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Terms & Conditions

Online Privacy Policy

DefyanceClothing.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our Privacy Policy. By visiting DefyanceClothing.com, you are accepting the practices described in this Privacy Policy.

Collection of Personal Information

We will ask you when we need information that identifies you individually or allows us to contact you directly (personal information).

We may ask for personal information when you purchase a product, enter a contest, request a service, complete a survey, subscribe to news, or engage in some other activity on our site. In connection with these activities, we may ask you for contact information such as your name, telephone number, and email address.

When you visit our website, we collect standard information about your hardware and software such as your IP addresses, browser type, operating system, pages visited on our site, referring and exit pages, and the dates and times of the visits.

This site visitation data is used to administer the site and provide general statistics regarding the use of DefyanceClothing.com. Site visitation data is never linked to your personal information, and we do not use it to identify you individually without your permission.

Use of Personal Information

We will keep any and all information collected from you at this site strictly confidential and we will not sell, rent, trade, or otherwise share your personal information with third parties for their promotional use without your permission.

We will use the personal information you give us to fulfill the services and provide the products you request from us. This may include sending information that you have requested, or contacting you about products and services that you have purchased. If you do not opt-out of communications from Defyance Clothing, we may send you marketing notices including promotions of our products and services.

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of defyanceclothing.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

Security of the Information We Collect

We are committed to protecting the security of your personal information, and we use a range of technologies and procedures to protect your personal information. For example, we store personal information in a secure, limited access facility; sensitive information transmitted to us through our store (such as a credit card number) is encrypted for transmission using the Secure Socket Layer (SSL) protocol. The SSL encryption is designed to make the information unreadable by anyone but us.

Protection of Children's Privacy

DefyanceClothing.com is a general interest website, and we do not knowingly collect any personal information from children. DefyanceClothing.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use DefyanceClothing.com only with the involvement of a parent or guardian.

Privacy and Online Forums

Information you post in online forums on the site is accessible to other people who can access the forums and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

Use of Cookies and Clear gif Technology

When you visit our site, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of our website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. We do not correlate this information with data about individual users, nor do we share this information or sell it to any third party.

If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of our website.

We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our website. We may also use this technology to track the delivery of HTML email messages. This data is collected exclusively for use in our marketing and research.

Enforcement of this Statement

If you have questions about the guidelines described in this Policy, please email us directly at info@defyanceclothing.com.

Links to Other Websites

Our website may contain links to other websites. If you use these links, you will leave our website. When you access a non-Defyance website, even one that may contain the Defyance logos, please be aware that we do not control the content and we are not responsible for the privacy practices of that site and we encourage you to review the privacy policies of each site you use. This Privacy Policy does not cover the information practices of those websites linked to our website. These other sites may send their own cookies to users, collect data, or solicit personal information.

Changes to this Statement

We may from time to time update this Privacy Policy. When we make these updates, we will change the "last updated" date listed at the top of the Policy. If we make a material change to this Policy that affects our use of your personal information, we will update users by placing a more prominent notice on our home page.

Online Site Policies

Welcome to DefyanceClothing.com. Defyance provides their services to you subject to the following conditions. Please read the following terms and conditions carefully before using our site. If you do not agree to these terms and conditions, please do not use our site.

Electronic Communications

When you visit Defyance or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Children Under the Age of 18

Defyance does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at DefyanceClothing.com only with involvement of a parent or guardian. Defyance and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

The Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works);
(c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website;
(d) The name, address, telephone number and email address (if available) of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to info@defyanceclothing.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Defyance or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Defyance and protected by U.S. and international copyright laws. All software used on this site is the property of Defyance or its software suppliers and protected by United States and international copyright laws. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Defyance. 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 Defyance and our affiliates without express written consent. You may not use any meta tags or any other "hiddentext" utilizing Defyance's name or trademarks without the express written consent of Defyance.

