TERMS & CONDITIONS IN SHORT

• By ordering any of our products, you agree to be bound by these terms & conditions.
• By placing an order at Mr. Davis, you warrant that you are at least 18 years old or have parents’ permission to buy from us.
• The price applicable is that set at the date on which you place your order.
• Events outside Mr. Davis’ control shall be considered force majeure.
• Shipping costs and payment fees are always shown to you before confirming your initial purchase.
• If you enroll in one of our VIP Programs, you agree that we may charge your card for future shipments. If you are making a standard non-VIP purchase, you are authorizing us to store your purchase information for future purchases, though we will never do so without your consent.
• We use the highest industry standards for secure communication and customer information storage.
• If you have any questions about these terms you can contact us.

GENERAL

This (“Site”) is made available to you (“you” or “End User”) subject to the terms and conditions that Mr. Davis Clothing Company (“we,” “our” or “Mr. Davis”) set forth herein. These Terms of Site Use set forth the terms and conditions that apply to the use of this Site by you. By using this Site (other than to read these Terms of Site Use, the Terms of Sale, and the Mr. Davis Privacy Policy), you are agreeing that you have read and agree to comply with and be bound by, these Terms of Site Use, the Terms of Sale, and the Mr. Davis Privacy Policy in their entirety without limitation or qualification. If you do not agree to these Terms of Site Use, the Terms of Sale, and the Mr. Davis Privacy Policy, do not utilize this Site.

The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Mr. Davis, and Mr. Davis shall not be responsible for any data lost while transmitting information on the Internet. While it is Mr. Davis’s objective to make this Site accessible 24 hours per day, 7 days per week, this Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Mr. Davis, access to this Site may be interrupted, suspended or terminated at any time, from time to time.

Mr. Davis shall have the right at any time to change or discontinue any aspect or feature on this Site, including, but not limited to, content, hours of availability and equipment needed for access or use, without notice. Further, Mr. Davis may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

We will not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site. We also reserve the right (but do not assume the obligation), in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to the Site at any time, for any or no reason, with or without prior notice, and without liability.We reserve the right at all times to discontinue or modify these Terms of Site Use, the Terms of Sale, and the Mr. Davis Privacy Policy in our sole discretion without prior notification to you. Any such modifications shall be effective immediately upon Mr. Davis’s posting thereof and any such use of the Site thereafter by you shall be deemed to constitute acceptance by you to such modifications.

PRICING AND OTHER TERMS

Prices and availability of the products listed on this Site are subject to change without notice. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price, and notify you of this occurrence.

REFERRAL PROGRAM

We currently offer you (and your friends) the opportunity to earn rewards by referring your friends to Mr. Davis through our Referral program (the “Referral Program”). To participate in the Referral Program, you will simply share your unique referral link. When users you refer click on your link, we are able to identify that you referred them using cookies, and we can credit your account with rewards if and when they make a purchase. We have a few basic rules for our Referral Program:

1. Don’t Spam: Only share your link where you are allowed to. Don’t use any form of bulk email or post in forums where such things are frowned upon. And don’t do anything illegal, except perhaps streaking at a major sporting event with your link on your back.
2. Try to be Targeted: If you think your friends or social media audience would be interested in Mr. Davis, then by all means, share your custom link with them, but if not, just share it with the few people you think will be most interested.
3. Don’t Try to Game the System: Referring friends and family because you think they’re interested in our products? No problem. Referring yourself by emailing yourself? Accumulating multiple referrals from small orders to game referral credits? These are not allowed. We have a generous referral program and we’d like to keep it that way. If we detect gaming of the referral program, we reserve the right to cancel the orders.

Mr. Davis reserves the right to change, modify and/or discontinue the Referral Program, in whole or in part, in its sole discretion, at any time and without notice. By using the Referral Program you agree to not engage in any illegal activity, including link hijacking or Spamming, in order to share your link. Though the rewards you earn may be denominated in dollars, they have no cash or exchange value and are only usable at www.mrdavis.com for future purchases. Any user who does not make a purchase on our site for one year may forfeit his or her rewards.

END USER CONDUCT

This Site is private property. All interactions on this must comply with these Terms of Site Use. Although we welcome and encourage user interaction, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. End Users shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in our exclusive discretion restricts or inhibits any other End User from using or enjoying this Site is strictly prohibited. End Users shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation.

