These Terms of Use apply to the website located at the URL https://www.buckrogersapparel.com/ (the “Website”), which is owned and controlled by Buck Rogers Company (hereinafter referred to as "BRC", "we", "us" or "our"), and is protected by worldwide copyright laws and other intellectual property laws. 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and BRC, concerning your access to and use of the Website. You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to modify these Terms of Use at any time. If and when the Terms of Use are modified, you will be subject to the modified Terms of Use, and by accessing the Website, agree to the terms of modified Terms of Use, without further notice. Supplemental terms and conditions or documents that may be posted on the Website from time to time are expressly incorporated herein by reference. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use and you waive the right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.

This Website may provide links or references to other sites, but we have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Website.

We shall not be liable for any damages or injury resulting from your access to, or inability to access, this Website or from your reliance on any information provided on this Website and your use or access to this Website is at your own risk. We will use reasonable efforts to include accurate information on this Website, but make no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. 

The trademarks, service marks, trade names, and trade dress featured in this Website are protected in the United States and internationally. No use of any of these may be made without our prior written authorization.

Any personally identifiable information in electronic communications to this Website is governed by this Website's Privacy Policy. Please review this Website’s Privacy Policy to understand our privacy-related practices. 

The sender of any communications to this Website or otherwise to us shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Contact Information

BRC welcomes your comments regarding these Terms of Use. If you believe that BRC has not adhered to this Terms of Use, please contact us at hello@buckrogersapparel.com. 

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we do no guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 

Purchases and Payment

We accept the following forms of payment:

• Visa

• Mastercard

• American Express

• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration dates, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchase as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and /or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Return Policy

Please review our Return Policy posted on the Website prior to making any purchases.

Intellectual Property

Unless otherwise noted, all information, account information, articles, data, images, passwords, customer numbers, screens, text, user names, web pages or other materials (collectively, the “Content”) appearing on the Website, the Website itself, and all features and functionality of the Website, are the exclusive property of BRC or its affiliates:

• All information, products, services, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other Content contained on or used in the Website is protected by United States and international copyright laws. All rights reserved. Please assume that everything you see or read on the Website is copyrighted to or used with permission by BRC unless otherwise noted.

• The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of BRC or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BRC. All other trademarks not owned by BRC or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BRC or its subsidiaries.

• We own or use by permission all software contained on the Website, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.

• You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the Content of the Website for public or commercial purposes without BRC’s authorization, except that your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

• Nothing on this Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BRC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users involved in such violations. We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

Prohibited Uses 

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 
The following is a list of prohibited uses of this Website:  

• resell or commercially use this Website or its contents;

• download or copy any account information for the benefit of another merchant or other person or entity;

• use any false or inaccurate information for purposes of establishing an account with us;

• provide any information or take any other action with the purpose of establishing an account with us in order to place test orders;

• harvest or otherwise collect information about others, including e-mail addresses, without their consent;

• collect or otherwise use any data located on the Website for litigation or legislative purposes;

• take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure:

• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website;

• allow any other person or entity to use your identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service

• use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

• send, knowingly receive, upload, download, use, or re-use any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable;

• impersonate or attempt to impersonate BRC, a BRC employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

• engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm BRC or users of the Website or expose them to liability.

• You further agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:

• accessing data not intended for you or logging into a server or account that you are not authorized to access;

• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

• attempting to interfere with service to any User, host or network, including, without limitation, by way of submitting a virus to or overloading, using any type of spyware or redirecting software, “flooding,” “spamming,” “mailbombing” or “crashing” the Website;

• forcing the placement of cookies;

• sending unsolicited e-mail, including promotions and/or advertising of products or services; or

• forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. 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 BRC without express written consent. You may not use any meta tags or any other “hidden text” utilizing BRC’s name or Trademarks without our express written consent. Any unauthorized use terminates the permission granted by us. BRC reserves the right to terminate, block or restrict your access to or use of this Website for any breach or violation of any term(s) of the Terms of Use, solely at BRC’s discretion and solely using BRC judgment.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY BRC ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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

Indemnity 

You agree to indemnify and hold BRC its representatives, affiliates, officers, employees and agents harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that are asserted against BRC or you, that you assert or that you may assert, based on or relating to: your use, of the Website; breach of these Terms of Use; any breach of your representations and warranties set forth in these Terms of Use; your violation of rights of a third party, including but not limited to intellectual property rights; or any over harmful act toward any other user of the Website with whom you connected via the Website. 

You further agree to indemnify and hold BRC and its representatives, affiliates, officers, employees and agents harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by you of any of the provisions of the Terms of Use.

Governing Law

These Terms of Use and your use of the Website will be governed by the laws of the Commonwealth of Pennsylvania. All disputes under this Terms of Use shall be resolved by litigation in the courts of the Commonwealth of Pennsylvania including the federal courts thereof and you consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to you. You hereby consent and submit to the personal jurisdiction of such courts. 

Dispute Resolution

If the Parties to a dispute are unable to resolve the dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) Website. Your arbitration fees and your share of the arbitrator’s compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Montgomery County, Pennsylvania. Except as otherwise provide herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. 

If for any reason a dispute proceeds in court rather than in arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Montgomery County, Pennsylvania, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction with the courts listed for jurisdiction above, and the parties agrees to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

Exceptions to Arbitration

The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within the portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

Interpretation

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use state the entire agreement between the parties relating to use of the Website. The Terms of Use may not be amended except as provided above.

Survivability

The intellectual property rights set forth in this Terms of Use, and any other provisions that by their sense and context are intended to have survive, shall survive the termination of permissions granted by the Terms of Use. 

Assignability 

The permissions and obligations granted by the Terms of Use is personal to you and may not be assigned to any third party or person.