Items must be unused
Items are not accepted with damages
Returns shipped at customer’s expense
Tags and original packaging required for return
TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
OnTheMarq, LLC, and its affiliates (collectively “OnTheMarq, LLC”, “we,” “us” or “our”) provides and makes available this website. By using this website located at “www.OnTheMarqJumpsuit.com” and the pages, features, information, content, applications and services contained herein from time to time (collectively, the “Service”), you agree to these terms and conditions (“Terms and Conditions” or this “Agreement”), whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered or transacted business with the Service or a component thereof). The term “User” refers to a Visitor or a Member. If you do not agree to these Terms and Conditions, you should not use the Service. OnTheMarq, LLC reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you are a Member and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service.
1. PRODUCT PURCHASES
From time to time, OnTheMarq, LLC may offer products for sale as part of the Service. OnTheMarq, LLC reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. OnTheMarq, LLC does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. Such products may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of products under such order.
2. TRADEMARKS AND COPYRIGHTS
OnTheMarq, LLC, the OnTheMarq, LLC logo, the domain name OnTheMarqJumpsuit.com, and other trademarks, logos and domain names are registered and unregistered trademarks, service marks and registered domain names of OnTheMarq, LLC. The trade dress of products sold under the OnTheMarq brand is property of OnTheMarq, LLC. All other trademarks on the Service are the property of the respective trademark owners. Unauthorized use of these trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark owned by OnTheMarq, LLC displayed on this Service without the prior written consent of OnTheMarq, LLC specific for each such use. The trademarks may not be used to disparage OnTheMarq, LLC, OnTheMarq, LLC products and services, any third party or third party’s products or services, or be used in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks. Use of any trademarks as part of a link to or from any website is prohibited without OnTheMarq, LLC’s prior written consent. All goodwill generated from the use of any OnTheMarq, LLC trademark shall inure to OnTheMarq. All designs, Web pages and source code comprising the Service are copyrighted or licensed by OnTheMarq, LLC. All rights reserved.
3. RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, video, images, audio clips and software, are the property of OnTheMarq, LLC or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of OnTheMarq, LLC and protected by U.S. and international copyright laws. Notwithstanding the foregoing, OnTheMarq, LLC is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service/website/clothing may not be copied, for without the prior written consent of OnTheMarq, LLC. Any intellectual property embodied in the Service or OnTheMarq, LLC products, including without limitation patents, issued or pending, are the sole property of OnTheMarq, LLC and/or its licensors.
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such login information. You are responsible for any and all activity related to the Service accessed or used via your account. You must immediately notify OnTheMarq, LLC of any unauthorized use of your username and password by sending an email to
OnTheMarq, LLC may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (I) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) OnTheMarq, LLC shall have no liability to you or any third party in such case. OnTheMarq, LLC, shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.
Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 13 years of age.
You are solely responsible for your interactions with other Members. OnTheMarq, LLC, reserves the right, but has no obligation, to monitor disputes between you and other Members.
4. POLICY CONCERNING CLAIMS OF INFRINGEMENT
All notices as to matters of copyright infringement should be sent to our designated agent at the following address:
OnTheMarq, LLC, 15021 Ventura Blvd., Ste. 397, Sherman Oaks, CA 91403
Notices as to matters of copyright infringement should contain the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed. b. Authentication of the copyrighted work claimed to have been infringed. c. Authentication of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit OnTheMarq, LLC, to locate the material. d. The address, telephone number or email address of the complaining party. e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. f. A statement, under penalty of perjury via notarized document(s) that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OnTheMarq, LLC reserves the right to (I) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom OnTheMarq, LLC believes is violating any such rights of others.
The Service may link to other websites which are not maintained by OnTheMarq, LLC and which are owned and operated by third parties. You acknowledge that OnTheMarq, LLC is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by OnTheMarq, LLC and/or the Service. Viewing of any website linked to the Service is at your own risk.
You hereby agree to indemnify, defend and hold harmless OnTheMarq, LLC and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. OnTheMarq, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of OnTheMarq, LLC. You shall cooperate as fully as reasonably required in the defense of any claim.
If you are a user from New Jersey, your obligations under this section (indemnification) are intended to be only as broad and inclusive as is permitted under New Jersey law. If any portion of this section is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions of this section.
