TERMS AND CONDITIONS OF USE

Welcome to the godstruecashmere.com website (the “Website”).

COMPANY INFO

God’s True Cashmere LLC
A California limited liability company
11693 San Vincente, Suite 281
Los Angeles, California, 90049

USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.

The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.

Your creation of a user account through the Website is also governed by our “My Account Terms and Conditions”, which can be reached by clicking on the “My Account Terms and Conditions” link located in the footer section of the Website. These Terms and Conditions incorporate by reference the terms and conditions of the My Account Terms and Conditions, Terms of Sale, and Return Policy.

This Website is operated by God’s True Cashmere LLC (hereinafter “GTC”). The products offered on the Website are sold directly by God’s True Cashmere affiliate. GTC reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.

This Website as a whole and all material on this Website, together with the “God’s True Cashmere” trademark, are owned and registered by God’s True Cashmere LLC, a California limited liability company.

Intellectual Property Rights

All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “God’s True Cashmere” trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of God’s True Cashmere S.p.A. Such trademarks and signs may not be used in connection with any product or service that does not originate with God’s True Cashmere affiliate, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “God’s True Cashmere” name and trademark and products bearing the “God’s True Cashmere” trademark.

You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to GTC and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.

All materials contained in this Website, except for the “e-store” section, are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.

No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.

Copyright Complaints

GTC respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please send an email directly to DMCA@godstruecashmere.com. GTC maintains, where required by law, a Digital Millennium Copyright Act that GTC may publish from time-to-time.

Disclaimer

This Website and its Content are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, 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. GTC expressly disclaims any representations and warranties.

In no event shall GTC or any other God’s True Cashmere affiliate company be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if GTC has been advised of the possibility of such damages) arising out of:

  • your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
  • any transaction concluded through or from the Website,
  • your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
  • the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
  • the use of any products or services obtained on or through the Website,
  • unauthorized access to the Website and unauthorized alteration to transmissions or data,
  • statements or conduct of any third party on the Website or
  • any other matter relating to the Website.

Therefore, by using this Website, you undertake to bear all risks connected with such use, holding GTC or any other God’s True Cashmere affiliate company harmless from any damage deriving or caused by the use of this Website or connected with it.

GTC will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that the information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that such imperfections will be corrected.

In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.

Any reference to any product or service which has been or may be provided by GTC or any other company authorized by GTC for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.

Many products displayed on the Sites are or may become available in select retail stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.

Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.

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

Material in this Website may contain inaccuracies or typographical errors. GTC 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 Website. It is your responsibility to evaluate the information and other content available through this Website.

However, GTC reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that GTC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

Submissions

You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to GTC through this Website or by other means (hereinafter “Submissions“) are neither confidential nor proprietary to you. All submissions become GTC’s property upon submission to GTC. By making a Submission to GTC, you assign to GTC all rights, title and interests, including copyrights, in the Submission. GTC has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (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 GTC 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.

Cookies

Cookies are used in the Website to ensure that it functions efficiently and to improve our service, including by the sending of online advertising messages in accordance with user preferences. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites. They are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites.

Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.

In order to know which cookies are used in the Website, how to disable them and/or withhold consent, or for any further information, see the cookie policy.

Privacy

GTC understands the importance of maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (collectively “Personal Data”). In general, you can access and browse the Website without providing Personal Data. However, there may be times when you may be requested to knowingly and willingly provide some Personal Data, so that you may participate in the Website’s services, activities or features. For the purpose of using these Website sections or function, you undertake to read the relevant privacy policy expressing, when requested, your consent to the processing of your personal data and you agree to provide true, accurate, current and complete information.

Personal Data is processed by the Data Controller – mainly using electronic tools – as identified in the relevant privacy policy. Whenever necessary and/or instrumental to the purposes for which Personal Data have been collected, your personal data may be processed by other entities appointed by the Data Controller for this purpose and belonging to the following categories:

  • Other God’s True Cashmere affiliates;
  • Companies, consultants and professionals providing assistance and/or consulting, or performing related services that are instrumental to data processing (g., service providers, freight forwarders, IT maintenance technicians, etc…)

Your personal data shall not under any circumstances be disseminated to unknown persons.

