TERMS AND CONDITIONS OF USE

Welcome to HeavyIronClothing.com. This website located at heavyironclothing.com (“this site”), is owned and operated by HEAVYIRON® Clothing Company LLC (collectively “heavyironclothing.com”, www.heavyironclothing.com”, “this site”,“ HEAVYIRON® Clothing Company LLC ” ). HEAVYIRON® Clothing Company LLC provides website features, products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by  HEAVYIRON® Clothing Company LLC , in connection with any of the foregoing. HEAVYIRON® Clothing Company LLC  provides its products and services subject to these Terms and Conditions of Use.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the these Terms and Conditions of Use and other applicable law. If you do not agree to these Terms and Conditions of Use, please do not use this site. By accessing or using this Site, mobile application or other HEAVYIRON® Clothing Company LLC  product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions of Use and any other applicable law, whether or not you are a registered member of HEAVYIRON® Clothing Company LLC . You must be at least 18 years old to use this Site and/or Services. HEAVYIRON® Clothing Company LLC may change these Terms and Conditions of Use at any time without notice to you. When we make changes, we will post them here. It is your sole responsibility to access these Terms and Conditions of Use, read, understand and agree to be bound by these Terms and Conditions of Use each visit.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The entire content included in this site, including but not limited to text, graphics, code and software used on or incorporated into this Site and/or any HEAVYIRON® Clothing Company LLC Service, and the arrangement or integration of all such content, graphics, code and software is copyrighted as a collective work under the United States and other copyright laws, and is the property of HEAVYIRON® Clothing Company LLC. The collective work includes works that is licensed to HEAVYIRON® Clothing Company LLC. HEAVYIRON® Clothing Company LLC is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on this site, and HEAVYIRON® Clothing Company LLC is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The HEAVYIRON® Clothing Company LLC  logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, registered or unregistered trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Intellectual Property”) are owned or licensed by HEAVYIRON® Clothing Company LLC and may be registered in the United States and internationally. You agree not to display or use HEAVYIRON® Clothing Company LLC Intellectual Property in any manner without HEAVYIRON® Clothing Company LLC ’ prior written permission. Nothing contained on this Site or in any of the HEAVYIRON® Clothing Company LLC services should be construed to grant any license or right to use any HEAVYIRON® Clothing Company LLC ’s Intellectual Property without the prior written consent of HEAVYIRON® Clothing Company LLC. You may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the content of this site is strictly prohibited, except as otherwise approved by HEAVYIRON® Clothing Company LLC. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HEAVYIRON® Clothing Company LLC or purchasing HEAVYIRON® Clothing Company LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HEAVYIRON® Clothing Company LLC or to purchase HEAVYIRON® Clothing Company LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HEAVYIRON® Clothing Company LLC . You further agree not to change or delete any proprietary notices from materials downloaded from the site.

WARRANTY DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HEAVYIRON® Clothing Company LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HEAVYIRON® Clothing Company LLC  does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HEAVYIRON® Clothing Company LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SERVICES AND THE PRODUCTS OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEAVYIRON CLOTHING COMPANY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HEAVYIRON® CLOTHING COMPANY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE HEAVYIRON® CLOTHING COMPANY LLC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE HEAVYIRON® CLOTHING COMPANY LLC SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

HEAVYIRON® CLOTHING COMPANY LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE HEAVYIRON® CLOTHING COMPANY LLC SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HEAVYIRON® CLOTHING COMPANY LLC, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF HEAVYIRON® CLOTHING COMPANY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HEAVYIRON® CLOTHING COMPANY LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR HEAVYIRON® CLOTHING COMPANY LLC SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. HEAVYIRON® CLOTHING COMPANY LLC SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR HEAVYIRON® CLOTHING COMPANY LLC SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE AND/OR HEAVYIRON® CLOTHING COMPANY LLC SERVICES. IF A PRODUCT OFFERED THROUGH THE THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS AND CONDITIONS OF USE.

HEAVYIRON® Clothing Company LLC makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this site. Hyperlinks are included solely for your convenience, and HEAVYIRON® Clothing Company LLC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. HEAVYIRON® Clothing Company LLC  does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through this site.

INDEMNITY AND RELEASE
You agree to indemnify and hold HEAVYIRON® Clothing Company LLC and its parent company, subsidiaries, affiliates, officers, members, owners, agents, ambassadors, athletes, independant contractors and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this site or HEAVYIRON® Clothing Company LLC services by you or any other person accessing this site using your Account; (b) the use of, or connection to, this site or HEAVYIRON® Clothing Company LLC services by you or any other person accessing this site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms and Conditions of Use.