OnTheMarq, LLC, its subsidiaries, divisions and affiliates, their respective officers, directors, employees, agents, suppliers, or licensors (collectively, the “OnTheMarq, LLC parties”) do not warrant that any information, content or material on the service is accurate, complete, reliable, current or error-free. The content or material on the service may include technical inaccuracies or typographical errors. The OnTheMarq, LLC parties may make changes or improvements at any time. The service is provided “as is” and “as available” and without warranties of any kind either express or implied, including but not limited to, title, non-infringement, implied warranties arising from course of dealing or course of performance or any other warranties under article 2 of the uniform commercial code and, to the fullest extent permissible pursuant to applicable law, the OnTheMarq, LLC parties disclaim all warranties of merchantability and fitness for a particular purpose. The OnTheMarq, LLC parties do not make any representations or warranties regarding the use of, or the results of the use of, the service, whether in terms of correctness, completeness, accuracy, reliability, or otherwise. No advice or information, whether oral or written, obtained by you from the service shall create any warranty not expressly made herein.
The OnTheMarq, LLC parties do not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that the service will be free of viruses or other harmful components. You understand and agree that any content downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the downloading of such content. You (and not the OnTheMarq, LLC parties) assume the entire cost of all necessary servicing, repair or correction.
You understand and agree that the disclaimers set forth herein apply to all causes of action now known or which may arise in the future.
If you are a user from New Jersey, your obligations under this section are intended to be only as broad and inclusive as is permitted under New Jersey law. If any portion of this section is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions of this section.
8. LIMITATION OF LIABILITY
OnTheMarq, LLC will not be liable for any damages or injury caused by the service or any content on the service, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus. OnTheMarq, LLC will not be liable for any damages or injury, including but not limited to, special, indirect, incidental or consequential damages that result from the use of, or the inability to use, the content or materials on the service even if there is negligence by OnTheMarq, LLC or if an authorized representative of OnTheMarq, LLC has been advised of the possibility of such damages, or both. OnTheMarq, LLC will not be liable for any damages or injury, including but not limited to, special, indirect, incidental or consequential damages that may result from linking to any third-party website.
If you are a user from New Jersey, this section 8 (limitation of liability) is intended to be only as broad and inclusive as is permitted under New Jersey law. If any portion of this section is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions of this section.
9. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the disclaimer or exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in sections 7 (disclaimer) and 8 (limitation of liability) may not apply to or be enforceable with respect to users from such jurisdictions.
10. TERMINATION OF USER ACCOUNTS
OnTheMarq, LLC may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. OnTheMarq, LLC may prevent your access to the Service or cancel your Membership immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever.
Sections 1 (Product Purchase), 2 (Trademarks and Copyrights), 3 (Restrictions on Use), 4 (Policy Concerning Claims of Infringement), 5 (Links), 6 (Indemnification), 7 (Disclaimer), 8 (Limitation of Liability), 10 (Termination) and 13 (Miscellaneous) Shall Survive the Termination of this Agreement.
10. CONTESTS & ADDITIONAL TERMS
In order to participate in certain contests, promotions, or other special programs made available through the Service, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participating in the applicable contest promotion and/or other special program will be subject to this Agreement and the applicable Program Terms, provided, however, that in the event of a conflict between the Program Terms and this Agreement, the applicable Program Terms will govern.
11. COMPLIANCE WITH APPLICABLE LAWS
This Service is based in Los Angeles County, California, United States of America. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
In compliance with California law (SB 657), OnTheMarq, LLC: (a) undertakes to verify its product supply chains to evaluate and address risks of human trafficking and slave labor; (b) conducts various types of independent audits, both announced and unannounced, of its suppliers to evaluate supplier compliance with OnTheMarq, LLC standards for trafficking and slavery in supply chains. Such audits conducted under this program are performed by OnTheMarq, LLC and third-parties; (c) requires certification by its direct suppliers that materials used to make its products are from suppliers that comply with laws regarding slavery and human trafficking in the country or countries in which they are doing business; (d) maintains internal accountability standards and procedures; and (e) provide company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigation risks within the supply chain of products. For more information on OnTheMarq, LLC’s policies and manufacturing practices, contact info@OnTheMarq, LLCjumpsuit.com
12. MOBILE SERVICES
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in California. Any court of competent jurisdiction sitting within Los Angeles County, CA will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.