TERMS AND CONDITIONS
These Terms of Use describe the terms and conditions applicable to your use of any and all websites operated by or for STILLWATER or its Affiliates. In addition, these Terms of Use provide important information regarding STILLWATER intellectual property rights, STILLWATER products, STILLWATER shows, STILLWATER Accounts, and other information relating to the products and services provided by STILLWATER.
STILLWATER may at any time revise or modify this Agreement or impose new conditions of use for this website. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the website or by e-mail. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, revisions, or modifications. STILLWATER may modify its products or services at any time.
THIS WEBSITE DOES NOT CONTAIN PROFESSIONAL SERVICES ADVICE IN RELATION TO ANY STILLWATER PRODUCT.
The content on this website is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully. STILLWATER is not engaged in rendering professional services or advice via this website, and the information provided is not intended to replace professional advice.
Scope of Use
STILLWATER invites you to view, use and download a single copy of this website for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of STILLWATER. You understand that STILLWATER may discontinue, change, or restrict your use of this website for any reason without notice.
No Warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. STILLWATER MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. STILLWATER MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. STILLWATER SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF STILLWATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
Indemnification
If you violate any of these Terms of Use or if you misuse this website, you agree to defend, indemnify and hold harmless STILLWATER, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys' fees that arise out of or are related to your violation or misuse.
User Submissions
Certain areas of this website enable you to submit e-mails, or otherwise provide feedback or information to STILLWATER.
You agree that by submitting content:
you will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
you understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential; and
you grant to STILLWATER the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with this User Agreement, and waive any moral rights you may have in such content. Subject to all applicable federal laws, STILLWATER shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.
Information, News and Press Releases
The website may contain information, news and/or press releases about STILLWATER. While this information was believed to be accurate as of the date it was prepared, STILLWATER disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than STILLWATER contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by STILLWATER.
Any use of STILLWATER's names and trademarks in any press release without the written consent of STILLWATER is strictly prohibited.
Links
This STILLWATER website may contain links to websites operated by other parties. The linked sites are not under the control of STILLWATER, and STILLWATER is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply STILLWATER's endorsement of material on any other site and STILLWATER disclaims all liability with regard to your access to such linked websites. STILLWATER provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.
Unless otherwise set forth in a written agreement between you and STILLWATER, you must adhere to STILLWATER's linking policy as follows: (i) any link to the website must be a text only link clearly marked "STILLWATER Website" (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with STILLWATER's names and trademarks, (iii) the link must "point" to one of the specific URLs listed below:
www.STILLWATERmalibu.com
and not to other pages within the website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with STILLWATER, (v) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website, and (vi) STILLWATER reserves the right to revoke its consent to the link at any time and in its sole discretion.
Violations and Additional Policies
STILLWATER reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the website.
Use of Information
STILLWATER reserves the right, and you authorize STILLWATER, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with this User Agreement and applicable federal law.
STILLWATER® Intellectual Property
Trademarks
All STILLWATER trademarks are the exclusive property of STILLWATER. Unauthorized use of any STILLWATER trademark, service mark, or logo may be a violation of federal and state trademark laws, including but not limited to, dilution of STILLWATER's trademarks, any and all violations of applicable provisions of the Lanham Act, Trademark Counterfeiting Act, any and all violations of any State or Federal law as well as any equitable remedies. STILLWATER does not waive its right to any remedy.
The importance of creating, preserving, and enhancing the goodwill of STILLWATER's products and designs are an important consideration for STILLWATER. To ensure that all STILLWATER products and designs retain the commercial identity and superior quality attached to the STILLWATER origin the following trademarks are shown as identification of exclusive ownership and to place users of this website on actual notice of STILLWATER's trademarks.
STILLWATER®
Copyright
This website is protected by United States' and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the website, or individual sections of the design or layout of the website or STILLWATER logos or trademarks without STILLWATER's written permission.
STILLWATER® Products
Our goal is to provide our customers with the highest level of quality STILLWATER products and service.
The importance of creating, preserving, and enhancing the goodwill of our products and designs is an important consideration for us at STILLWATER. All STILLWATER products are made from the finest materials and are handmade in the United States of America using unique STILLWATER craftsmanship and design processes.