End Users shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Mr. Davis does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Mr. Davis the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants Mr. Davis the rights to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of this Section apply equally to and are for the benefit of Mr. Davis, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

CONTENT MONITORING

Mr. Davis has the right, but not the obligation, to monitor the content of this Site at all times, including any chat rooms, comment sections and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Mr. Davis, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Mr. Davis shall have the right, but not the obligation, to remove any material that Mr. Davis, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

PRIVACY

The Mr. Davis Privacy Policy is hereby made a part of these Terms and Conditions. The Mr. Davis Privacy Policy is available at this link.

TERMS OF SALE

By using this site you agree, for the benefit of Mr. Davis and its subsidiaries (collectively “Mr. Davis”), to the terms and conditions set forth herein. If you do not agree to these terms and conditions, do not utilize this site

You are required to create an account in order to make a purchase. This is required so Mr. Davis can provide you with easy access to review your past purchases, modify your preferences, and so on. You are responsible for all activity occurring when the Site is accessed through your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site. It is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent. For information about Mr. Davis’s collection of personal information, please view Mr. Davis’s Privacy Policy.

Mr. Davis makes its best efforts to display its items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please email us at support@mrdavis.com and we will do what we can to make it right.

When you purchase one of our VIP Products you are authorizing us to charge you for future orders. Mr. Davis will send you a reminder email to let you know that an order is on its way, thus allowing you to delay your shipment (by clicking snooze) or to pause or cancel your membership.  You may cancel your VIP membership at any time by emailing support@mrdavis.com or by logging into your account and following the cancel prompts. You do not need to speak with anyone in order to cancel, and you will receive an email confirmation upon cancelation.

When you purchase an electronic gift card, your credit or debit card will be charged immediately. You may cancel your electronic gift card order within 14 days of purchase or until your electronic gift card has been delivered, whichever is sooner. You are solely responsible for ensuring the accuracy of your recipient’s email address.

When you receive an electronic gift card, we will attach a credit for the amount given to you to the email address specified by the purchaser. To use this credit, you must create an account with this email address. When you check out, this credit will be applied to the purchase amount. If the purchase amount is less than the amount of the credit, the remaining credit will remain in your account to be used against future purchases. If the amount of the credit is less than the purchase price, you will be required to provide another form of payment for the balance. Even if your credit exceeds the purchase price, we may require a charge of up to one dollar ($1) for security and for storage for future shipments. Though electronic gift credit does not expire, it has no cash or exchange value and may be used only at www.mrdavis.com. Any returns of purchases made with electronic gift credit will be provided in electronic gift credit.

Mr. Davis may use and promote services provided by outside third parties. Even if the third party is affiliated with Mr. Davis, user acknowledges that Mr. Davis does not control these services and can thus make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

DISCLAIMER OF WARRANTY

END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. NONE OF MR. DAVIS, ITS AFFILIATES, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, , OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE PROVIDED THROUGH THIS SITE.

THIS SITE  IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MR. DAVIS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MR. DAVIS, ITS AFFILIATES, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS SITE OR THESE TERMS OF SITE USE. MR. DAVIS IS NOT RESPONSIBLE FOR ANY CONTENT THAT ANOTHER END USER OR ANY UNAUTHORIZED USER MAY POST ON THIS SITE.

IN NO EVENT WILL MR. DAVIS’S LIABILITY IN CONNECTION WITH A VOUCHER PURCHASED HEREUNDER EXCEED THE AMOUNTS PAID FOR THE SPECIFIC VOUCHER GIVING RISE TO SUCH CLAIM.

YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE DISCLAIMERS AND LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE USE OF THE SITE. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION / RELEASE

You agree to defend, indemnify and hold harmless Mr. Davis, its affiliates and their respective directors, officers, members, managers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by You in connection with the Site.

In connection with the foregoing release, You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

MISCELLANEOUS

These Terms of Site Use, the Terms of Sale, and the Mr. Davis Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision hereof or thereof is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained herein or therein, respectively and the remaining portions thereof/hereof shall continue in full force and effect. The failure of either party to exercise any of its rights hereunder shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

By using the Site, you represent and warrant that you (i) are at least 18 years old, (ii) are of legal age to form a binding contract, (iii) have not been removed or suspended from the Site by Mr. Davis, and (iv) will only use the Site for purchases within the United States of America. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Site.

Mr. Davis reserves the right to make changes to this site and these disclaimers, terms and conditions at any time without notice.

If you have questions regarding this Agreement or wish to obtain additional information, please send an email inquiry to support@mrdavis.com