Terms of service

Overview

This website and the products and services available on it are operated by Christopher Gomez, doing business as Gomez FM Apparel ("we," "us," or "our"). The site is presented under the creative branding "GOMEZ / FM," which refers to this same business — this branding is a visual/creative presentation and does not indicate a separate legal entity.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced here or available by hyperlink, including our Refund & Return Policy, Shipping Policy, and Privacy Policy. These Terms of Service apply to all users of the 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 the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Section 1 — General Conditions

We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content (not including payment information) may be transferred unencrypted and involve transmissions over various networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

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. The material on this site is provided for general information only and should not be relied upon without consulting more current sources. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.

Section 3 — Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 4 — Products or Services

Certain products, including limited-edition apparel releases such as 3AM™ Drop 001, may be available exclusively online and may be offered in limited quantities. All descriptions of products are subject to change at any time without notice, at our sole discretion.

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

We currently sell to customers located in the United States only, and do not offer international sales or shipping. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction, and to discontinue any product at any time.

Purchases are subject to our Refund & Return Policy and Shipping Policy, each incorporated into these Terms by reference. In the event of any conflict between this section and those policies, the Refund & Return Policy and Shipping Policy govern, as they reflect our current, specific operating terms.

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.

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

Section 6 — Optional Tools

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

Section 7 — Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties.

Section 8 — User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise, you agree that we may, at any time, without restriction, use such submissions.

Section 9 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 10 — Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice.

Section 11 — Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any applicable laws or regulations; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to interfere with or circumvent the security features of the Service.

Section 12 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

In no case shall Christopher Gomez, doing business as Gomez FM Apparel, 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, arising from your use of the Service or any products procured using the Service.

Section 13 — Indemnification

You agree to indemnify, defend, and hold harmless Christopher Gomez, doing business as Gomez FM Apparel, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 — 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 severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 — Termination

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 that you no longer wish to use our Service. We reserve the right to terminate these Terms at any time without notice if, in our sole judgment, you fail to comply with any term or provision of these Terms of Service.

Section 16 — Entire Agreement

These Terms of Service, together with our Refund & Return Policy, Shipping Policy, and Privacy Policy, and any other policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us.

Section 17 — 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 Texas.

Section 18 — Changes to Terms of Service

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

Section 19 — Contact Information

Questions about these Terms of Service should be sent to us using the contact information available on our Contact page.