TERMS OF SERVICE
Refund Rule: All unsuccessful autocheckout orders are refunded promptly and automatically. Autocheckout orders may be canceled no later than 3 hours before the stated official release time. All canceled autocheckout orders will receive a full refund. All sales of shoes from our stock are nonrefundable and final. Size exchanges may be made if the desired size is in stock and the order has not shipped. All orders that wish to be canceled before the item has shipped, will either receive a exchange for a product of the same value or store credit. All sales of shoes and other merchandise that has been shipped can not be canceled and is non refundable.
INCORRECT CHECKOUT INFORMATION RULE: If the customer provides The Carolina ATC with incorrect payment information, the customer will receive a full refund.
Refund Rule: All customers must submit any and all refund requests via email to firstname.lastname@example.org or via Twitter Direct Message to @TheCarolinaATC. Any requests made by a successful order will be denied, and that customer will be banned.
The Carolina ATC supports freedom of speech, both on and off the Internet. The goal of The Carolina ATC is to provide you with access to the best quality products possible. By purchasing any The Carolina ATC Service or product or by accessing any areas of the thecarolinaatc.com Website (“Website”), you agree to be legally bound and to abide by the terms and conditions set forth below. Thecarolinaatc.com is owned and operated by The Carolina ATC, a North Carolina (USA) company. When purchasing products and services from this Website, our LinkedIn profile or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User’s Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Service.
Please see the following pages for further details: O http://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibiliites); O http://www.linkedin.com/legal/user-agreement?trk=hb_ft_userag (LinkedIn’s User’s Agreement); O https://twitter.com/tos (Twitter’s Terms of Serivice); and O http://www.google.com/intl/en/policies/terms (Google’s Terms of Service) All references in these Terms of Service to “The Carolina ATC”, “thecarolinaatc.com” and/or “this Website” shall be deemed to include both this Website and any and all social media pages maintained from time to time by The Carolina ATC or its affiliates. All online bot sales are 100% final. No refund whatsoever for digital products (autocheckout exempt).
OUR SERVICES: The Carolina ATC offers a variety of cloud-based software services (“Services”) designed to facilitate the online purchase of footwear and other products and merchandise that sell out in seconds. Currently The Carolina ATC sells "Autocheckout" services to help customers to purchase limited releases, and shoes and other merchandise from our own stock.
All Services will be provided to the person who purchases them. Neither the Services, nor any Content, materials or information provided by The Carolina ATC in the course of providing Services, may be assigned, sold or otherwise transferred to third parties. II. The Carolina ATC is a trademark of The Carolina ATC and/or its affiliates. All rights are reserved. These and other The Carolina ATC graphics, logos, service marks and trademarks of The Carolina ATC and its affiliates may not be used without the prior written consent of The Carolina ATC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Website or in any materials relating to our Services are the property of their respective owners. III. DISCLAIMERS AND LIMITATION OF LIABILITY: You expressly agree that use of The Carolina ATC Services is at your sole risk. Neither The Carolina ATC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this Website will be uninterrupted or error free, nor do they make any warranty as to any of The Carolina ATC products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website.
The Carolina ATC will use its reasonable best efforts to make autocheckout services on its users’ behalf. The success of those services will depend upon a number of factors, including but not limited to availability of the particular item ordered and the accessibility of the manufacturer’s or distributor’s website at the time the autocheckout service is made. Accordingly, The Carolina ATC cannot guarantee that your autocheckout service will be successful, that you will receive the item for which the The Carolina ATC service is placed, or that you will achieve any specific goal or objective, even if The Carolina ATC is made aware of your goal or objective when rendering Services. Disclaimer of Warranties.
The Carolina ATC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. The Carolina ATC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH The Carolina ATC WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH The Carolina ATC WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) The Carolina ATC OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Carolina ATC SERVICES AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY The Carolina ATC AND ITS AFFILIATES. Limitation of Liability. IN NO EVENT SHALL The Carolina ATC AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL The Carolina ATC OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH The Carolina ATC, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH The Carolina ATC, THE FAILURE OF ANY RSVP OFFER TO BE RECEIVED BY THE MANUFACTURER OR DISTRIBUTOR OF THE DESIRED MERCHANDISE, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF The Carolina ATC OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. Internet Delays. USE OF THIS WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. The Carolina ATC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Links to Third Party Sites. This Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of The Carolina ATC. If you choose to link to such third party web sites, The Carolina ATC makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. The Carolina ATC does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. The Carolina ATC disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties. Domestic Use Only. The Carolina ATC Services are available to you only in the United States, its territories, and possessions, and Canada. You agree not to use or attempt to use our Services from outside these locations. If you use our Services from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of any content, information or materials available on this Website contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. The Carolina ATC may use technologies to verify your compliance. IV.
