Terms & Conditions
Last Updated/Effective Date: December 1, 2025
Overview
This website is operated by Stivale Graffam. Throughout the site, the terms “we”, “us” and “our” refer to
Stivale Graffam. Stivale Graffam offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound
by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website or use any services. If these Terms of
Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes constitutes acceptance of
those changes.
Our store is hosted on Shopify.com. Third-party vendors provide the online e-commerce platform that allows
us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
You agree to the Terms and Conditions with respect to your use of the Site. These Terms and Conditions may be amended by us at any time and from time to time without any notice to you. The most recent and active version of these Terms and Conditions will be posted on the Site, and you should review the same prior to using the Site.
SECTION 2 – GENERAL CONDITIONS
You and Stivale Graffam are independent parties and nothing in these Terms creates an employment or agency relationship. Your breach of these Terms is likely to cause immediate and irreparable harm to Stivale Graffam. As such, we may seek injunctive relief against you without the need to post bond. These Terms will be governed by the laws of the State of New Jersey without giving effect to applicable conflict of law provisions. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision. The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. Please bring to our attention any information you believe is inaccurate, by contacting us at , along with a detailed explanation of your beliefs of inaccuracies. We make no Warranty as to the completeness, accuracy or current nature of any information on the Site and neither Stivale Graffam, its affiliates or suppliers makes any commitment or assumes any duty to update that information. For example, products or services included on or through the Site may be unavailable, may have different attributes than those listed or shown or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability in our Discretion and without notice. While it’s our practice to confirm orders by email, the receipt of an email order confirmation doesn’t constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We have the irrevocable right, without prior notice, to limit the order quantity on any product or service and/or to refuse fulfillment of orders to any customer. We also may in our Discretion require verification of information prior to the acceptance and/or shipment of any order.
SECTION 4 – MODIFICATIONS TO PRICES AND RETURN POLICY
Certain products may be available exclusively online through our Site. These products may have limited quantities. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products from our Site without notice. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of our products. While we strive for your complete satisfaction with every purchase, due to the nature of our products, all sales are final. However, if your order arrives damaged or defective, please reach out to us at , and we'll promptly arrange a replacement for you.
Stivale Graffam will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. Stivale Graffam is not responsible for the display of any color, texture, or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
All features, content, specifications, products and prices of products and services described or depicted on or through the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products including their contents and container colors. However, the actual color you see depends on your computer system and we can’t guarantee that your computer will accurately display such colors. The inclusion of any products or services on or through the Site at a particular time doesn’t imply or Warrant that these products or services will be available at any time.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Account Creation - In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.
You represent and warrant that:
- all required registration information you submit is true and accurate; and
- you will maintain the accuracy of the information on your Account. You may delete your Account at any time, for any reason, by emailing us at with a request to delete your account. Stivale Graffam may suspend or terminate your Account in accordance with
Account Responsibilities - You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You will immediately notify Stivale Graffam of any unauthorized or suspected unauthorized use of your Account or any other breach of security. Stivale Graffam will not be liable for any loss or damage arising from your failure to comply with these account responsibility requirements.
Payments -
You represent and warrant that if you are purchasing something from us that:
- any credit card information you supply is true, correct, and complete;
- your credit card company will honor any charges you incur; and
- you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. We do not accept reseller or sales and use tax exemption certificates for online sales.
Verification - We reserve the right to contact you via email to verify the accuracy of account information (including your correct name and address) as needed to provide you with information or transactions you request.
Payment Providers - You may need to provide certain personal information to our third-party payment providers (“Payment Providers”) for your purchase transactions. We do not retain payment information you provide to Payment Providers. Please see the Privacy Policy for more information.
Order Modification, Rejection, Cancellation, and Refunds - We reserve the right to reject or modify an order, whether or not such order has been confirmed or your credit card has been charged. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. You will be notified of any rejection or changes to your order at the email address you provide at check out. If your credit card has already been charged and any portion of your order is rejected, we will issue a credit to your credit card account for the amount rejected. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. For information about order cancellations or refunds, see our Cancellation Policy and Refund Policy.
For more detail, please review our Returns Policy.
Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and other communication you transmit or post to the Site in any manner including but not limited to, those submitted through services connected through the Site, such as product reviews and via social media (individually and collectively, in whole and in part "User Communications") is non-confidential and non-proprietary, except for “Personal Information”, which is defined in and subject to our Privacy Policy. We don’t accept any User Communications under any obligations, either expressed or implied. So, please don’t send us User Communications you want us to keep confidential or for which you expect to receive compensation. Notwithstanding anything to the contrary in these Terms of Service, if you choose to make any of your Personal Information, User Communications or anything else publicly available in any forum or otherwise on or through any social media links available on or through the Site, you do so at your sole risk.
You expressly represent, warrant, covenant and agree (“Warranty” or “Warrant”): that you have the authority to submit all User Communications; that we may use all such User Communications for the purposes intended; that all User Communications shall be true, accurate and complete; and, that you will maintain and update User Communications as needed, such that it remains true, accurate and complete.
In exchange for the opportunity to submit User Communications, you irrevocably grant us an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast and otherwise exploit the User Communications via any and all forms and formats of exploitation, for any purpose, whether in connection with the submitted User Communications or not, without any payment to or further authorization by you. You also irrevocably grant to the unrestricted non-exclusive right, but not the obligation, to use your name, photograph, picture, likeness, moving image, voice and biographical material and that of others contained in your User Communications, whether in their original submitted form or otherwise, in perpetuity throughout the universe. We may, but are not obligated to, monitor or review any User Communications and have the irrevocable right to remove User Communications in our Discretion. We have no obligation to use, return, review or respond to any User Communications. We have no liability related to the content of any User Communications, whether or not arising under any U.S. and/or international laws or treaties. If you are accessing and using this Site on behalf of another Person, you Warrant that you have the authority to bind that Person as a principal to these Terms of Service and you accept full liability for any and all harm or damage caused by any wrongful use of the Site.
SECTION 7 – LIMITED LICENSE AND USE RESTRICTIONS
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein; or
- To interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Service; any part of our Site;
- any equipment or network on which our Site is stored; any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.
SECTION 8 – THIRD-PARTY LINKS
The Service may include third-party content and links to websites or content owned or operated by third parties ("Third Party Content"). Stivale Graffam does not own or control any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content. If you use any of these third-party products or services, you assume all risks and liabilities. Third parties should have their own terms of service and privacy policies which you should review.
We may also, in the future, offer new services or features through the Site (including the release of new tools and resources). Such new features or services will also be subject to these Terms.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Any comments, suggestions, ideas, materials, or other submissions ("Feedback") that you send to Stivale Grafam are provided on a non-confidential basis. If you provide us with Feedback regarding any aspect of the Service, Stivale Graffam will own all rights in and to such Feedback and any derivative products or services developed from the Feedback without compensation to the provider of the Feedback. For further information regarding Stivale Graffam protection of your personal information, please see our Privacy Policy.
You affirm that no Feedback submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no Feedback submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and will remain solely responsible for the content of any Feedback you make and may be held liable for any damages or losses incurred by Stivale Graffam due to violation of this clause.
Your interactions with other Site users are solely between you and such users. You agree that Stivale Graffam will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
All suggestions, ideas, notes, concepts, product reviews and/or other information you may from time to time send or otherwise provide to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall be subject to an obligation of confidentiality on our part, where required by applicable law or where the Submissions contain personal information. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Site (or to our accounts on any Third Party Sites), you accept and agree that you assign and /or waive all ownership of and rights (including moral rights) in or to any intellectual property rights and other rights in the User Generated Material to Stivale Graffam. To the extent such transfer is not valid, you grant Stivale Graffam, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.
You acknowledge and agree that you shall have no claim against Stivale Graffam or any other party should any User Generated Material created, posted or sent by you be used in the above sense by Stivale Graffam or any part of its group.
You warrant that:
you own or are otherwise entitled to any and all rights in any User Generated Material;
any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights; any User Generated Material is original and is not copied in whole or in part from any third party; any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and
you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material (including but not limited to comments, forum posts, public messages, reviews, ratings, and user resume) submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.
You agree that Stivale Graffam: does not, and has no obligation to, review the User Generated Material;
is not in any manner responsible for User Generated Material; does not guarantee the accuracy, integrity or quality of User Generated Material; and cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.
