DISCLAIMER
Welcome to this Web site, which is owned and operated by Think Higher Clothing & Apparel and/or Think Highers subsidiary, affiliate or related company (throughout these Terms of Use ‘Think Higher’ refers collectively to Think Higher Clothing & Apparel and its subsidiaries, affiliates and related companies) (the ‘Site’). Think Higher Clothing & Apparel maintains the Site as a service to its visitors, subject to the following Terms and Conditions concerning the use of the Site (‘Terms of Use’). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Think Higher Clothing & Apparel reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.
Use of Content on the Site
You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Think Higher Clothing & Apparel without the express written consent of Think Higher Clothing & Apparel. You may not use any meta tags or any other ‘hidden text’ utilizing Think Higher Clothing & Apparel’s name or trademarks without the express written consent of Think Higher Clothing & Apparel. You may not use any Think Higher Clothing & Apparel logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Think Higher Clothing & Apparel.
Reviews, Comments, Communications, And Other Content
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant Think Higher Clothing & Apparel a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit, and that use of the content will not cause injury to any person or entity.
Products and Services Offered By Think Higher Clothing & Apparel on the Site
Think Higher Clothing & Apparel offers products and services on the Site. When you enroll to obtain a product or service from Think Higher Clothing & Apparel on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the Terms and Conditions in the agreement for that product or service. Except as provided in that agreement, Think Higher Clothing & Apparel does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free.
Copyright Information
The Site and the content within the Site are the property of Think Higher Clothing & Apparel or its suppliers and are protected by Australian copyright laws and international treaty provisions. The compilation, organization, and display of the content, as well as all software and inventions used on and in connection with this Site, are the exclusive property of Think Higher Clothing & Apparel. Think Higher Clothing & Apparel reserves all rights in the Site and its content not specifically granted in any agreements with Think Higher Clothing & Apparel or in the Terms of Use.
Privacy Statements
Because we respect your right to privacy, we have developed a Privacy Statement to inform you about our privacy practices. Please view the Privacy Policy applicable to the specific site you are reviewing.
Third-Party Web Sites and Information
The Site may provide hyperlinks to third-party Web sites or access to third-party content. Think Higher Clothing & Apparel does not control, endorse, or guarantee content found in such sites. You agree that Think Higher Clothing & Apparel is not responsible for any content, associated links, resources, or services associated with a third-party site. You further agree that Think Higher Clothing & Apparel shall not be liable for any loss or damage of any sort associated with your use of third-party content. Links and access to these sites are provided for your convenience only.
Disclaimer
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND Think Higher Clothing & Apparel, ALL CONTENT, SERVICES, PRODUCTS, AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Think Higher Clothing & Apparel AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY Think Higher Clothing & Apparel ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. Think Higher Clothing & Apparel DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND Think Higher Clothing & Apparel, Think Higher Clothing & Apparel, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Think Higher Clothing & Apparel, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO 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 MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to defend, indemnify, and hold harmless Think Higher Clothing & Apparel, employees, attorneys, and agents (‘Indemnities’) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply.
Applicable Laws
All matters relating to your access to and use of the Site shall be governed by Australian federal law or the laws of the States of where the specific Web site you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific Web site you are viewing is hosted.
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
Contact Information
If you have any questions regarding these Terms of Use, please click here to contact us.