Welcome to www.capo-nata.com, a website of Capo-Nata Apparel, LLC

1. ACCEPTANCE OF THE TERMS OF USE

By using our web site (the “Web Site”), you are agreeing to comply with and be bound by the following terms of use, which may be updated from time to time without notice (collectively referred to hereinafter as the “Terms of Use”). The Terms of Use constitute a binding contract between you and Capo-Nata Apparel, LLC, its representatives, designees, licensees, and assigns (“Capo-Nata”, “we”, “us”, or “our”), regarding your use of the Web Site. If you do not agree with the Terms of Use, you may not access the Web Site and you must immediately exit.

2. AGE REQUIREMENTS

This Web Site is intended for individuals of legal age. If you are under the age of eighteen (18) years (or 21 if that is the age of majority in your State), then you must review the Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand all of the Terms of Use. By accessing this Web Site, you represent that you are of legal age to form a binding contract (or if you are not, that you have obtained the informed consent of your parent or legal guardian to your assent to the Terms of Use).

3. PERSONAL INFORMATION

When you purchase goods through this Web Site or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information and the information is yours and not anyone else’s.

4. WEB SITE INTELLECTUAL PROPERTY

The Web Site includes a combination of content created by us, or provided to us by a licensor. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with this Web Site, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) is owned or controlled by Capo-Nata and may not be used without permission.

5. REPRESENTATION AND WARRANTIES

We make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of the Content, when authorized, will not infringe rights of third parties. Third parties may provide some of the content available on this Web Site. We do not guarantee the accuracy, the integrity, or the quality of content provided by third parties. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, make any representation or warranty of any kind regarding this Web Site or the Content whatsoever. We make no warranty that this Web Site will meet your requirements, be uninterrupted, timely, secure or error free, or that this Web Site or the server that makes it available are free of viruses or other harmful components or destructive files. Unauthorized access to the Web Site is a breach of these Terms of Use and a violation of the law. You agree not to access the Web Site by any means other than through the interface that is provided by Capo-Nata for use in accessing the Web Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site.

6. DISCLAIMERS

We specifically disclaim any and all express or implied warranties regarding this web site or any content, services or products provided through or in connection with this web site, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this web site. We assume no responsibility, and are not liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, this web site or your downloading of any materials, data, text, images, video, or audio from this web site.

7. IMITATIONS ON DAMAGES

In no event shall Capo-Nata or any of its affiliates, employees, agents, content providers or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. You agree that we are not liable for any amount exceeding the amount paid by the customer for the particular items purchased.

8. INDEMNITY

You agree to indemnify, defend and hold harmless Capo-Nata and each of its respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.

9. FOREIGN ACCESS

This Web Site is controlled, operated and administered by us from our offices within the United States. We make no representation that the Content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Web Site or export the Content in violation of U.S. export laws and regulations. If you access this Web Site from a location outside the United States, you assume sole responsibility for compliance with all local laws.

10. RISK OF LOSS

Capo-Nata will arrange for shipment of ordered product(s) to you Free On Board (F.O.B.) origin, which means that ownership of the product(s) and risk of loss passes to you upon Capo-Nata’s delivery of the product(s) to the carrier. Capo-Nata will advise you of estimated shipping dates, but under no circumstances will Capo-Nata be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

11. ORDER CANCELLATION

You may request that an order be cancelled up to twenty-four hours after it has been placed by sending an email to sales@capo-nata.com with “cancellation” and the order number in the subject line. For all cancelled orders, you will receive a credit for the full amount to your credit/debit card in approximately 3-4 business days less any expenses incurred by www.capo-nata.com.

12. RETURN/EXCHANGE POLICY

All sales are final. In the event that a product is defective or not what you ordered, you may return the product in its original condition and we will replace the item for the same brand, style and color at no cost. To exchange a product, you must inform Capo-Nata of the product defect or order discrepancy within seven days from the invoice date by sending an email to sales@capo-nata.com with “return” and the order number in the subject line. You are solely responsible for shipping any returned product to Capo-Nata. You agree to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. You agree to bear all shipping and insurance charges and all risk of loss for the return product during shipment. You agree that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material and other accessories provided by the manufacturer or capo-nata.com. If any component of the returned product is missing, you will be deemed to have breached these Terms of Use and Capo-Nata may in its sole and absolute discretion reject the entire return or choose to impose additional charges against you for replacement of the missing component(s). Further, you agree that you will not attempt a charge back on credit card purchases until after first making use of the return/exchange policy herein. In the event that you do not comply with this provision, you will be deemed to have breached this agreement.

13. PRODUCT REVISIONS

Capo-Nata is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, capo-nata.com puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Capo-Nata relies on the manufacturer to communicate these differences. Presently, we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Capo-Nata will not be held responsible for product revision changes.

14. RESERVATION OF RIGHTS

We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Web Site, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.

15. COMMUNICATION

All communications with Capo-Nata should be e-mailed to: sales@capo-nata.com.

16. CHOICE OF LAW

Any dispute arising out of or related to these Terms of Use or any sales transaction between Capa Nata and you shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms of Use shall not be governed by the United Nations Convention on the International Sale of Goods.

17. CONSENT TO JURISDICTION AND FORUM SELECTION

The parties hereto agree that all actions or proceedings arising in connection with these Terms of Use shall be tried and litigated exclusively in the California Superior Court of Los Angeles County. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of these Terms of Use in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the California Superior Court of Los Angeles County shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms of Use. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in these Terms of Use. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

18. ARBITRATION

In its sole discretion, Capo-Nata may elect to resolve any controversy or claim arising out of or relating to these Terms of Use by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. 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 the County of Los Angeles, State of California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Capo-Nata may seek any interim or preliminary relief from the California Superior Court of Los Angeles County to protect their respective rights (or the rights of its agents, suppliers, and subcontractors), pending the completion of arbitration.

19. ATTORNEYS’ FEES AND COSTS

In the event of litigation or arbitration relating to the subject matter of these Terms of Use, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

20. NOTICE

In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us in writing at:

Capo-Nata Apparel, LLC860
S. Los Angeles
Suite #933
Los Angeles, Ca 90014

21. WAIVER

The failure of either party to require performance by the other party of any provision of these Terms of Use shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

22. ENTIRE AGREEMENT

These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and capo-nata.com govern your use of the Web Site and Content, superseding any prior agreements that you may have with us.

23. SEVERABILITY

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.