TERMS AND CONDITIONS

Promotions

Promotions may not be combined with any other offer or discount. Promotions are not valid on gift cards. Promotions are not valid at specialty retail locations.

Terms of Use

Thank you for visiting our web site (this "site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. These Legal Conditions govern the use of and access to this Ghurka.com website. Your use of this site is governed by the following terms of use ("Terms"). If you do not agree with all of these Terms, please exit this site. By using this site, you agree to comply with and to be bound by these Terms, including the privacy policy and, when you make an online purchase, the purchase information. Ghurka reserves the right to change these Terms at its sole discretion without specific notice to you. By using this site after any such change, you agree to comply with, and be bound by, the Terms as changed.

Copyright, Trademark and Other Intellectual Property Protection

This site as a whole, and all material on this site, is protected by copyright and other intellectual property rights. See "Copyright Information" below for further information.

Submissions

You agree that any and all suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Ghurka through this site or by other means ("Submissions") are neither confidential nor proprietary to you. All submissions become Ghurka’s property upon submission to Ghurka. By making a Submission to Ghurka, you assign to Ghurka all rights, title and interests, including copyrights, in the Submission. Ghurka has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Ghurka has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

Links

This site may contain links to other websites. Ghurka is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Ghurka does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials or make any recommendation as to such sites' safety or fitness for a particular use. Any questions or comments relating to any other site should be addressed to the operators of those sites. No linking to this website is permitted without Ghurka’s prior written permission.

Products

The Ghurka products depicted on this site are representative of the Ghurka collection. Not all Ghurka products are shown in this site. Not all products shown on this site are available at all retail stores or at the same price. The prices, sizes, style, designs and colors of the Ghurka products shown in this site may be changed without notice.

Disclaimer

Material in this site may contain inaccuracies or typographical errors. Ghurka is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this site. It is your responsibility to evaluate the information and other content available through this site. This site and the information and materials contained in this site are subject to change at any time, and from time to time, without prior or subsequent notice.

No Warranties

This site and the contents hereof are provided on an "as is" and "as available" basis. Ghurka makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. Ghurka does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Ghurka shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site, unless otherwise required by applicable law.

Limitation of Liability

Ghurka shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.

Copyright Information

All materials on this site, and the site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Luxury Leather Brands LLC or its subsidiaries or affiliates (collectively, "LLB"), or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this site, as well as the software used in the design and development of this site. All rights are reserved, worldwide. The name and mark Ghurka, the Ghurka logos, and all other Ghurka-related marks depicted in this site, whether registered or unregistered, are trademarks or service marks of LLB in the United States and around the world. The materials contained in this site are displayed for informational and promotional purposes only. This site is solely for private, personal, and non-commercial use. You may download or copy materials in this site solely for your personal, non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal, non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this site, any of the materials in this site, or any related software. Any other use of materials on this site, including, but not limited to, reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Luxury Leather Brands LLC, is strictly prohibited.

Indemnification

You agree to indemnify, defend and hold harmless Ghurka and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Ghurka reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Ghurka in the defense of such matter.

Severability

If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Disputes

Any dispute relating in any way to these Terms of Use, your visit to the Site, or to any purchase, return or other transaction with the Site shall be submitted to confidential arbitration in Cleveland, Ohio. Any claim or cause of action you may have with respect to Ghurka or the site must be commenced within one (1) year after the claim or cause of action arose. However, if you have in any manner violated or threatened to violate any Ghurka intellectual property right, Ghurka may seek injunctive or other appropriate relief in any state or federal court in Cleveland, Ohio. You consent to exclusive jurisdiction and venue Cleveland, Ohio. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Entire Agreement and Admissibility

The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Ghurka with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous

English is the only language offered for the making or conclusion of any contract regarding this site or an online purchase. If you have any questions please contact us Monday through Friday from 9am - 6pm EST at 1-833-782-6062 or via email at customerservice@ghurka.com.