You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by writing to: privacy@godstruecashmere.com.

Your submission of personal information through the Website is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Website (the “Privacy Policy“). These Terms and Conditions incorporate by reference the terms and conditions of the Privacy Policy.

Links to other Websites

The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. GTC has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, GTC cannot control these websites and external sources. Hence, GTC cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, GTC cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.

Security

The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of GTC may be able to access or intercept transmissions or private communications without GTC’s permission or knowledge. GTC makes every possible effort to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and GTC cannot be held liable for any breach of security which is not directly attributable to negligence on the part of GTC.

Acceptance of terms and conditions of use

By accessing this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.

You agree to indemnify and hold GTC harmless from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.

Applicable Law and Jurisdiction

You agree that by accessing this Website you accept California, United States jurisdiction. These Terms and Conditions of Use shall be governed by and construed in accordance with California law and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Los Angeles County or Central District of California, as applicable.

It is also understood that, with respect to the correct interpretation of these Terms and Conditions of Use, in the event of any discrepancy between the original Italian language text and any translation into another language, the Italian original text shall be deemed the binding version.

Last updated on September 1, 2022

Terms and Conditions of Sale

The following General Terms and Conditions of Sale govern the offer and sale of products on our website godstruecashmere.com (the “Website”). The products purchased on godstruecashmere.com are sold by God’s True Cashmere LLC (the “GTC”).

Any inquiries should be addressed to our Customer Care service. For further assistance, please go to our Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on the Website.

For any other legal information, please visit the following sections of the Website: General Terms and Conditions of Use, Privacy Policy and Return Policy.

Our Business Policy

  • GTC offers products for sale on the Website and its e-commerce business services exclusively to adult users of the Website who are at least eighteen (18) years of age (the “Users” or “you”) for personal use and not for resale.
  • GTC reserves the right not to process orders for any or no reason, including without limitation orders that do not comply with GTC’s business policies, such as orders for which there are reports or suspicion of fraudulent or illegal activity. In such cases, the order will be considered null and void, and GTC will inform the User in writing that the order will not be filled.
  • These General Terms and Conditions of Sale regulate only the offer, transmission and acceptance of orders relating to products on the Website between the User(s) and GTC.
  • The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties whose links, banners or other hypertext connections are posted on the Website. Before placing orders and/or purchasing products and/or services from third parties, we recommend that you review their respective terms and conditions and other applicable policies. Under no circumstances shall GTC be deemed liable for services supplied by third parties or for e-commerce transactions entered into by the Users with third parties.

Placing of Orders

  • To purchase one or more products on the Website, you must fill out the online order form and send it electronically to GTC, following the applicable instructions. After this, you will receive an email from GTC acknowledging receipt of your order.
  • Before completing the purchase of your products, we ask that you carefully read these General Terms and Conditions of Sale in full and the Return Policy. We also suggest that you print a copy using the print option and keep it for your records. Before completing your purchase, on the order confirmation page, we will provide you with:
    • a link to these General Terms and Conditions of Sale and the Return Policy;
    • a summary of the main characteristics of each product ordered and an itemized list of each product’s unit price (including all applicable fees and taxes);
    • the total amount to be paid and the applicable terms of payment;
    • available payment methods;
    • shipping methods, name of carrier, mode of transportation, place of delivery and shipping and delivery costs (including any additional fees you may be charged if you choose expedited shipping or shipping different from standard shipping);
    • any additional charges payable to a third party which amount cannot be determined by GTC (such as customs duties);
    • the currency in which amounts are expressed;
    • the estimated delivery date of the products; and
    • our return policy (including any costs associated with the return of products).
  • When you proceed with submitting the order form, you are obligated to pay the price indicated therein as set forth herein. Before submitting the order form, you will be asked to identify and correct any possible input errors.
  • The order shall be deemed completed when GTC receives your order form electronically, the order information has been verified as correct and GTC accepts the order by sending an electronic purchase order receipt containing the General Terms and Conditions of Sale, a summary of the Return Policy, and all the information contained in the summary of commercial and contractual conditions displayed before submitting the order. GTC shall not be bound to supply any products which may have been part of your order until the order of such products has been confirmed in the shipment confirmation email.
  • You may access your order form in the “My Orders” section. The information contained in the order form will be kept in our system only for the time required to process your order and as otherwise required by applicable law.
  • Orders are processed in the order they are received. GTC may not process orders that are incomplete or incorrect, or if the products are no longer available. In this event, we shall inform you via email that GTC has not processed your purchase order, specifying the reasons thereof. If the products displayed on godstruecashmere.com are no longer available or for sale at the time your order is received, then GTC shall inform you of the unavailability of the ordered products within thirty (30) days from the day you submit your order to GTC. GTC reserves the right not to process orders in the cases outlined
  • By submitting an order form, you unconditionally accept the provisions of these General Terms and Conditions of Sale, as well as the other Website policies, including the General Terms and Conditions of Use, Privacy Policy and Return Policy. Should you not agree with certain provisions of these General Terms and Conditions of Sale or any other Website policies, please do not submit your order form for the purchase of products on the Website.