Trademarks DEFYANCE and other marks indicated on our site are registered trademarks of Brazilian Ventures, LLC d.b.a. Defyance in the United States and other countries. Defyance graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Brazilian Ventures, LLC d.b.a. Defyance. Defyances's trademarks and trade dress may not be used in connection with any product or service that is not Defyance's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Defyance. All other trademarks not owned by Defyance that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Defyance.

Indemnification

You agree to indemnify, defend, and hold harmless Defyance, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from violation of these Terms & Conditions.

Third Party Links

Defyance may link to third-party sites. Defyance has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.

Risk of Loss

All items purchased from Defyance are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Defyance attempts to be as accurate as possible. However, Defyance does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Defyance itself is not as described, your sole remedy is to return it in a new, unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
 THIS SITE IS PROVIDED BY DEFYANCE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEFYANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEFYANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEFYANCE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DEFYANCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEFYANCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL 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.

Applicable Law

By visiting Defyance, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Defyance.

Disputes

Any dispute relating in any way to your visit to Defyance or to products you purchase through Defyance shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate Defyance’s intellectual property rights, Defyance may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, orfor any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Returning DefyanceClothing.com orders

Merchandise can be returned for a refund or exchange within 30 days from ship date. The merchandise must be unworn and unwashed to receive a refund or exchange. Exchanges can only be made for the same item in a different size or color only. Your return will be processed within 3-5 business days after receipt at our warehouse and refunds will be issued based on the original form of payment. Please allow 1-2 billing cycles for the refund credit to appear on your statement.

EXCHANGES

Exchanges can be made for the same item in a different size or color only. Exchanges are subject to availability and if the desired exchange is unavailable, a refund will be processed.

Closeout/Sale products

Products on sale or on closeout prices are final sale and are not eligible for returns or exchanges.

We reserve the right to limit returns.

RETURN PROCEDURES

Please include your original packing slip, an explanation as to why you're returning the product and the original order number, purchaser name, address, and telephone number.

Pack your return with the completed form (in the original package if possible) and send it to DefyanceClothing.com at:

Defyance Clothing
C/O Co-Operations
20049 SW 112th Ave
Tualitan, OR 97062

Defyance distribution facilities and sales offices do not accept hand deliveries.

IMPORTANT NOTES

You must include a return address. For the safety of our employees, any package received without a return address on the outside of the package will be destroyed, and Defyance will not replace the contents of the package. Thank you for your cooperation.

All refunds will be credited to the payment form used for the original purchase.

Exchanges are subject to availability. A refund will be processed if the product is unavailable.

Exchanges can be made for the same item in a different size or color only.

Refund information for DefyanceClothing.com

Your return will be processed within 3-5 business days of being received at our warehouse.

Refunds will be issued based on the original form of payment and you will receive an e-mail notification once your return is processed. Please allow 1-2 billing cycles for the refund credit to appear on your statement.

Refunds will include product and tax amount only. In the event that an incorrect item was shipped, or if products were damaged in transit, we will also include shipping charges in your refund.

Shipping

Orders are processed Monday-Friday, excluding holidays.  Orders typically ship within 48 hours once the order has been placed.

Currently, we can only ship to addresses within the 50 United States. We cannot ship to US Territories (Puerto Rico, Guam, US Virgin Islands, American Samoa), Post Office boxes, or to addresses outside of the USA.

Ground Service $8.00

Order Processing: 2 Business Days*

Order Arrives 2-9 Business Days*

Two Day Air $14.00

Order Processing: 1 Business Day*

Order Arrives 2-4 Business Days*

Next Day Air $25.00

Order Processing: 1 Business Day*

Order Arrives 1-2 Business Days*

*Business days (Monday through Friday excluding holidays).

Order Status

You will receive a confirmation notice via email when your order has shipped and left the warehouse.  A tracking number will be included in the email.  If it has been more than a few days since placing your order and you have not received any shipping information, or if there are any other problems with the shipment, please contact customer service at 1-866-425-2046 or by sending an email to: store@defyanceclothing.com.