HERITAGE ASE LLC – TERMS OF SERVICE
Last Updated: 01/01/2021
Welcome to Heritage ASE! We are excited to work with you but ask that you take some time to review these Terms of Service (the “Terms”) carefully.
In reading these Terms, we want to clarify that words or phrases such as “Heritage ASE,” “Darity,” “us,” “we,” “our,” or “it” refer to Heritage ASE LLC including everyone that makes up Heritage ASE LLC including its members, affiliates, representatives, successors, assigns, employees, staff, contractors and volunteers. “You,” “your,” “user,” “client,” and similar words and phrases mean you, the individual accessing this website or participating in Heritage ASE’s different services either for yourself or on behalf of someone else.
1. Accepting These Terms – Legal Contract
These Terms are a legally binding contract between you and Heritage ASE LLC. That means these Terms govern the following:
- Your relationship with Heritage ASE LLC;
- Your relationship with Darity as a dba for Heritage ASE LLC;
- Your use of https://www.darity.co/ (the “Website”) including your browsing or use of other activities provided through the Website; and
- Your use of the clothing store, as a retail provider or other services provided by Heritage ASE LLC (the “Services”).
BY ACCESSING THE WEBSITE OR PARTICIPATING IN THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS LEGAL CONTRACT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU SIGNED A PHYSICAL CONTRACT. THIS APPLIES TO YOU AND ANY INDIVIDUAL UNDER THE AGE OF 18 USING OUR WEBSITE OR SERVICES FOR WHOM YOU ARE THE PARENT OR GUARDIAN.
Please review Sections 9 and 10 carefully, as they limit Heritage ASE’s liability to you and require that you agree to resolve all disputes with Heritage ASE through binding arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. By accepting these Terms, you formally acknowledge that you have read and understand these Terms and have taken the time to consider the consequences of this important decision.
If you do not agree to these Terms, you may not use the Website or participate in the Services. But if you do agree, please read on!
2.Privacy and Data Retention
3.Changes to the Terms
Therefore, we recommend that you read any third-party’s terms of service, privacy policies, or other conditions or policies so you can understand the manner in which they will handle any personally-identifiable information.
5.Item Descriptions and Pricing
While we attempt to be as accurate as possible, Heritage ASE does not warrant that product descriptions or other content of the Website or any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate nor can guarantee the accuracy or display of the item on any third-party websites or stores. Heritage ASE does not warrant the accuracy of customer product ratings, reviews, comments or feedback.
Products displayed may be out of stock or discontinued, and the prices are subject to change. Heritage ASE is not responsible for typographical errors regarding price or any other matter and prices for the Services will be the price in effect at the time the purchase is made. The prices for any Services available for purchase through Heritage ASE do not reflect any federal, state or local taxes (collectively “Taxes”) or other shipping-related costs or fees. Taxes or any additional charges will be itemized in your order during the payment process at checkout. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any purchases arising from such errors.
6.Website Payment Terms
Terms of payment are within our sole discretion of Heritage ASE, and unless otherwise agreed to by Heritage ASE, in writing, we must receive payment before our acceptance of an order and subsequent shipping of the order. Heritage ASE does not control the costs of shipping and will apply shipping costs in accordance with the rates provided by the third-party shipping entity. Shipping costs are at the discretion of the shipping entity and the rates may vary based on timing, location and other factors. Payments for items through our Website or for our Services are done through third party platforms, which allow you to use a credit or debit card for purchases. Therefore, when making purchases you are subject to that third-party’s terms of service and privacy policies.
Heritage ASE may also provide gift certificates, otherwise termed as “gift cards,” that can be used to purchase the Services as determined in Heritage ASE’s sole discretion. Such gift cards may be subject to additional terms and conditions.
By purchasing Services, you represent and warrant that (i) the payment information you supply for purchases is true, correct, and complete, (ii) you are duly authorized to use that payment for the purchase, (iii) charges incurred by you will be honored by your bank or credit card company, and (iv) you will pay any charges you incur at the Website-posted prices, including all applicable taxes, if any. In the event your payment is returned for any reason, you will automatically be charged any bank fee or third-party payment processor fee imposed on Heritage ASE, in addition to our own processing fee, as determined by Heritage ASE. If this occurs, we retain the right to collect any current and past due balances at any time after the returned payment.
Heritage ASE reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any purchases. These restrictions may include, but are not limited to, orders placed by or under the same Account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email, billing address, or phone number provided at the time you place your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to update your Account and other information, including your email address and credit card information, promptly so that we can complete your transactions and contact you as needed.
Any payments made through the Website and/or for Services are subject to our Returns and Exchanges policy.
7.Limits on Purchases
In an effort to enhance the shopping experience, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our Services or merchandise. We may, among other things restrict orders placed by or under the Account, same credit card and/or orders that in Heritage ASE’s sole discretion appears to be placed in violation of this policy. We reserve the right to cease doing business with customers who violate this policy.
8.International Use, Customs, Duties, and Taxes
Heritage ASE is controlled and operated out of the United States and Heritage ASE makes no representation that the Services or merchandise is appropriate or available outside of the United States. You are responsible for assuring that any items your purchase off of the Website can be lawfully imported to your destination country. International orders (shipped to countries outside of the United States) may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your country and are therefore your responsibility. We have no control over these charges and cannot predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause shipping delays that we cannot predict.
By visiting the Website, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to any trade embargo under the laws and regulations of the United States or listed on any of the United States government’s lists of prohibited or restricted parties.
