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Adaptive Clothing | Adaptive Apparel | Legal Cooper Martin, LLC ("Cooper Martin", "we", "our", "us") - an adaptive apparel company - and its group companies respect the privacy rights of its online visitors ("you", "your", "yours") and recognize the importance of protecting the information collected about them. We have adopted a corporate wide Privacy Policy that guides how we collect, store and use the information that you provide us with.
Please note that this policy applies to Cooper Martin and/or its subsidiaries, but not to websites maintained by other companies or organizations to which we link. Cooper Martin is not responsible for any personal information you submit to third parties via our website. Please ensure that you read the Privacy Policy and Terms and Conditions of such other companies or organizations before submitting your details. Furthermore, from time to time, Cooper Martin may employ third party business partners to collect personal information on Cooper Martin's behalf. In such cases, these third parties will be subject to confidentiality agreements and instructed by Cooper Martin to comply fully with the Cooper Martin Privacy Policy as set forth herein. Cooper Martin, LLC's ("CM") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). By visiting www.cooper-martin.com, you are accepting and consenting to the practices described in the TOS.
We may modify the TOS from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
REGISTRATIONFor those persons wishing to use our services and/or purchase our products, they must read and agree to be bound by our policies relating to those services and/or products. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. To access any of these policies, simply click on the appropriate link on the left hand side of the Help page. If you are under 18 years of age, you must let your parent or guardian know about Cooper Martin's Privacy Policy before you register to use this Site or any of the Site's services. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information aout yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address: customercare@cooper-martin.com. You may also want to view our Privacy Policy.
ELIGIBILITY TO PURCHASENO UNAUTHORIZED COPYING OR DISTRIBUTION The purchase of merchandise through Cooper Martin is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with United States law.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, email address and other requested informaiton as indicated. Furthermore, when ordering items, customers will be required to procide payment details and the customer represents and warrants that the payment details providing upon ordering are both valid and correct and confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and other who meet the Cooper Martin terms of eligibility, who have been issued a valid credit card by a bank acceptable to Cooper Martin, whose applications are acceptable to Cooper Martin and who have authorized Cooper Martin to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Cooper Martin reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. Moreover, by making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where Cooper Martin feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions. ORDERS All orders are subject to acceptance and availability. Cooper Martin offers products for sale that are in stock and available for shipping from our distribution center. Occasionally, however, we may be waiting for shipments of inventory from our factories in the United States. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make a Pre-Order. This will ensure that you receive this item in priority once stock has been delivered to Cooper Martin. Your rights regarding Pre-Orders are the same as those for any other purchase at Cooper Martin; alternatively you may simply choose to register your email address for notification of arrival of the selected merchandise currently not in stock. Items received into stock may be pre-allocated to satisfy Pre-Order items and customers making Pre-Orders will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Pre-Order merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email, let you know when we anticipate the next inventory shipment, and if you do not wish to stay on the Pre-Order list will refund the Advance Payment to your credit card within thirty (30) days of being advised that this particular inventory shipment has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please note that on occasion certain products that are in particularly high demand will sell out during this period. Prices shown on the site are in United States Dollars (USD) and are exclusive of all applicable taxes, duties and customs, as applicable based upon the country to which you are shipping. All prices and offers remain valid as advertised from time to time. The USD price of a product displayed on the website at the time the order is accepted will be honored. If you are buying from outside the United States, you will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. The final price for overseas customers and those customers outside of the United States will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction. ACCEPTANCE OF YOUR ORDER Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order. Unless you cancel your order, acceptance of your order and completion of the contract between you and Cooper Martin will be perfected when we ship the goods to you. The sale contract is therefore concluded in Colorado, United States and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out above. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. PAYMENT Payment can be made by Visa, MasterCard, and American Express cards. Payment for International Orders can only be made by Paypal at this time. Payment will be debited and cleared from your account upon receipt of your order by Cooper Martin. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Cooper Martin, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using www.authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions. To help ensure that your shopping experience is safe, simple and secure Cooper Martin uses Secure Socket Layer (SSL) technology. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site. INSURANCE Cooper Martin insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you. TRACKING YOUR ORDER You can check the current status of your shipment by signing into your account and selecting Order Status. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you. INTELLECTUAL PROPERTIES RIGHTS You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and amterial rights relating to the Content as herein described, including Cooper Martin Software and all HTML and other code contained in this Site, shall remain at all times vested in Cooper Martin and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Cooper Martin and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. CONTENT In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Cooper Martin tries to ensure that the information on this site is accurate and complete. Cooper Martin does not warrant or represent that Cooper Martin's Content is accurate, error-free or reliable or that your use of Cooper Martin's Content will not infringe rights of third parties. Your use of Cooper Martin's website is at your own risk. Cooepr Martin does not warrant that the functional aspects of the Website or Cooper Martin's Content will be error free or that this Website, Cooper Martin Content or the server that makes it available are free of viruses or other harmful components. If your use of this Website, or Cooper Martin's Content results in the need for servicing or replacing property, material, equipment or data, Cooper Martin is not responsible for those costs. Without limiting the foregoing, everything on the Website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NONINFRINGEMENT. Cooper Martin and its suppliers, manufacturers and contractors make no warranties about Cooper Martin's Content, software text, downloads, graphics, and links, or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Cooper Martin reserves the right to withdraw, temporarily or permanently, and Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Cooper Martin is not liable to you or any third party for any such withdrawal. COPYRIGHT All content included in the Site, such as text, graphics, logos, images, and software, is the property of cooper-martin.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Cooper Martin and protected by U.S. and international copyright laws. All software used on the Site is the property of cooper-martin.com or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited. TRADEMARKS All trademarks, logos, service marks and trade names are proprietary to www.cooper-martin.com, Cooper Martin, LLC, CN Coop Enterprises, LLC or other respective owners that have granted the Site the right and license to use such intellectual property. NO COMMERCIAL USE This Site is for your personal, non-commercial use only. Yo may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation on your own Site. YOUR ACTIVITY You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final. THIRD PARTY We may include hyperlinks on this Site to other websites or resources operated by parties other than Cooper Martin, including advertisers. Cooper Martin has not reviewed all of the sites linked to its Website and it not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not enforce and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available form such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. GENERAL While Cooper Martin will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under United States law. You acknowledge that we cannot guarantee and therefore shall not be in any way resonsible for the security or privacy of this Site and any information provided to or taken from this Site by you. You agree that, except for the death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS. INDEMNIFICATION At our request, you agree fully to defend, indemnify and hold harmless Cooper Martin immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising our of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. OUR RELATIONSHIP You acknowledge and agree that no join venture, partnership, employment, or agency relationship exists between you and Cooper Martin as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Cooper Martin, and we shall not be liable for any representation, act, or omission on your part. ENTIRE AGREEMENT The TOS (as amended from time to time) constitutes the entire agreement between you and Cooper Martin regarding your use of this Site and supercedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Cooper Martin in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in repsect of any fraudulent misrepresentation whether or not such has become a term of the TOS. NO WAIVER No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. GOVERNING LAW The TOS together with all our policies and procedures will be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States of America and you irrevocably submit to the exclusive jurisdiction of the court of the State of Colorado and the United States of America.
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