Terms of service

1. Introduction and Acceptance of Terms

Welcome to UNKNOWN FORTY-NINE the official online store for apparel inspired by the legacy of the 1949 Top Gun winners.

These Terms of Service govern your access to and use of the www.unknownfortynine.com website and all orders placed through it. By accessing or using the Service, you agree to be bound by these Terms and our separate Privacy Policy and Shipping & Returns Policy, which are incorporated herein by reference.

2. Intellectual Property Rights

2.1 Ownership: All intellectual property on the Service, including but not limited to the brand name "UNKNOWN FORTY-NINE," the historical narrative ("The Story of the Unknown Forty-Nine"), all logos, patches, designs, images, photographs, text, and other materials (collectively, the "Content") are owned by the Company or its licensors and are protected by copyright and trademark laws.

2.2 Limited Use License: You are granted a limited license to access and use the Service and the Content for personal, non-commercial purposes only, such as viewing products and placing orders.

2.3 Prohibited Use: You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Content without express written permission from the Company. Any unauthorized use of the UNKNOWN FORTY-NINE logo or brand story for commercial purposes is strictly prohibited and subject to legal action.

3. Products and Orders

3.1 Product Descriptions: We strive to ensure that product descriptions, colors, and sizing are as accurate as possible. However, the exact appearance of products (especially colors) may vary depending on your monitor settings. All product descriptions are subject to change at any time without notice, at our sole discretion.

3.2 Pricing and Payment: All prices are subject to change without notice. We accept various forms of payment, which are processed through secure third-party payment gateways. You agree to pay all charges at the prices then in effect for your purchases, including shipping and any applicable taxes.

3.3 Order Acceptance: 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. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.

4. Shipping, Returns, and Exchanges

4.1 Shipping Policy: Our shipping times, methods, and fees are governed by our separate Shipping Policy, which is incorporated into these Terms. We are not responsible for delays caused by the shipping carrier or customs.

4.2 Returns and Refunds: Our policy regarding returns, refunds, and exchanges is set out in our separate Returns Policy. By placing an order, you agree to the terms outlined in that policy.

5. User Conduct and Account Termination

5.1 Prohibited Uses: You may not use the Service for any illegal or unauthorized purpose, including transmitting any viruses, worms, or code of a destructive nature.

5.2 Account Termination: We reserve the right to refuse service, terminate accounts, or cancel orders at any time without prior notice if you violate any of these Terms.

6. Disclaimer of Warranties and Limitation of Liability

6.1 Warranty Disclaimer: The products and the Service are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 Limitation of Liability: To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, or consequential damages (including, without limitation, damages for loss of profits, data, or goodwill) arising from your use of the Service or any products procured using the Service.

7. Governing Law and Dispute Resolution

7.1 Governing Law: These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [Colorado State/Jurisdiction], without regard to its conflict of law principles.

7.2 Dispute Resolution Any controversy or claim arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by binding arbitration in Parker, Colorado in accordance with the rules of the American Arbitration Association (or other specified arbitration service).

8. Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms 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 the Service following the posting of any changes constitutes acceptance of those changes.