Products and Prices

  • The Website exclusively sells GTC branded products purchased directly by GTC from the fashion house and/or authorized manufacturers. GTC reserves the right to modify or discontinue any product offered for sale on the Website at any time without notice.
  • The main characteristics of the products are shown on each product page on the Website. The images and colors of the products offered for sale on the Website are shown for information purposes only and may not correspond exactly to the actual appearance, size and color of the garments, due to among other things the settings of your Internet browser or monitor used.
  • Prices are subject to change. Please check the final price before sending your order form. The prices for the products shall be as quoted on the Website from time to time, except where there is an apparent error. All prices listed on the Website are in the currency that corresponds to your browsing preference on the Website (i.e., prices are quoted in United States dollars if you are browsing on the United States version of the Website and in Canadian dollars if you are browsing on the Canadian version of the Website). In the event of a recognizable error payment, GTC will reject the order and contact the user to offer them the opportunity to purchase the product(s) at the correct price or to cancel the order. If we are unable to contact you, the order will be treated as canceled. Prices do not include sales taxes, which will be added at checkout. The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment and applicable law. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.
  • GTC will not accept orders from countries not listed on the Website.
  • Payment of the price of the products, shipping and delivery costs must be made using one of the methods indicated on the order form. Shipping and delivery costs are non-refundable, except as specifically stated in GTC’s Return Policy.
  • If paying by credit/debit card, your credit card information, such as credit card number and expiration date, will be sent via an encrypted protocol to the banks which provide remote electronic payment services to GTC. Except as provided in GTC’s Privacy Policy, these details will not be used by GTC except for processing your purchase order, issuing refunds in the event any products are returned, or for reporting cases of fraud on the Website to the competent authorities. The price of the products, shipping and delivery costs and applicable sales taxes indicated on the order form will be charged to your account when GTC is ready to ship the products.

Shipping and Delivery

Once your order is shipped, we will email you a shipping confirmation with a tracking number to enable you to track your package at all times. For information about product shipping and delivery procedures, please visit the Customer Care area. Please read the Customer Care section carefully, as the information provided therein is an integral part of these General Terms and Conditions of Sale and, therefore, you will be deemed to have read and accepted them when you submit your order. Delivery dates indicated in any order form or order confirmation are estimates only and shall not be deemed a representation by GTC. GTC will not be liable for failure to ship or deliver the products as estimated, and you will not be entitled to any refunds or cancellation of orders as a result of delayed shipment. Title and risk of loss to the products passes to you upon delivery to your designated location by a common carrier.

Customer Care

If you have any questions, please contact our Customer Service before placing your order. For more information, please visit the Customer Service area.

Return Policy

Please click here for details of our Return Policy, which is part of these Terms and Conditions of Sale.

Limitation on Liability

GTC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON THE ORDER CONFIRMATION. GTC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA. NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT GTC IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, GTC’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT. CERTAIN STATE LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Privacy Policy

  • You will find information on how we process your personal data in our Privacy Policy.
  • If you haven’t already done so, please also read our General Terms and Conditions of Use since they contain important information on the security systems used by GTC.
  • For further information on our Privacy Policy, you can contact our Customer Service, by selecting “Privacy”, or send a request to GTC’s office.