Notwithstanding the foregoing, Stivale Graffam reserves the right to moderate all User Generated Material, and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. Stivale Graffam is under no obligation to inform you of the reasons for such intervention.
SECTION 10 – PERSONAL INFORMATION
We reserve the right, and you authorize us, to use any and all information related to your use of and/or interaction with the Site, as well as any information provided by you in any manner consistent with our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
There may be certain orders that we're unable to accept and/or must cancel. We can in our Discretion: refuse or cancel any order for any reason or no reason, provided that such refusal or cancellation is not based on race, gender, religion, or any other protected characteristic including but not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department; and, limit the quantity of items purchased per Person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card and also to orders that use the same billing and/or shipping address. We'll provide notification to you should such limits be applied.
We may also require additional verifications or information before accepting any order. We'll contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
We don't sell products for children, but do sell them to adults who can purchase with a credit card. If you are under 18, you may use the Site only with approval and involvement of a parent or legal guardian. If you are under 18 and use the Site, we are relying on the fact that you're doing so with the approval and involvement or a parent or legal guardian.
SECTION 12 – PROHIBITED USES
We and our affiliates have a strict, zero-tolerance policy regarding the use of our copyrights, Trademarks and patents. Without limitation, we consider use of our Trademarks and/or patents in page text, metatags, metatag keywords and/or hidden text including without limitation, for purposes of gaining higher rankings from search engines, trademark infringement and/or unfair competition. Linking to any page on the Site is prohibited without our Approval. Framing, inline linking or other association of the Site or its or its suppliers software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or any other information not originating from the Site is prohibited.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND CONTENT ACCURACY
YOUR USE OF THE SITE IS AT YOUR RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALL INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND 'AS AVAILABLE", WITHOUT ANY WARRANTIES AKN. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED SITE ACCESS, FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZED SETTINGS; WARRANTIES ARRISING OUT OF COURSE OF DEALING, USAGE OR TRADE; WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT; AND, WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, LEGALITY OR USEFULNESS OF ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE SITE.
ANY AND ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE MANUFACTURERS, DISTRIBTORS AND/OR SUPPLIERS OF SUCH PRODUCTS IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE. WE'RE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CLAIMS AND GUARANTEES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE INCLUDING BUT NOT LIMITED TO: THOSE RELATED TO PRODUCT DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR; PRODUCT MISUSE OR ABUSE; AND, IMPROPER PRODUCT SELECTION.
THE INFORMATION CONTAINED IN INGREDIENT, NATURAL, PROCESSES AND FAQS PAGES OF THE SITE FOR SOME OF OUR PRODUCTS MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS AND NATURAL PROCESSES OF DIFFERENT TYPES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION.
SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT ISN'T INTENDED AS MEDICAL ADVICE FOR ANY INDIVIDUAL CONDITIONS OR TREATMENT, ISN'T A SUBSTITUTE FOR MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. WE RECOMMEND SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
THE LIMITATIONS IN THIS PARAGRAPH 14 DON'T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
SECTION 14 – INDEMNIFICATION
You will indemnify, defend, and hold Stivale Graffam and its partners, affiliates, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses, and expenses arising directly or indirectly from your acts or your failure to act when using the Service.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - COPYRIGHT AND DMCA POLICY
Our Site and its content is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded, or otherwise used except as provided in these Terms without the express written permission of Stivale Graffam.
All Stivale Graffam trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated in large print, with trademark symbols, or in any other fashion, are trademarks and intellectual property of Stivale Graffam or other owners who have given Stivale Graffam the right to use their intellectual property. Any unauthorized use of the trademarks or any other intellectual property of Stivale Graffam is expressly prohibited.
Stivale Graffam doesn't permit intellectual property infringing activities on the Site. We may remove in our Discretion any and all materials including but not limited to, User Communications (individually and collectively "Materials") if we're properly informed that any Materials infringe a third party's intellectual property rights including but not limited to, copyright rights. We can terminate the ability of a Site user to access or otherwise use the Site or to submit Materials if, under appropriate circumstances, it's determined that such user is submitting Materials that infringe another Person's copyright or other intellectual property rights.
