Website Terms of Use

These Terms of Use contain a mandatory dispute resolution provision that includes a binding arbitration provision, class action waiver, and jury trial waiver that affect your rights. The dispute resolution provision requires that disputes be resolved in individual arbitration or small claims court proceedings. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review carefully.

Welcome to this Marklin's Apparel- www.marklinsapparel.com, microsite, or mobile site (this "Website") or mobile application ("App"). Please review the following terms and conditions ("Terms and Conditions" or "Agreement") before using this Website/App. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website/App.

Your Use Generally

Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, we (Marklin's Apparel, a subsidiary of The Marklin's Company also known as Marklin's Services LLC reserve the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.

Our Products

All features, specifications, products and prices of products and services described on this Website/App are subject to change at any time without notice. From time to time there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website/App. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Website/App; however, the actual color you will see will depend on your device, and we cannot guarantee that your device will accurately display our colors. The inclusion of any products or services on this Website/App does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

Comments and other Communications

As between you and us, all comments, feedback, suggestions, ideas, questions, text prompts, and other communications (collectively, "Communications") submitted or offered to us via this Website/App, in connection with your use of this Website/App, or through email, postal mail, phone support, or any contact with us, shall be and remain property of The Marklin's Company. We shall be free to use any ideas, concepts, know-how, or techniques contained in any Communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Disclaimer

This Website/App and all Content of the Website/App are provided to our customers and prospective customers "as is" and "as available" and without warranties of any kind, whether express or implied,

including but not limited to, those of merchantability, fitness for a particular purpose, title or noninfringement.

You acknowledge, by your use of the Website/App, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

You understand and acknowledge that, pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider.

Limitation of Liability

For purposes of this limitation of liability provision, "Marklin's Apparel" includes its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of its and their respective officers, directors, employees and agents.
To the fullest extent permitted by applicable law: in no event will we (The Marklin's Company also known as Marklin's Services LLC) be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, or damages for business interruption) (collectively, "damages").
These limitations of liability shall survive the termination or expiration of this agreement. Certain jurisdictions do not allow these limitations on liability for certain types of damages; as a result, the limitations of liability contained herein may not apply to you in whole or in part. The foregoing paragraph may not apply to a resident of New Jersey.

Dispute Resolution

Waiver of Jury Trials.
- You and The Marklin's Company also known as Marklin's Services LLC waive the right to a jury trial to the fullest extent permitted by applicable law.
Waiver of Class Actions.
- You and The Marklin's Company agree that any proceeding, whether in arbitration or litigation, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.