VF IMAGEWEAR, INC.
Last Modified Date: February 27, 2014
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We will not be liable for any losses caused by any unauthorized use of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations. You understand that by using the Website you consent to having your personally identifiable information collected, used, transferred to and processed in the United States.
Our Intellectual Property Rights
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of VF Imagewear. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without our prior written permission or the written permission of such third party owner. If you wish to make use of any material on the Website other than that set out in this section, please contact us by clicking on the Contact link on this Website’s home page.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure (including, without limitation, participating in a denial-of-service attack against the Website); (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information, including account names, from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein; or (xiii) using the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other content you transmit or post to this Website in any manner ("User Content") is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. We shall have no obligation to use, return, review, or respond to any User Content, and we will have no liability related to such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable in our sole and absolute discretion.
In addition to the foregoing, you may not post or transmit in connection with this Website any User Content that:
- you do not have the right to post, including proprietary material of any third party;
- would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
- consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is abusive, vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Website;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- infringes any Proprietary Rights (defined below) or other right of any entity or person, including violating anyone’s rights of publicity or privacy;
- violates any law or may be considered by us in our sole discretion to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- amounts to a "pyramid" or similar scheme;
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above; or
- contains any information or content that you know is not correct and current.
We take no responsibility and assume no liability for any User Content that you or any other third party posts or sends over the Website. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content.
In connection with your User Content, you affirm, represent and warrant the following:
- We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Proprietary Rights.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS VF IMAGEWEAR AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VF IMAGEWEAR OR LAW ENFORCEMENT AUTHORITIES.
User Content License Grant
You hereby grant to us (and our successors and affiliates) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, photos, or any other User Content you communicate through this Website, and to incorporate any User Content in other works in any form, media, or technology now known or later developed. We will not be required to treat any User Content as confidential, and may use any User Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future business operations.
We actively encourage and request that you submit testimonials relating to your personal experiences with VF Imagewear apparel or this Website (a "Testimonial"). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration, to the use of your likeness, voice, name (limited only to your first name, first initial of last name, city and state) and/or any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing/sales print advertising, or Website content including, without limitation, this Website, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet. You specifically agree that any Testimonial may be reproduced orally using a third party. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial. This Testimonial consent supersedes and replaces any and all prior or contemporaneous agreements, understandings or arrangements, whether oral or written, previously made between the parties regarding, and constitutes the entire understanding of the parties with respect to, any Testimonial. This Testimonial consent may not be modified, changed, altered or amended except by written agreement of both parties. We reserve the right to use persons other than the person submitting the Testimonial to vocalize or act out a Testimonial or to create its own Testimonial based on adaptations or compendiums of Testimonials.
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Website;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
VF Imagewear, Inc.
545 Marriott Drive, Suite 200
Nashville, TN 37214
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any Proprietary Rights of others, whether or not there is any repeat infringement.
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 incomplete, inaccurate or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. 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. 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.
Third Party Links to Other Websites
From time to time, this Website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We do not assume any responsibility for any content, materials, or other information located on or accessible from any other website. We encourage you to read the privacy policies and terms and conditions posted on any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
Links, Frames, and Metatags
You may link to any page of this Website as long as the link does not cast us in a false or misleading light.
You may not use metatags or other “hidden text” that incorporates VF Imagewear trademarks, brands or our name to promote the sale of products that we manufacture. Any other use of these items is not allowed without our prior written consent.
Disclaimer of Warranties
THIS WEBSITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE "CONTENTS") ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE CONTENTS OF THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. VF IMAGEWEAR MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
ITEMS SHOWN IN INVENTORY ARE SUBJECT TO CHANGE AND AVAILABILITY. ALL ORDERS PLACED ON THIS WEBSITE ARE SUBJECT TO CREDIT APPROVAL. ACCEPTANCE OF ANY ORDERS PLACED ON THIS WEBSITE SHALL NOT BE DEEMED TO HAVE OCCURED UNTIL SUCH ORDERS ARE SHIPPED BY VF IMAGEWEAR. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VF IMAGEWEAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS, AND ANY PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability
IN NO EVENT WILL VF IMAGEWEAR, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS ON LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
THE WEBSITE IS CONTROLLED AND OPERATED FROM FACILITIES IN THE UNITED STATES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE WEBSITE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT.
Limitation on Time to File Claims
Waiver and Severability