TERMS & CONDITIONS

Legal Notice

All notices from Life Brands to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Life Brands shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:

541 North Main Street
Suite 104-229
Corona, CA 92880
Delivery shall be deemed to have been made by You to Life Brands five (5) days after the date sent.

Terms and Conditions of Sale

Please take the time to read through these term and conditions in respect to the sale of products through Life Brands Apparel.

THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN LIFE BRANDS APPAREL'S' INVOICE OR OTHER LIFE BRANDS APPAREL DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE.

IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale constitute a binding contract between Customer and Life Brands Apparel. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Life Brands Apparel's Web Site (the "Web Site"). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Web Site at the time Customer initially places or modifies an order will govern the order in question.

These Terms and Conditions of Sale constitute the entire agreement between Customer and Life Brands Apparel relating to the Terms and Conditions of Sale of products on the Web Site Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.

Customer agrees that the Terms and Conditions of Sale contained herein and in Life Brands Apparel's invoice or other documentation will control. No course of prior dealings between the parties will be relevant to determine the meaning of these Terms and Conditions of Sale or invoice related thereto. For the purpose of these Terms and Conditions of Sale, "Customer" means the person or entity that purchases, places an order or otherwise shops at Life Brands Apparel's Web Site

Choice of Law and Forum
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California. Customer expressly agrees any action relating to the use of the Web Site, catalogs or any transaction with Life Brands Apparel must be brought in the state or federal courts located in the County of Riverside, California.

Shipping; Risk of Loss; Security Interest
Life Brands Apparel will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Life Brands Apparel charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays.

Life Brands Apparel retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Non-US or Export Sales
Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Customer represents and warrants that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

Warranties
Customer understands that Life Brands Apparel is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Life Brands Apparel. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Life Brands Apparel. LIFE BRANDS APPAREL HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF LIFE BRANDS APPAREL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

LIMITATION OF LIABILITY
IN NO EVENT WILL LIFE BRANDS APPAREL OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIFE BRANDS APPAREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIFE BRANDS APPAREL LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER LIFE BRANDS APPAREL NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER LIFE BRANDS APPAREL NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

Life Brands Apparel will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Indemnification
Customer agrees to defend, indemnify, and hold harmless Life Brands Apparel and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Life Brands Apparel's Web Site. Life Brands Apparel reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Life Brands Apparel in asserting any available defenses.

Pricing Information; Availability; Errors and Omissions Disclaimer
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders.

We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.

If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.

Accounts and Passwords
Customer is responsible for maintaining the confidentiality of Customer's account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer's account or password.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Life Brands Apparel until accepted by Life Brands Apparel. Life Brands Apparel reserves the right to refuse service to anyone. Terms of payment are within Life Brands Apparel's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Life Brands Apparel may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Life Brands Apparel from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Life Brands Apparel's costs of collection, including court costs, filing fees and attorney's fees.

Severability
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Copyright

All content appearing on this Web site is the property of:

Life Brands Apparel
541 North Main Street
Suite 104-229
Corona, CA 92880

Copyright © 2009 Life Brands Apparel. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009 Life Brands Apparel. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Life Brands Apparel. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Life Brands Apparel or any third party, except as expressly granted herein.

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Life Brands and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Life Brands believes that customer conduct violates applicable law or is harmful to the interests of Life Brands Apparel and its subsidiaries.

Sales Tax

Life Brands Apparel charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.