Terms + Conditions
The following Terms and Conditions and any other rules posted on our Site (collectively the “TERMS”) constitute an agreement between ByGeorge (“we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the ByGeorge website and related micro-sites accessed through the URL www.bygeorgeaustin.com and related domain names, and any other website or micro-site of ByGeorge (collectively the “Site”).By visiting the Site, you are accepting and consenting to the practices described in the Terms. We may modify the Terms from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms.
Please read the Terms and check back often. If you do not agree to any change to the Terms, then you must immediately stop using the Site.
ByGeorge reserves the right, at any time, to modify, alter or update these Terms.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by ByGeorge or its subsidiaries and affiliates. The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties. ByGeorge reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
USE OF IMAGERY ON BLOGS
Images from ByGeorge may be used if credit for the origin of images is acknowledged. Credit styling and imagery to bygeorgeaustin.com.
COMMENTS, FEEDBACK + OTHER SUBMISSIONS
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to ByGeorge using this Site or otherwise (collectively, ‘Comments’) are not confidential and will become and remain ByGeorge’s property. The disclosure, submission or offer of any Comments will constitute an assignment to ByGeorge of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
NO COMMERCIAL USE
The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying.
Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them
RISK OF LOSS
All items purchased from ByGeorge are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT INFORMATION + AVAILABILITY
ByGeorge attempts to be as accurate as possible. However, ByGeorge does not warrant that product descriptions or other content of this Site are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by ByGeorge itself is not as described, you may return it in its original condition. Please see our Returns + Exchanges policy. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email.
Despite our best efforts, items on our Site may occasionally be mispriced. ByGeorge shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ByGeorge shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, ByGeorge shall promptly credit the credit card account in the amount of the incorrect price.
LINKS TO OTHER WEBSITES + SERVICES
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. ByGeorge does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
SITE POLICIES, MODIFICATIONS + SERVERABILITY
We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
These Terms are effective unless and until terminated by ByGeorge. ByGeorge may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Contents and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. ByGeorge shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual’s right to access or use the Site or any portion thereof.
ByGeorge may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail.
DISCLAIMER, LIMITATION OF LIABILITY + INDEMNITY
Except as otherwise expressly provided, this site, all contents and all products and services are provided on an ‘as is’ basis. ByGeorge disclaims all warranties of any kind, either express or implied, including without limitation, implied ByGeorge does not warrant that your use of this site will be uninterrupted or error free, or that this site or its server are free of viruses or other harmful elements. Although ByGeorge endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Your use of this site is at your own risk. ByGeorge nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on this site. ByGeorge in not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of ByGeorge’s terms, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend and hold harmless ByGeorge, its members, shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting or arising out of your breach of any of these terms.
By visiting ByGeorge, you agree that any dispute or claim arising out of or in connection with these Terms shall be governed by the laws of the State of Texas. The venue for any suit involving these Terms shall be in either the District or Circuit Court for the City of Austin, Texas or the United States District Court for the Western District of Texas.