Force Majeure

GTC shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

Errors and Inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on the Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and you have received the email confirming receipt of the order, and to change or update information at any time without prior notice.

Governing Law and Dispute Resolution

These terms are governed by California Law. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of Los Angeles, State of California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

Amendments and Updates

GTC may amend or update all or any part of the Website policies including these General Terms and Conditions of Sale at any time in its sole discretion. Any amendments or updates to the General Terms and Conditions of Sale shall be effective upon publication in their respective sections of the Website. Please access the General Terms and Conditions of Sale on the Website regularly in order to check whether the General Terms and Conditions of Sale have been updated. If any provision of any part of these General Terms and Conditions of Sale shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining General Terms and Conditions of Sale.

Last updated on September 1, 2022

INDEMNITY

The Seller shall indemnify, defend and hold the Purchaser, its agents, consignees, employees, and representatives harmless from and against all claims, demands, liabilities, loss, damages, expenses, proceedings, actions or causes of action or government inquiries, including reasonable attorneys’ fees and expenses and costs (collectively, “Claims”) by reason of, arising out of, or in any way connected with this Order, including the breach of any representation, warranty or covenant hereunder and, as applicable, the negligent performance of services hereunder); provided, however, that Seller shall not be obligated to indemnify Purchaser with respect to Claims due to the sole negligence or willful misconduct of Purchaser (other than where the Purchaser’s negligence consists of its failure to discover a condition caused or permitted to exist by the Seller or any subcontractor of Seller).

TERM AND TERMINATION

The term of this Order shall be as specified or, if not specified, for such period of time as required for Seller to fully perform its obligations hereunder. Purchaser may terminate this Order in whole or in part at any time prior to manufacture of the Products. If Purchaser has made advance payment for any items, Seller shall promptly reimburse Purchaser for items to the extent not delivered or performed subsequent to the effective date of any such termination. Except as otherwise provided herein, the rights and obligations of the parties hereto shall survive any termination or cancellation of this Order.

TAXES, ETC

Except as may be otherwise provided in this Order, the contract price includes all applicable federal, state and local taxes. The Seller shall be required to obtain and pay for any licenses, permits, and inspections by public bodies required in connection with the items.

SPECIFICATIONS, ETC

Any specifications, drawings, notes, instructions, engineering notices, or technical data referred to in this Order shall be deemed to be incorporated by reference the same as if fully set forth herein. The Purchaser shall at all times retain title to all such documents and Seller shall not disclose such to any party other than the Purchaser or a party duly authorized by the Purchaser. Upon the Purchaser’s request or upon completion and delivery of the items, the Seller shall promptly return all such documents to the Purchaser.

REMEDIES

Any right or remedy granted to the Purchaser in any part of this Order shall not be exclusive of, but shall be in addition to, any other rights or remedies granted in another part of this Order and any other rights or remedies that the Purchaser may have at law or in equity in any such instance.

ASSIGNMENT

Seller may not assign this Order or any right thereunder without the prior written consent of Purchaser. Purchaser shall have the right to assign this Order or any right hereunder.

SEVERABILITY

In the event that any word, phrase, clause, sentence, or other provision hereof shall violate any applicable stature, ordinance or rule of law in any jurisdiction in which it is used, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.

COMPLIANCE WITH LAW

Seller warrants that all items and work furnished hereunder shall be produced and furnished in compliance with all applicable federal, state and local laws, orders, and regulations.

GOVERNING LAW; DISPUTES

This Order and the transaction(s) contemplated hereunder shall be governed exclusively by the laws of the State of California without regard to the choice of law principles thereof. All actions or proceedings arising in connection with, touching upon or relating to this Order and the transaction(s) contemplated hereunder, the breach thereof and/or the scope of the provisions of this paragraph shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator who shall be a retired judge, in accordance with California Code of Civil Procedure §§ 1280 et seq. Seller irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to Purchaser, its parents, subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.

PUBLICITY

Seller shall not, without prior written consent of Purchaser, make any news release, public announcement, denial or confirmation of this Order or its subject matter, nor in any manner advertise or publish the fact that Purchaser has placed this Order.