STILLWATER SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY STILLWATER PRODUCT, EVEN IF STILLWATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL STILLWATER PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
STILLWATER®
THIS IS AN AUTHENTIC STILLWATER HANDBAG. IT HAS BEEN CREATED USING THE FINEST QUALITY LEATHERS, FABRICS, AND STONES. OUR EXPERT CRAFTSMAN, ARTISANS, DESIGN AND OFFICE TEAM HAVE WORKED TOGETHER TO BRING YOU THEIR LOVE.
ALL STILLWATER BAGS ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
STILLWATER® Boots
ALL STILLWATER BOOTS ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
STILLWATER® Accessories
THIS IS AN AUTHENTIC STILLWATER ACCESSORY. IT HAS BEEN CREATED USING THE FINEST QUALITY LEATHERS, FABRICS, AND STONES. OUR EXPERT CRAFTSMAN, ARTISANS, DESIGN AND OFFICE TEAM HAVE WORKED TOGETHER TO BRING YOU THEIR LOVE.
ALL STILLWATER ACCESSORIES ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
STILLWATER® Shows
The content on this website regarding venues in which STILLWATER products will be available to the public is intended to be a general information resource. STILLWATER reserves the right to update, modify, cancel, or otherwise change the schedule without any prior notice.
STILLWATER® Account Information
If you are interested in opening an account with STILLWATER, please retrieve our Account Application Form by emailing sales@STILLWATERmalibu.com.
By applying for a STILLWATER Account Applicant hereby agrees that the information on the Account Application Form is true and that any willful or knowingly false information may result in cancellation of the STILLWATER account.
In addition, Applicant agrees, absent a superseding Agreement between Applicant and STILLWATER, to adhere to the STILLWATER Territory Policy (See below). Applicant understands that failure to abide by any provision of the STILLWATER Territory Policy may result in cancellation of the STILLWATER Account.
In an effort to increase and maintain the goodwill of STILLWATER products and designs STILLWATER expressly reserves the right to refuse a STILLWATER Account Application on the basis that it will violate the STILLWATER Territory Policy or it will diminish, dilute, or otherwise lessen the goodwill of any STILLWATER product.
STILLWATER® Territory Policy
This Territory Policy is provided to avoid complications and confusion surrounding the issues of exclusivity and overlapping of STILLWATER products to our retail customers.
The following criteria are applied to promote the goodwill of the STILLWATER name and to ensure that the STILLWATER brand is represented by stores that most resemble the branded image of STILLWATER within a geographic location. Account applications must be complete and accurate in order to determine account status. To open an account, please see the Account Application Form.
Territory criteria:
1. Three-mile radius policy. STILLWATER will not sell the same merchandise to another retail location within three (3) miles of an existing account in good standing.
All addresses listed where STILLWATER products will be sold or promoted must be disclosed.
The sale of STILLWATER merchandise via the Internet is strictly prohibited.
The use of the STILLWATER logo or any STILLWATER Trademarks without the written authorization of STILLWATER is strictly prohibited. Please see the Terms of Use for an overview of STILLWATER's intellectual property.
The use of the STILLWATER name, likeness, images, or trademarks for advertising or public disclosure without the written authorization of STILLWATER is strictly prohibited.
All authorized retailers must have a physical store front. Traveling shows are prohibited.
STILLWATER reserves the right to split the line within a territory if an account has "passed" on any part of the line.
A 4-month period of inactivity will cause territory to "open" to other retailers.
After a period of inactivity, a minimum order may be required. The amount will be determined by sales staff and is subject to change without notice. Terms of delivery automatically revert to COD.
Stores with multiple locations may be required to meet a minimum order amount per location.
No account is authorized to wholesale to another retailer.
Violation of any provision of the above Territory Policy or failure to provide accurate account information may result in the cancellation of pending orders and or closure of an account.
STILLWATER reserves the right to amend or modify the Territory Policy on a case-by-case basis to further promote the goodwill of the STILLWATER brand.
Location, Jurisdiction, Governing Law, and Arbitration
This website is operated by STILLWATER from its offices in California, USA. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. STILLWATER makes no representation that the information in the website is appropriate or available for use in other locations, and access to this website from territories where the content of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any controversy or claim arising under or related to this User Agreement or STILLWATER's products shall be settled by arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or STILLWATER may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect the rights or property of you or STILLWATER pending the completion of arbitration.
Questions
If you have any questions relating to this website or any STILLWATER products please send your question(s) in the form of an e-mail to hello@stillwaterthebrand.com