CONTENT AND COPYRIGHT OWNERSHIP A. Copyright and Limited License Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the The Carolina ATC logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of The Carolina ATC or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of this Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Website, the Site Materials or any information contained therein, except as expressly permitted on this Website; or (g) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of The Carolina ATC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. B. Digital Millennium Copyright Act (“DMCA”) Notice If you believe any material available via this Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. The Carolina ATC Attn: Customer Care 15 Cutter Mill Road, # 178 Great Neck, New York 11021, U.S.A. email@example.com Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. In accordance with the DMCA and other applicable law, The Carolina ATC has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers.
The Carolina ATC may also, in its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. C. Third Party Site Materials The Carolina ATC may provide third party content on this Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that The Carolina ATC is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk. D. Advertisements and Promotions; Third-Party Services and Services The Carolina ATC may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.
The Carolina ATC is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-The Carolina ATC advertisers or third party information on this Website. V. USER GENERATED CONTENT The Carolina ATC may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on this Website ("User Content"). By using this Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through this Website any of the following: a. Unless specifically requested by The Carolina ATC, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters); b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers; c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content; d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content; f.
User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law; g. Viruses, spyware, Trojan horses, “Easter eggs” or any other harmful, disruptive or destructive files; and h. User Content that, in the sole judgment of The Carolina ATC, is objectionable, restricts or inhibits any other person from using or enjoying this Website or which damages the image or rights of The Carolina ATC, other users or third parties. The Carolina ATC does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is The Carolina ATC liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of this Website and agree to use the interactive areas at your own risk. If you become aware of User Content that you believe violates these Terms of Service (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it by sending an e-mail to firstname.lastname@example.org. Enforcement of these Terms of Service, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Service in other instances. In addition, these Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation or promise that this Website will not contain any content that is prohibited by these Terms of Service.
Although The Carolina ATC has no obligation to screen, edit or monitor any of the User Content posted on this Website, The Carolina ATC reserves the right, and has absolute discretion, to remove, screen or edit any User Content on this Website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on this Website at your sole cost and expense. If you are viewing this Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Website and the computer system you are using to prevent unauthorized User Content. License to User Content. You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to The Carolina ATC that you grant herein. The Carolina ATC claims no ownership or control over any User Content, except as otherwise provided herein, on this Website or in a separate agreement. However, by submitting or posting User Content on this Website, you grant The Carolina ATC and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release The Carolina ATC and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content. VI. SUBMISSION OF IDEAS You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about The Carolina ATC, this Website and our Services (collectively, "Ideas"). Ideas, whether posted to this Website or provided to The Carolina ATC by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal.
Additional Refund Agreement: By purchasing any service of The Carolina ATC, you, the customer, acknowldges that any refund must be made to those who did not secure the shoe.
The Carolina ATC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes. VII. LINKS You are granted a limited, non-exclusive right to create text hyperlinks to this Website for noncommercial purposes, provided such links do not portray The Carolina ATC in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use The Carolina ATC logo or other proprietary graphics to link to this Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any The Carolina ATC trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of The Carolina ATC or any third party. The Carolina ATC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to this Website. Such sites are not under the control of The Carolina ATC and The Carolina ATC is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Carolina ATC and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by The Carolina ATC of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website. VIII.
As such, the laws of the State of North Carolina, U.S.A. will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of North Carolina, U.S.A., and of the United States of America located in the State of North Carolina, U.S.A. for any litigation arising out of or relating to use of or purchase made through The Carolina ATC(and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of North Carolina, U.S.A., and agree not to plead or claim in any court of the State of North Carolina, U.S.A. that such litigation brought therein has been brought in an inconvenient forum. XIII. MODIFICATION OF TERMS The Carolina ATC may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your The Carolina ATC account or by placing a prominent notice on this Website. You are responsible for regularly reviewing these Terms of Service. Continued use of The Carolina ATC after any such changes shall constitute your irrevocable and unconditional consent to such changes. XIV. NOTICES The Carolina ATC may give notice by means of a general notice on this Website, or electronic mail to your e-mail address on record in The Carolina ATC account information, or by written communication sent by first class mail or pre-paid post to your address on record in The Carolina ATC records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). XV. GENERAL
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and The Carolina ATC as a result of these Terms of Service. The failure of The Carolina ATC to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Carolina ATC in writing. These Terms of Service, together with any applicable policies, comprise the entire agreement between you and The Carolina ATC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.