Terms of Service
Stature Website Terms of Service
Welcome to the Stature NYC website, staturenyc.com (the “Website”), owned and operated by Stature NYC LLC (“Stature”, “we”, or “us”). These terms and conditions (these “Terms”) govern the Website and any Stature services, applications, products, and content available on or through the Website or any other third party platform, e.g. social media networks (all together, the “Site”). Stature may, from time to time, make changes to the Site or these Terms. Changes to the Terms will be posted here. By using the Site, you agree to follow and be bound by these Terms (including any changes), so please take the time to read the Terms carefully. Your access to and use of the Site is subject to your compliance with these Terms. If we determine, in our sole discretion, that you have violated these Terms, we may prohibit you from accessing or using the Site.
1. SITE MATERIALS; PERMITTED USES
2. PROHIBITED USES
The Site may only be used for your lawful personal, noncommercial use. You may not submit any information to the Site, or use the Site to engage in, any conduct that is false, misleading, or that may expose you, Stature, or others to civil or criminal liability.
4. INTELLECTUAL PROPERTY
The Site contains trademarks, trade names, and service marks (collectively, “Marks”) of Stature and other companies. Unless otherwise noted, Stature (or the applicable company) is the owner or authorized user of its Marks. Stature’s Marks, trade dress, designs, product descriptions, images, copyrights or other intellectual property rights, and all other Site Materials not owned by or used under third party permission (all together, “Stature IP”) are the sole and exclusive property of Stature. By using the Site, you agree not to use or display any Stature IP in any way without our prior written permission. Nothing on the Site or in these Terms grants any license or right to use any Stature IP without that permission.
While we take care to provide accurate and up-to-date information on the Site, unintentional technical or factual or typographic errors may occur. Product colors may differ from the images displayed on your screen. We cannot guarantee that all products will be available even if not marked “sold-out” on the Site.
We provide the Site on an “as-is” and “as available” basis. You use the site at your own risk and assume all responsibility for your use of the Site. Stature expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Stature makes no representations or warranties: that the Site or services will be uninterrupted or error free; concerning any information you or another user submits to the Site; that Stature will continue supporting any particular feature of the Site; or concerning any site our resource not operated by Stature, even if linked to or recommended by Stature.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) Stature will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Stature’s total liability to you will not exceed the total amounts paid by you to Stature over the preceding six months.
You agree to indemnify and defend Stature and its directors, officers, employees, and agents from and against any third party claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Site, a violation of these Terms.
8. GENERAL TERMS
These Terms will be governed by the laws of the State of New York, without regard for its conflict of laws principles. The state or federal courts of Kings County, New York will have exclusive jurisdiction over any action arising out of or in connection with these Terms or your use of the Site and you consent to that jurisdiction. You and Stature irrevocably waive any right to a trial by jury.
Headings are for convenience only and will not be used to interpret these Terms. If any provision of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Stature to exercise any right under these Terms will waive any further exercise of that right.
Stature’s rights and remedies hereunder are cumulative and not exclusive.
These Terms are binding on and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms without Stature’s prior written consent. No third parties will have any rights hereunder.
For service-related inquiries, you may contact us here. Legal or similar notices can be sent to Stature at firstname.lastname@example.org or the following:
115 S Oxford St, #514
Brooklyn, NY 11217
These Terms incorporate the following documents by reference:
Shipping and Return Policy
These Terms constitute the entire agreement between you and Stature regarding the subject matter hereof and supersedes any prior agreement or understanding regarding the same.