If you're a copyright owner or an authorized agent for that owner and believe that any Materials posted on the Site by third parties infringes on your copyrights, you may notify MH by providing all the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed and the month, day, year, city, state, province and/or country where its signed;
- identification of one or more URL locations where the original or an authorized copy of the copyrighted work exists;
- a description of the infringing activity and identification of the Materials that is claimed to be infringing, the email address, website, URL, WHOIS data and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;
- information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and if available, an email address;
- a statement that you have a good faith belief that use of the Material in the manner you complain of is not authorized by the copyright owner, its agent or the law; and
- a statement that you swear under penalty of perjury that the information in your notification is accurate and that you are either the owner of or authorized to act on behalf of the owner of, an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
By Email:
If you fail to comply with all of the requirements above, your notice may not be valid.
A notice to us of alleged infringement of any other type of intellectual property should be done as above.
SECTION 17 – TERMINATION
These Terms will remain in full force and effect while you use the Site unless stated otherwise in these Terms. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Stivale Graffam will not have any liability whatsoever to you for any termination of your rights or Account.
Disclosures. If you are a California resident, you may report complaints related to your Account or Service termination to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Stivale Graffam use electronic means, whether you use the Site or send us emails, or whether Stivale Graffam posts notices on the Site or communicates with you via email.
For contractual purposes, you:
- consent to receive communications from Stivale Graffam in an electronic form; and
- agree that all terms and conditions, agreements, notices, disclosures, and other communications that Stivale Graffam provides to you electronically will satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
SECTION 18 – ENTIRE AGREEMENT AND DISCLAIMER
These Terms of Service are governed by the laws of the State of New Jersey as they apply to agreements between New Jersy residents entered into and to be performed entirely within New Jersey, regardless of New Jersey's or any other state's or jurisdiction's conflict of law rules. In the event that any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be contrary to law, they're severed from these Terms of Service and all remaining provisions continue in full force and effect.
Any and all Claims between you and us arising out of, connected with, or related to these Terms of Service shall be brought for exclusive adjudication in our Discretion either: in the Federal or State Courts located in New Jersey, or for binding arbitration before a sole arbitrator by JAMS or another alternative dispute resolution entity of our Discretion ("AE") located in New Jersey, subject to the rules of that AE as of the date of such Claim's submission to that AE and further subject to the New Jersey Code of Civil Procedure sections relating to arbitration or alternative dispute resolution, as applicable. If submitted to an AE, you and we shall each choose an arbitrator from the AE's list within thirty (30) days after submission of the Claim to the AE. The two (2) chosen arbitrators shall then together choose the sole arbitrator as soon thereafter as practicable. Should either you or we fail to choose an arbitrator within the thirty (30) days, then the other party has the sole right to choose the sole arbitrator. Judgment upon any award by the arbitrator may be entered in any New Jersey court having jurisdiction of it. This arbitration provision remains in full force and effect notwithstanding the nature of any Claim or defense to it. You and we both waive any claim that the courts or an AE in New Jersey doesn't have jurisdiction or are an inconvenient forum. Any legal process in a Claim may, in addition to personal service, be served by a party as provided for in paragraph 21 below and has the same force and effect as personal service within New Jersey. In the event of any Claim, the prevailing party shall be awarded its reasonable attorneys' fees and all costs from the non-prevailing party. The court or arbitrator, as applicable, shall determine who the prevailing party is, whether or not the Claim proceeds to final adjudication.
The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed by you and us. Nothing in this paragraph 18 is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance isn't a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us.
A printed version of the current version of these Terms of Service is admissible in any proceedings based upon or relating to these Terms of Service, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SECTION 20 – CHANGES TO TERMS OF SERVICE
These Terms of Service may be revised in our Discretion at any time and from time to time by updating them here. You should visit this page from time to time to review the then-current Terms of Service because they are a legally binding between you and us. You can tell when these Terms of Service were last updated by the "Effective Date" at the top of these Terms of Service. Certain provisions of these Terms of Service may be superseded by legal notices or terms located on other pages of this Site. Your continued use of the Site after any changes to these Terms of Service are posted, is your unconditional acceptance of all of those changes.
SECTION 21 – TRANSFER OF RIGHTS
We may transfer our rights and obligations under these Terms and Conditions to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
SECTION 22 – DAMAGE TO COMPUTER
Stivale Graffam makes every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. Stivale Graffam will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at .
