HoodiaPlace

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Terms of Use

JURISDICTION
The Site (excluding linked sites, if any) is administered and controlled by VARSITYPLAZA LLC. and its affiliates, subsidiaries, officers, directors, employees or agents (collectively, “Hoodiaplace.com") from its offices in the accordance with the laws of the State of Virginia and the laws of the united States applicable therein. You agree that thisAgreement shall in all respects be governed by the laws of the State of Virginia, excluding: (ii) its conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; and (v) UCITA. The parties hereby agree that all disputes arising out of this Agreement shall be subject to jurisdiction of and venue in the federal and state courts located within Fairfax County Virginia. You hereby consent to, and waive defenses of, the personal and exclusive jurisdiction and venue of these courts.

DISCLAIMERS
HOODIAPLACE.COM PROVIDES THE SITE AND THE INFORMATION ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HOODIAPLACE.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, HOODIAPLACE.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.

YOU ACKNOWLEDGE AND AGREE THAT HOODIAPLACE.COM DOES NOT ENDORSE THE CONTENT OF ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HOODIAPLACE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, EVEN IF HOODIAPLACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ENTIRE AGREEMENT
These Terms and any terms incorporated or referred to herein constitute the entire agreement between you and Hoodiaplace.com relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Hoodiaplace.com making such amendments or modifications in accordance with these Terms.

SEVERABILITY
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMS OF SALE

The following terms and conditions (the “Terms”) govern the sale by VARSITYPLAZA LLC. (carrying on business as “Hoodiaplace.com”) to you (the “Customer”) of the products and services (the "Products") offered for sale by Hoodiaplace.com. By accepting delivery of the Products described in an order, Customer agrees to be bound by and accepts these Terms.

1. Other Documents. These Terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Hoodiaplace.com. Hoodiaplace.com may change these terms and conditions as they relate to future sales or deliveries at any time without prior notice.

2. Governing Law. This Agreement shall in all respects be governed by the laws of the State of Virginia, excluding: (ii) its conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; and (v) UCITA. The parties hereby agree that all disputes arising out of this Agreement shall be subject to jurisdiction of and venue in the federal and state courts located within Fairfax County, Virginia. You hereby consent to, and waive defenses of, the personal and exclusive jurisdiction and venue of these courts.

3. Privacy Policy. By submitting an order for products and services from Hoodiaplace.com, the Customer consents to the collection and use of personal information as described in our privacy policy published on the Hoodiaplace.com web site. Hoodiaplace.com reserves the right to amend its privacy policy from time to time by posting the updated policy on its web site. The Customer agrees to review the privacy policy each time it submits an order for products or services.

4. Orders; Prices; Payment Terms; Interest. Orders are not binding upon Hoodiaplace.com until accepted by Hoodiaplace.com in writing. The prices for the Products shall be as set forth in Hoodiaplace.com’s website as at the time of acceptance of an order by Hoodiaplace.com. Prices for Products shall be subject to change without any further notice. Unless otherwise specified in writing by Hoodiaplace.com, payment must be received by Hoodiaplace.com prior to Hoodiaplace.com 's acceptance of an order.

5. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Hoodiaplace.com's invoice(s). The Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on Hoodiaplace.com's net income. If applicable, a separate charge for taxes will be shown on Hoodiaplace.com's invoice

6. Title. Title to Products passes from Hoodiaplace.com to Customer at the time the Products begin shipment, i.e. the time the Products leave Hoodiaplace.com or their designees facilities. Hoodiaplace.com is not liable for delays in shipment or failure to ship by the estimated ship date.

7. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOODIAPLACE.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOODIAPLACE.COM'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.

8. Exchanges. From time to time, Hoodiaplace.com may, in its sole discretion, exchange and replace a Product, in the event of damage or defect of the Product. Any exchanges will be made in accordance with Hoodiaplace.com’s exchange policies in effect on the date of the exchange.

9. Products. Hoodiaplace.com may revise and discontinue Products at any time without prior notice.

10. Limitation of Liability. HOODIAPLACE.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS THAT HAVE BEEN PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOODIAPLACE.COM WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.

11. Exports. The Customer acknowledges that the Products sold hereunder are subject to applicable export control laws and regulations.

12. Entire Agreement. Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and Hoodiaplace.com pertaining to the subject-matter of these terms and conditions, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and Hoodiaplace.com. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.

13. Severability. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.

14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

15. Force Majeure. Hoodiaplace.com shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested Products, mail delays, customs delays, lost shipments. Hoodiaplace.com shall not be responsible to notify the Customer in the event of such delays. Customer shall be solely responsible to make other arrangements to purchase alternative Products and any costs incurred in connection with such purchases.

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