OVERVIEW

This website is operated by Midtown Authentic. Throughout our site (also referred to herein as our “website” or “this website”), the terms “we”, “us” and “our” refer to Midtown Authentic. Midtown Authentic offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of our site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of our site, you agree to be bound by these Terms of Service as a binding electronic contract. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page with or without notice to you. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. By accessing our website, you also agree that we may send you communications via email or some other manner, whether electronically or in physical format.

SECTION 1 - GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to refuse to provide the Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current, nor do we represent and warrant that your use of our site will be uninterrupted. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy (Please see Refund Policy).

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the site and/or the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 4 - ELECTRONIC MESSAGING POLICY

By providing your phone number and/or email and opting in to automated reminders and text messages and/or emails from us, you consent to receiving periodic text messages and/or emails from Midtown Authentic regarding promotions, updates, upcoming events, merchandise, closures, and other relevant information.

Message frequency may vary, and standard message and data rates may apply. We do not charge for mobile messages or emails sent to you, but you are ultimately responsible for any message and data rates imposed by your mobile provider.  If you have any questions about your text plan or data plan, please contact your mobile carrier.

You may opt out of receiving text messages or emails from us at any time. To do so, either click where designated in our email, or, to opt out of text messages, reply with “STOP”, “QUIT”, or “CANCEL” to any promotional text message you receive from us. You may continue to receive text messages and/or emails for a short period while we process your request and you may receive a one-time opt-out confirmation message.

Our mobile and electronic messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Terms of Service.  We may also change the telephone number, email, or short code we use to operate our electronic messaging program.  You acknowledge that any requests sent to a telephone number, email, or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number, email, or short code that has been changed.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to

notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through our site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and Services available via our site may include materials from third-parties. Third-party links on our site may direct you to third-party websites that are not affiliated with us, including but not limited to, Shopify, Inc. We are not responsible for examining or evaluating the content, legality, accuracy, or any other aspect of these third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. 

Where we provide hypertext links from or to third-party websites, these links are offered solely for the convenience and informational purposes of the user. By accessing any third-party website via a link provided on our site, you acknowledge and agree that such access is entirely at your own risk. We make no representations or warranties, express or implied, regarding any third-party website, nor do we accept any responsibility or liability for the content, resources, or services available on those sites. The presence of a hyperlink does not imply any endorsement, sponsorship, or affiliation between us and the third-party websites. 

You acknowledge and agree that we are not liable for any harm, losses, or damages related to the use of, or access to, any third-party websites, and/or the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any

computer virus or other malware that could in any way affect the Services, our operation of the site, or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 9 - COPYRIGHT

The copyright in all content provided on our website is held by Midtown Authentic or by the original creator of the content. The trademarks, service marks and logos used and displayed on the site are registered and unregistered trademarks of Midtown Authentic and others. Except as provided herein, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Midtown Authentic or the copyright owner. Nothing on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, copyright, or content displayed on the site, without the written permission of the trademark owner or copyright holder.

By accessing or using our site, you agree to use our website pursuant to these Terms and solely for your own bona fide, legitimate, and lawful personal purposes. You agree that it is your responsibility to know and understand the laws applicable to your use of our website. You specifically agree not to:

• license, sublicense, sell, assign, transfer, share, distribute, or otherwise market or exploit our website in any way, or otherwise make our website available or accessible to any third party;

• display, share, disseminate, market, or otherwise disclose any content that would infringe or otherwise violate the rights of any third party, including Midtown Authentic, and including but not limited to any such party’s intellectual property rights;

• display, share, disseminate, market, or otherwise disclose any content that would be considered unlawful, spam, fraudulent, misleading, or unsolicited communications, or violate any applicable federal, state, local, or foreign laws, rules, or regulations concerning privacy, security, obscenity, defamation, incitement, hate speech, pornography, terrorism, discrimination, money laundering, gambling, child protection, and other applicable laws;

• copy, modify, adapt, or repurpose our website, or make derivative works thereof; 

• access our website for any purpose other than the proper and bona fide use of our website;

• directly or indirectly undertake any effort, or attempt to undertake any such effort, to reverse engineer or decode our website, or any component thereof, to create a competitive program, whether for your own use, for market use, or any other reason; or

• interfere with or disrupt our website or any component thereof, including data, networks, sites, and servers.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy (Please see Privacy Policy). In the event of a conflict between these Terms of Service, and our Privacy Policy, the more stringent provision shall control.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

SECTION 13 – CHILDREN UNDER THE AGE OF 16; INTERNATIONAL USERS

Our site and the Services are not intended for children under 16 years of age. No one under 16 may provide any personal information to or on our site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our site, register for our services on our site, use any interactive or public commentary features on our site, or provide other information about yourself to us (including your name, address, telephone number, and/or email address). If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

California residents under age 16 may have additional rights regarding the collection and sale of their personal information. For additional information concerning California users, please review our Privacy Policy.

We control and operate our site and our services from and within the United States of America. While we understand that foreign citizens may have access to and use our site, we make no representation that our site or its contents are appropriate for such users. To the extent any such users access our site,  we will comply with all applicable privacy and data laws that will apply. Information on how and what type of data (if any) is held about a user can be obtained by reviewing our privacy policy (Please see Privacy Policy) or by contacting us.

Residents of the European Union have rights, under certain circumstances, to: (i) receive communications related to the processing of their personal information that are concise, transparent, intelligible, and easily accessible; (ii) be provided with a copy of their personal information held by us; (iii) request the rectification or erasure of their personal information held by us without undue delay; (iv) request that we restrict the processing of their personal information (while we verify or investigate their concerns with this information, for example); (v) object to the further processing of their personal information, including the right to object to marketing; (vi) request that their personal information be moved to a third party; (vii) receive their personal information in a structured, commonly used and machine-readable format; and (viii) lodge a complaint with a supervisory authority.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR ACCESS TO OUR WEBSITE IS AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS EXPRESSLY STATED IN WRITING, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES OR OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES AND/OR OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO CASE SHALL MIDTOWN AUTHENTIC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

THE AFORMENTIONED EXCLUSIONS AND LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Midtown Authentic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees and representatives harmless from any claim, liability, damages, judgment, award, loss, cost, expense, fine, fee, or demand, including reasonable attorneys’ fees, due to or arising out of or relating to your use of the Services, the site, your violation or breach of these Terms of Service or the documents they incorporate by reference, and/or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Services, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - NO WAIVER

Our failure to enforce any provision of these Terms of Service shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with these Terms of Service.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services or access our site. 

We also may terminate these Terms of Service and/or suspend your access to our site at any time without notice and you will remain liable for all amounts due up to and including the date of termination, subject to any separate agreements and/or notices that you may execute in relation to the Services.

Termination of access by either you or us will not cause any term of these Terms of Service, which by its nature should survive termination, to lapse. Such provisions which will survive termination of these Terms of Service include, but are not limited to, disclaimers and warranties, limitations on liability, indemnification, and retention of personal information.

SECTION 19 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. In the event of a conflict between these Terms of Service and any subsequent agreements entered into between you and Midtown Authentic, the more stringent provision shall control.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice or conflict of law, provision, or rule. Any suit, action, claim, complaint, or proceeding arising out of, or related to your access to our website or these Terms shall be instituted exclusively in the federal or state courts of the State of New Jersey, Union County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at midtownauthentic@gmail.com.  Our contact information is posted below:

Midtown Authentic rory@midtownauthentic.com

444 Brickell Ave, Suite 415, Miami, FL, 33131, US