Terms and Conditions Agreement between User and comeanddiewithme.com

Welcome to Only Caviar. The comeanddiewithme.com website (the “Site”) is

compromise of various web pages operated by Only Caviar. comeanddiewithme.com is

offered to you conditioned on your acceptance without modification of the terms,

conditions, and notices contained herein (the “Terms”). Your use of

comeanddiewithme.com constitutes your agreement to all such Terms. Please read

these terms carefully, and keep a copy of them for your reference.

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comeanddiewithme.com is an E-Commerce Site.

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The purpose of Only Caviar is to create a space for individuals that are unified by

unique clothing. To exhibit an internal sense of self awareness that perpetuates a

dialogue addressing one’s own mental health and stability in addition to the stability and

truth of the environment around one’s self.

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Electronic Communications

Visiting comeanddiewithme.com or sending emails to Only Caviar constitutes electronic

communications. You consent to receive electronic communications and you agree that

all agreements, notices, disclosures and other communications that we provide to you

electronically, via email and on the Site, satisfy any legal requirement that such

communications be in writing.

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Children Under Thirteen

Only Caviar does not knowingly collect, either online or offline, personal information

from persons under the age of thirteen. If you are under 18, you may use

comeanddiewithme.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

comeanddiewithme.com may contain links to other websites (“Linked Sites”). The

Linked Sites are not under the control of Only Caviar and Only Caviar is not responsible

for the contents of any Linked Site, including without limitation any link contained in a

Linked Site, or any changes or updates to a Linked Site. Only Caviar is providing these

links to you only as a convenience, and inclusion of any link does not imply

endorsement by Only Caviar of the site or any association with its operators.

Certain services made available via comeanddiewithme.com are delivered by third party

sites and organizations. By using any product, service, or functionality originating from

the comeanddiewithme.com users and customers

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

comeanddiewithme.com strictly in accordance with these terms of use. As a condition of

you ruse of the Site, you warrant to Only Caviar that you will not use the Site for any

purpose that is unlawful or prohibited by these Terms. You may not use the Site in any

manner which could damage, disable, overburden, or impair the Site or interfere with

any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain

any materials or information through any means not intentionally made available or

provided for through the Site.

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All content included as part of the Service, such as text, graphics, logos, images, as well

as the compilation thereof, and any software used on the Site, is the property of Only

Caviar or its suppliers and protected by copyright and other laws that protect intellectual

property and proprietary rights. You agree to observe and abide by all copyright and

other proprietary notices, legends or other restrictions contained in any such content

and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transferor

sale, create derivative works, in any way exploit any of the content, in whole or in part,

found on the Site. Only Caviar content is not for resale. Your use of the Site does not

entitle you to make any unauthorized use of any protected content, and in particular you

will not delete or alter an proprietary rights or attribution notices in any content.You will

use protected content solely for your personal use, and will make no other use of the

content without the express written permission of Only Caviar and the copyright owner.

You agree that you do not acquire any ownership right in any protected content. We do

not grant you any licenses, express or implied, to the intellectual property of Only Caviar

or our licensors except as expressly authorized by these Terms.

 

Third Party Accounts

You will be able connect your Only Caviar account to third party accounts. By

connecting your Only Caviar account to your third party account, you acknowledge and

agree that you are consenting to the continuous release of information about you to

others (in accordance with your privacy settings on those third party sites). If you do not

want information about you to be shared in this manner, do not use this feature.

International Users

The service is controlled, operated and administered by Only Caviar from our offices

within the USA. If you access the Service from a location outside the USA, you are

responsible for compliance with all local laws. You agree that you will not use the Only

Caviar Content accessed through comeanddiewithme.com in any country or in any

manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Only Caviar, its officers, directors,

employees, agents, and third parties, for any losses, costs, liabilities and expenses

(including reasonable attorney’s fees) relating to or arising out of your use of or inability

to use the Site or services, any user posting made by you, your violation of any terms of

the Agreement of your violation of any rights of a third party, or your violation of any

applicable laws, rules, or regulations. Only Caviar reserves the right, at its own cost, to

assume the exclusive defense and control of any matterotherwise subject to

indemnification by you, in which event you will fully cooperate with Only Caviar in

asserting any available defenses

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of

or concerning these Terms and Conditions, or any provisions hereof, whether in

contract, tort, or otherwise at law or in equity for damages or any other relief, then such

dispute shall be resolved only by final and binding arbitration pursuant to the Federal

Arbitration Act, conducted by a single neutral arbitrator and administered by the

American Arbitration Association, or a similar arbitration service selected by the parties,

in a location mutually agreed upon by the parties. The arbitrators award shall be final,

and judgement may be entered upon it in any court having jurisdiction. In the event that

any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and

reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in

regards to these Terms and Conditions or any disputes arising as a result of these

Terms and Conditions, whether directly or indirectly, including Tort claims that are a

result of these Terms and Conditions. The parties agree that the Federal Arbitration Act

governs the interpretation and enforcement of this provision. The entire dispute,

including the scope and enforceability of this arbitration provision shall be determined by

the Arbitrator. This arbitration provision shall survive the termination of these Terms and

Conditions.

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Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis;

class arbitration and class/representative/collective actions are not permitted. THE

PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER

ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS

MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE

PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL

ACTION AGAINST THE OTHER. Further, unless both you and Only Caviar agree

otherwise, the arbitrator may not consolidate more than one person’s claims, and may

not otherwise preside over any form of representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERROR CHANGES IN THE SITE AT ANY TIME.

ONLY CAVAIR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT

THE SUITABILITY, RELIABILITY, AVAILA BILITY, TIMELINESS, AND ACCURACY OF

INFORMATION, SOFTWARE, PRODUCTS, SERVICES RELATED GRAPHICS

CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,

PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL ONLY CAVIAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR

ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE

DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED

THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITEM,

WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR

OTHERWISE, EVEN IF ONLY CAVIAR OR ANY OF ITS SUPPLIERS HAS BEEN

ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME

STATES/JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE

LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY

PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE

AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Only Caviar reserves the right, in its sole discretion, to terminate your access to the Site

and the related services or any portion thereof at any time, without notice. To the

maximum extent permitted by law, this agreement is governed by the laws of the State

of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in

Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is

unauthorized in any jurisdiction that does not give effect in all provisions of these Terms,

including, without limitation, this section.

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You agree that no joint venture, partnership, employment, or agency relationship exists

between you and Only Caviar as a result of this agreement or use of the Site. Only

Caviar’s performance of this agreement is subject to existing laws and legal process,

and nothing contained in this agreement or use of the Site. Only Caviar’s performance

of this agreement is subject to existing laws and legal process, and nothing contained in

this agreement is in derogation of Only Caviar’s right to comply with governmental, court

and law enforcement requests or requirements relating to your use of the Site or

information provided to or gathered by Only Caviar with respect to such use. If any part

of this agreement is determined to be invalid or unenforceable pursuant to applicable

law including, but not limited to, the warranty disclaimers and liability limitations set forth

above, then the invalid or unenforceable provision will be deemed subjected to the

same conditions as other business documents and records originally generated and

maintained in printed form. It is the express wish to the parties that this agreement and

all related documents be written in English.

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Changes to Terms

Only Caviar reserves the right, in its sole discretion, to change the Terms under which

comeanddiewithme.com is offered. The most current version of the Terms will

supersede all previous versions. Only Caviar encourages you to periodically review the

Terms to stay informed of our updates.