9.Warranties and Limits on Liability
(A) Website and Social Media Content
You may come across materials that you find offensive or inappropriate on our Website or while using our Services, including on Heritage ASE’s various social media pages. We make no representations concerning any content posted by users through the Services. Heritage ASE is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
(B) Linking to The Website
You may link to the Website through your own website, blog, or social media pages, provided you do so in a way that is fair and legal and does not damage Heritage ASE’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
(C) Links from the Website
HERITAGE ASE WORKS HARD TO PROVIDE YOU THE BEST POSSIBLE WEBSITE AND SERVICES, BUT WE ARE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(E) Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HERITAGE ASE BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS RELATED TO OR RESULTING FROM ANY ASPECT OF OUR SERVICES OR THE WEBSITE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF (i) THE SERVICES, (ii) THE WEBSITE, (iii) THESE TERMS, (iv) WEBSITE CONTENT OR THIRD-PARTY CONTENT, OR (v) ANY OTHER ASPECT OF OUR SERVICES OR WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall our total liability to you for all damages (regardless of whether the claim for such damages is based in contract, tort, strict liability, or otherwise) exceed one hundred twenty-five dollars ($125). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You voluntarily and irrevocably agree to indemnify, defend, and hold harmless, at your expense, Heritage ASE from any and all liability present, past and in the future, losses, claims, demands, actions or rights of action, costs or expenses (including, without limitation, reasonable attorney fees and costs), or damages related to, arising out of, or incidental to Website, the Services, or the Terms, any incident occurring when providing the Services, any act or omission of Heritage ASE related to the Website, the Services, the Terms, or any of your acts, errors, omissions, or default related to the Website, the Services, or the Terms, including but not limited property repair, property damages or losses, or any other damages in respect of death, injury to person or property, or any other loss or damage to any member, employee, or contractor of Heritage ASE. You acknowledge and agree that Heritage ASE shall not be responsible for damages, direct or consequential, resulting from any injury, annoyance or disturbance under the Website, the Services, or the Terms.
(A) Governing Law and Jurisdiction
By using the Website or our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Heritage ASE. However, if you have in any manner violated or threatened to violate any intellectual property right of Heritage ASE, we may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina. You consent to exclusive jurisdiction and venue in these courts.
Any dispute or claim relating in any way to your use of the Website or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify or in regards to a claim by Heritage ASE for a violation of any of its intellectual property rights.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms or the enforcement thereof, then that issue shall be resolved under the laws of the state of North Carolina.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide Heritage ASE with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial.
Heritage ASE is based in the state of North Carolina, so any legal action against Heritage ASE related to the Website or the Services must be filed and take place in a location in North Carolina closet to Heritage ASE’s principal office, including all actions and proceedings under the AAA Rules.
(D) Limitation on Time to Initiate a Dispute
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrued, otherwise, such cause of action or claim is permanently barred.
11. Website Modification, Suspension, or Cancellation
Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. However, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website or Services, including processing of our products, with or without notice to you. You agree that Heritage ASE shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services. In addition, we reserve the right to terminate your access to the Website or Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of the Website, our Services, Heritage ASE, and our users and clients as a whole.
12.Website Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You may not, nor may you permit, any third party directly or indirectly to:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
- Export the Services of the Website, which may be subject to export restrictions imposed by U.S. law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII);
- Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Transmit, procure, or send any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Impersonate or attempt to impersonate Heritage ASE, a Heritage ASE employee, another user, or any other person or entity (including, without limitation, by using any email addresses associated with any of the forgoing);
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Heritage ASE or users of the Website or expose them to liability;
- Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Copy, monitor, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way the material, information or Services on the Website for any purpose without our prior written consent;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or distributed denial-of-service attack;
- Transfer any rights granted to you under these Terms;
- Otherwise use the Services except as expressly allowed under these Terms and applicable Policies.
If we reasonably suspect that your use of the Website has been for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your transactions, with the applicable law enforcement or governmental agency and to terminate or suspend your access to all or part of the Website.
13. Intellectual Property Rights
Please note, in these Terms, the phrase “intellectual property” describes the ownership rights or other protections over Heritage ASE’s creative and intellectual efforts. We describe what this means in more detail below.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Heritage ASE, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, expect as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you wish to make any use of material on the Website other than as set out in this section, please address your request to: email@example.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Heritage ASE. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Heritage ASE name and all related names, logos, product and service names, designs, and slogans, including those for Darity, are trademarks of Heritage ASE or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
14.Your Responsibilities If You Break the Terms
You agree that if you violate any of the Terms, or any liabilities are incurred arising out of your use of this Website or participation in the Services, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account or personal information unless you can prove that such use was fraudulent.
15.Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
You must be at least 18 years old to use the Website or participate in the Services. If you are under 18 years old, you must have permission from a parent or legal guardian to use the Website or the Services. We have no intention of collecting personal information from individuals under the age of 18.
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received Personal Information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org and we will take reasonable steps to ensure that such information is deleted from our records.
17. Geographic Restrictions
Heritage ASE’s Services and Website are controlled and offered from our facilities based in the United States. We provide this Website for use only by persons located in the United States. We make no representations or claims that the Services or Website are accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Services or Website from outside the United States, you do so on your own initiative and are subject to the laws and regulations of that country.
No waiver by Heritage ASE of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Heritage ASE to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
The Terms, and any rights you may have under them, may not be assigned or transferred by you. Heritage ASE may freely assign the Terms.
All headings used in the Terms are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms. Words of any gender used in the Terms shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
21. Entire Agreement