Receive 5% Off Your First Order : Use Code: First5
  1. BINDING EFFECT. This is a binding agreement between you and SSC Apparel, Inc., a California corporation (“us,” “we,” or “Company”). By using the website located at www.maitaiwholesale.com (the “Site”) or any services provided in connection with the Site (the Site availability and all services collectively referred to herein as the “Service”) you agree to be bound by and to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Amended Terms of Use are effective upon being posted. Company will post a notice on the Site any time these Terms of Use have been materially changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
  2. PERMITTED USE. Company hereby grants you a personal, non-transferable and non-exclusive right and license to use the Site and the Service; provided, however that you shall not (and shall not allow any third party to) attempt to copy, modify, create a derivative work from, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the Service. This license does not include any resale or commercial use of this Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Service or its contents; any downloading or copying of information for the benefit of any third party person, merchant or entity; or any use of data mining, robots, or similar data-gathering and extraction tools. This Service or any portion of it may not be reproduced, copied, sold, resold, used, visited or otherwise exploited for any commercial purpose without the express written consent of Company.
  3. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.
  4. PASSWORDS. When you establish an account to use or access the Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You may not use the account, username, or password of someone else at any time. You are entirely responsible for maintaining the confidentiality of your password, and for restricting access to your computer. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You agree to accept responsibility for all activities that take place under your account or password, and may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
  5. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute User Content.
  6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Service, you agree to obey the law and to respect the intellectual property rights (including, without limitation, copyrights, trademarks, trade secret, or other intellectual property or proprietary rights) of Company and others. Your use of the Service is at all times governed by and subject to laws regarding ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of Company or third party intellectual property rights.
  7. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute to or from the Site any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  8. COPYRIGHT INFRINGEMENT. Company has in place certain procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company’s policy is to investigate any allegations of copyright infringement brought to its attention, and to suspend and/or terminate access to the Site or Service of any user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. 
  9. ALLEGED VIOLATIONS. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Service by others. Company is under no obligation to enforce these Terms of Use on your behalf against any third party or other user of the Site or Service.
  10. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY MAKES THE SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.
  11. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  12. AFFILIATED SITES. Company may work with any number of partners and affiliates whose internet sites may be linked with the Site. Because Company has no control over the content and performance of these partner or affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility or liability for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content accessed through the Site.
  13. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Service. Any violation of system or network security may subject you to civil and/or criminal liability.
  14. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS OF USE (INCLUDING, WITHOUT LIMITATION, VIOLATION OF YOUR WARRANTY THAT ALL ITEMS YOU PURCHASE THROUGH THE SERVICE ARE INTENDED FOR RESALE), OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. COMPANY WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND.  
  15. COMPANY’S PROPRIETARY RIGHTS. All content of the Service, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company and/or its licensors and is protected by U.S. and international intellectual property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading or copying any Company Content or using the Service. Any use of Company Content or the Service other than for the express services provided is strictly prohibited. For example, copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition of Company Content is strictly prohibited.
  16. TRADEMARKS. The Company’s logo, trademarks and service marks are trademarks of Company (the “Company Marks”). Nothing contained on the Site should be understood as granting you a license to use any of the Company Marks, or the marks of any third party. Without Company’s prior written permission, you agree not to display or use in any manner the Company Marks or the marks of any third party on this Site.
  17. COPYRIGHT. All contents of the Site and Service are: Copyright © 2012, SSC Apparel, Inc. All rights reserved.
  18. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use the Service or access the Site following any revision, you shall abide by any such revised Terms of Use.
  19. SEVERABILITY; WAIVER. If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the Company.
  20. APPLICABLE LAWS. This agreement is entered into in Los Angeles, California, and governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. In the event of any dispute between you and Company in connection with this Site or the Service, you agree to submit to the exclusive jurisdiction of the state and federal courts having jurisdiction in Los Angeles, California, U.S.A. Company makes no representation that this Site or the Service is appropriate or available for use in other locations. If you choose to access the Service from other locations, you agree to do so in compliance with all applicable local laws, and acknowledge that your use of or access of the Service should not be construed as Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
  21. PURCHASE FOR RESALE You expressly warrant that the items of tangible property that you purchase through the Site are intended for resale, and as such, are not subject to California sales and/or use tax.  In the event that Company requests that you execute a resale certificate as may be required by the California Board of Equalization from time to time, you agree to cooperate with Company in this regard. Company reserves the right to insist that you submit a resale certificate as a condition precedent to consummating any transaction through the Service.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITY, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS), FOR ANY SALES OR USE TAX WHICH MAY BE LEVIED AGAINST OR INCURRED BY YOU AS A RESULT OF ANY PURCHASE(S) YOU MAKE THROUGH THE SERVICE.
  22. TERMINATION. Company reserves the right to terminate your use of the Service at any time, for any reason or no reason at all.
  23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Last Revised: 10/11/2012