To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to: Apparel Inc. We will reimburse those fees for claims totaling less than $10,000. Likewise, Apparel will not seek attorneys' fees and costs in arbitration. Unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith, we will reimburse your reasonable attorney's fees and costs for claims totaling less than $10,000 and agree not to seek attorneys' fees or costs from you. (In determining whether an action is frivolous, the arbitrator may consider whether we have offered full relief to you in relation to your individual claim, including but not limited to a full refund of the sum you paid for items you purchased from us.)
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If this class action waiver is found to be void or unenforceable, the dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Apparel WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Copyright Notice and use of Website. The design of This Website and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from This Website are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of This Website are © 2016, Apparel Inc. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from This Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit This Website. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, Apparel Inc. reserves the right to seek all remedies available by law and in equity. Apparel Inc. reserves the right to block or deny access to This Website to anyone at any time for any reason.
Trademarks. Apparel Inc. ("Apparel" or "we") and its affiliated companies retain all rights regarding its trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Apparel and its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of This Website. Your misuse of the trademarks displayed on This Website is strictly prohibited. You are also advised that Apparel will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on This Website are subject to change at any time without notice. Apparel makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on This Website at a particular time does not imply or warrant that these products or services will be available at any time.
Accuracy of Information. We attempt to ensure that information on This Website is complete, accurate and current. Despite our efforts, the information on This Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on This Website. For example, products included on This Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on This Website. In addition, we may make changes in information about price and availability without notice. Further, pricing information on other Websites that claim to represent correct pricing on This Website may not be correct or current. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. To the fullest extent permissible by applicable law, we reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Linking to This Website. Creating or maintaining any link from another Website to any page on This Website without our prior written permission is prohibited. Running or displaying This Website or any information or material displayed on This Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to This Website must comply with all applicable laws, rule and regulations.
Special Notice on Search Engine Optimization. Apparel and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Apparel.com webpage is prohibited absent express written permission from Apparel Inc. Framing, inline linking or other association of This Website or its suppliers' software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from This Website is expressly prohibited.
Third Party Links. Periodically, links may be established from This Website to one or more external websites or resources operated by third parties (the "Third Party SitesÃ¢Â€Â). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to This Website. None of these links should be deemed to imply that Apparel endorses the Third Party Sites or any content therein. Apparel does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Apparel will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Your Account. You may choose to create a Apparel account on This Website. If you do, you will have a password for your account. To protect your account, you should choose a password different from names, birthdays or street addresses associated with you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. To the fullest extent permissible by applicable law, you agree to accept responsibility for all activities that occur under your account or password. Apparel Inc. may revoke your right to have an Account at any time if you fail to comply with the Site Use Terms and Conditions.
User Conduct. You shall NOT do any of the following: (a) attempt to modify or "hack" This Website; (b) access any area on This Website which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of This Website; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of This Website; (f) access This Website through the use of an automated mechanism and extract data; and (g) jeopardize the operation of computer systems owned by Apparel Inc. or any of its affiliates or the reputation of Apparel Inc. or any of its affiliates.
DISCLAIMERS. USE THIS WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS ISÃ¢Â€Â WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Apparel, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE AND NEITHER Apparel, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW IN NEW JERSEY BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH LIMITATION OR PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, , OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. To the fullest extent permissible by applicable law, Apparel does not assume any responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from This Website. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Apparel, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE (EXCEPT IN NEW JERSEY WITH RESPECT TO THE AVAILABILITY OF TREBLE DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT), INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE TO CEASE USING THIS WEBSITE IMMEDIATELY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU ACKNOWLEDGE THAT Apparel HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH PRODUCTS OR SERVICES, AND YOU AGREE THAT YOUR SOLE REMEDY FOR BREACH OF WARRANTY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY. ALTERNATIVELY, YOU MAY SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES FROM Apparel IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICIES POSTED ON THIS WEBSITE.
Revisions to these Website Use Terms and Conditions. This Website's Use Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Website Use Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law. Certain provisions of these Website Use Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of this Website after any changes to these terms and conditions are posted will be considered acceptance of those changes.
Entire Agreement. These terms and conditions serve as the entire understanding and agreement regarding the subject matter of these terms. If any provision of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.