Sale is Contingent on Customer's Acceptance of Terms and Conditions. Welcome to the Persistence DP Inc (the "Company") website. This Terms of Use Agreement (the "Agreement") explains the terms and conditions governing your use of our website. By utilizing our website you are deemed to have read and agreed to these terms of use. If you do not wish to be bound by these terms and conditions please refrain from utilizing our website as these standards are applicable to all users. The user agrees to use this website according to the instructions as posted on the site and to be bound be this agreement.

Seller shall not accept Customer's purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer's purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.

The User asserts that they have the legal ability to enter into this Agreement, and any resulting contracts for purchase. The User also agrees that they will pay for all goods or services ordered, as denoted elsewhere within this website. By accessing or utilizing this website the user certifies that they are over 18 years of age. The user further certifies that they have the legal ability to enter into a legally binding and enforceable agreement whether as a natural person or, if acting on behalf of a business entity, that they have the legal authority to bind the business entity that they are acting on behalf of. Any person who does not have the authority to enter into a legal transaction conducted on this site, for another legal entity, shall be held individually and personally liable for all resulting transactions conducted by the user on behalf of the legal entity. If you do not have the legal authority to enter into this binding agreement, please exit this website now. Otherwise, you are representing that you do have such authority by proceeding further.

If no price is listed or posted for a product on this website, the product is to be considered available for quotation.

The Company and User understand and agree that this website is intended for use via Internet access and that the Company is not liable in the event this mode of communication fails or does not perform as intended. Specifically, but not limited to, if an order is not received by the Company they are not liable for any failure to provide the goods or services ordered or any resulting damages or resulting financial consequences.

By utilizing this site the user grants the Company a license (permission) to use anything the user submits or posts to the site, as the Company deems appropriate.

The Company asserts any and all copyright or trademark protections available to it. The user agrees that the user will not copy materials on this site. The user further agrees to not, directly or indirectly, reverse engineer any products offered on this site. The user acknowledges that products or services offered on this site are the owned by the Company or third parties and may also be protected by copyright, trademark or other similar operations of law.

The User agrees and represents that they are not utilizing this website, or any products or services offered herein for any illegal, fraudulent or otherwise legally improper activity. The user specifically agrees that they are truthful in any and all information that they disclose on this website. The User also assures the Company that any method of payment offered for goods or services is not fraudulent or illegal.

The user hereby acknowledges that they are entering this site for the intent of possibly purchasing products or services offered herein and furthermore agrees to pay for all products or services ordered through this site by the user. The user agrees that they will not cause, directly or indirectly, to use the website materials, products or services to violate any applicable laws.

The user will not disclose their password, if one is issued by the Company, or any otherwise confidential data to others for use and that if a third party utilizes such information to access this site the user agrees to be fully liable for such use as a result of the disclosure of information.

The Company hereby asserts limits on its liability. The parties agree that there is an express waiver of warranties that are or may be implied by law. Only express warranties made by The Company shall be enforceable by the user. The user agrees that The Company may only be held liable for failure to honor a bona fide sale and improperly retaining funds received from the user for the purpose of purchasing product(s) or service(s) offered on this site. In no manner shall the Company's liability exceed the price of the goods or services ordered in a bona fide sale.

The user agrees that this site is the property of the Company and that use of the site is at the complete and sole discretion of the Company. The User agrees and accepts that any use may be terminated by the Company at any time based on the Company's sole discretion. The Company reserves the right to alter product offerings or prices at any time, as the Company deems appropriate.

The Company reserves the right to modify this Agreement at any time and that when posted to this website the revised terms of use will be in effect and apply to all subsequent activities.

The user agrees that any and all disputes, including litigation, may only be raised in the State of Arizona, County of Maricopa; and that such disputes shall be resolved based on the relevant law in this jurisdiction.

The user hereby acknowledges that they are entering this site while the user is located in the United States of America and that access or utilization of this site by persons outside of the United States of America is expressly prohibited. The laws of foreign jurisdictions shall not be applicable to transactions conducted through this site.

Shipping & Returns
We reserve the right to choose between USPS First Class or Standard Ground Shipping. Orders will typically arrive within 3 weeks or less (Monday thru Friday, not including holidays), deposit or full pre-payment via cash or check. Pending use of credit card authorization and verification. Standard delivery is applicable to Alaska, Hawaii, US territories, PO Boxes, Rural Routes and APO and FPO addresses.

Production will not begin until art is received, approved and payment made. Once all criteria has been met it will then go into production. Please allow for this process. Our typical turnaround time is 3 weeks or less.

Payment Terms
Seller accepts payment via paypal (Visa or MasterCard), cash or company check. Customer will be charged a $25 service charge for any returned check. All orders will be charged in full upon completion of sale.

Shipping
Customer is responsible for all shipping and freight charges, FOB Seller's warehouse. Inventory will fluctuate on seasonal items. Orders are normally shipped by USPS, UPS or Federal Express. Seller will ship using a carrier at their discretion. Seller will not be responsible for shipping delays caused by a carrier. Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.

Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER'S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer.

Cancellations
No order can be cancelled once it has been entered into production.

Customer Acceptance of Late or Defective Merchandise
Customer's failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.

Prices, Quantities, Styles, Colors
Prices are subject to change without notice. PDP, Inc reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.

Promotional Codes, Coupons, Discounts
Discounts cannot be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).

DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER.

LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE MERCHANDISE.

Special Terms Applicable to Custom Orders
The following terms and conditions shall apply to custom orders. All custom orders require pre-payment prior to commencing production, with the balance to be paid upon terms assigned by Seller. No changes will be accepted once merchandise has entered production. Customer will be billed for actual quantity shipped. All shipping costs are the responsibility of Customer, FOB Location specified on order confirmation. All custom order sales are final, based on approval of art. No returns of custom merchandise are allowed. Buyer shall assert claims for shortages or defective merchandise in accordance with these Terms and Conditions of Sale. Shipment and receipt dates quoted to Buyer will be approximate and are not guaranteed.

Jurisdiction/Governing Law
Seller is headquartered in the State of Arizona, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Arizona (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Arizona and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Arizona in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to photographs & images) are protected by copyrights which are owned and controlled by Persistence D.P., Inc or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Persistence D.P., Inc. may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. All trademarks, service marks, and trade names are proprietary to H2Cwear or the other designated owner of a posted mark.