LIMITATION OF LIABILITY
HEAVYIRON® Clothing Company LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HEAVYIRON® Clothing Company LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

PRODUCT INFORMATION AND TYPOGRAPHICAL ERRORS
In the event that a HEAVYIRON® Clothing Company LLC product or products are mistakenly listed at an incorrect price(s), Heavy Iron Clothing Company LLC reserves the right to refuse or cancel any orders placed for product(s) listed at the incorrect price(s). HEAVYIRON® Clothing Company LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HEAVYIRON® Clothing Company LLC shall issue a credit to your credit card account in the amount of the incorrect price. Prices, descriptions SKU’s and availability of products are subject to change without notice to you, whether or not you are a registered user, customer or member. Errors may be corrected when discovered, and HEAVYIRON® Clothing Company LLC reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although HEAVYIRON® Clothing Company LLC has made every effort to display our products and their colors and sizes as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and HEAVYIRON® Clothing Company LLC cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change without notice to you, whether or not you are a registered user, customer or member. HEAVYIRON® Clothing Company LLC is not responsible for typographical errors regarding price or any other matter.

PURCHASE CANCELLATIONS
All orders placed through this site or through any HEAVYIRON® Clothing Company LLC services, are subject to HEAVYIRON® Clothing Company LLC ’ acceptance. This means that HEAVYIRON® Clothing Company LLC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, HEAVYIRON® Clothing Company LLC will issue you a refund.

TERMS AND CONDITIONS OF USE TERMINATION
These Terms and Conditions of Use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms and Conditions of Use, or any part of them, may be terminated by HEAVYIRON® Clothing Company LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnity and Release, and Miscellaneous, shall survive any termination.

NOTICE
HEAVYIRON® Clothing Company LLC may deliver notices to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HEAVYIRON® Clothing Company LLC.

MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of New Mexico, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HEAVYIRON® Clothing Company LLC  products) shall be in the state or federal courts located in Cibola County, New Mexico, USA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Heavy Iron Clothing Company LLC products) must be commenced within one (1) year after the claim or cause of action arises. HEAVYIRON® Clothing Company LLC ‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HEAVYIRON® Clothing Company LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree that no joint partnership, venture, employment, or agency relationship exists between you and HEAVYIRON® Clothing Company LLC as a result of this Agreement or your use of this site or HEAVYIRON® Clothing Company LLC services.

USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HEAVYIRON® Clothing Company LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER
HEAVYIRON® Clothing Company LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HEAVYIRON® Clothing Company LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HEAVYIRON® Clothing Company LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HEAVYIRON® Clothing Company LLC  in its sole discretion.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, HEAVYIRON® Clothing Company LLC may link to sites operated by third parties. However, even if the third party is affiliated with HEAVYIRON® Clothing Company LLC, HEAVYIRON® Clothing Company LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HEAVYIRON® Clothing Company LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HEAVYIRON® Clothing Company LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). HEAVYIRON® Clothing Company LLC makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked to from this site. Hyperlinks are included solely for your convenience, and HEAVYIRON® Clothing Company LLC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. HEAVYIRON® Clothing Company LLC does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through this site.

SALES TAX
HEAVYIRON® Clothing Company LLC is required by law to collect sales tax on orders shipped to New Mexico, California, South Carolina, Louisiana, Nevada, Texas, North Carolina, Georgia, Florida and Arkansas. If your order is purchased from or shipping to any of these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. HEAVYIRON® Clothing Company LLC reserves the right to collect sales tax in any other jurisdictions if HEAVYIRON® Clothing Company LLC believes that such collection is required by law.

PAYMENT INFORMATION
To make purchases through this site you must submit credit card information. You represent and warrant to HEAVYIRON® Clothing Company LLC  that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize HEAVYIRON® Clothing Company LLC to use any updated credit card information submitted by your credit card company directly to HEAVYIRON® Clothing Company LLC. If you dispute any charges, you must inform HEAVYIRON® Clothing Company LLC within thirty (30) days upon receipt of HEAVYIRON® Clothing Company LLC ’ invoice. We reserve the right to change prices, fees or product SKU’s required to purchase items. Your continued use of this site and/or HEAVYIRON® Clothing Company LLC services after the price change becomes effective constitutes your agreement to pay the changed amount.

ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of this site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. HEAVYIRON® Clothing Company LLC  shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of this site is in compliance with these Terms and Conditions of Use. You further acknowledge and accept that HEAVYIRON® Clothing Company LLC shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in, sign-in to this Site or any HEAVYIRON® Clothing Company LLC Services, which is defined as a matching and current member sign-in, log-in and user password. You shall notify HEAVYIRON® Clothing Company LLC immediately of any unauthorized access to your Account or any other unauthorized use of this site or HEAVYIRON® Clothing Company LLC Services.

You agree that HEAVYIRON® Clothing Company LLC may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms and Conditions of Use; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which HEAVYIRON® Clothing Company LLC believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the HEAVYIRON® Clothing Company LLC ’ sole discretion and that HEAVYIRON® Clothing Company LLC shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.