Terms
Welcome to the Jockey.com Web Site ("Site"). Please review the following basic
terms that govern your use of and purchase of products from our Site. Please note
that your use of our Site constitutes your agreement to follow and be bound by those
terms (the "Agreement").
General
We may from time to time change the terms that govern your use of our Site. Your
use of our Site following any such change constitutes your agreement to follow
and be bound by the terms as changed. We may change, move or delete portions of,
or may add to, our Site from time to time.
Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, and written and other materials that appear as
part of this Site www.jockey.com, (collectively, the "Contents") are copyrights,
trademarks, trade dress and/or other intellectual properties owned, controlled
or licensed by Jockey International, Inc. collectively, and its subsidiaries
and/or affiliates ("Jockey.com, Inc."). This Site is owned by Jockey.com, Inc.
Unauthorized use of our protected properties is prohibited. You may not modify
in any way any part of the Site or the information and data listed. No portion
of these materials may be reprinted, copied or republished in any form without
the prior written permission of Jockey. You may, however, download and copy items
such as store locations or product descriptions displayed for personal,
non-commercial use only.
No right, title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of, or exploit in any way,
in whole or in part, any of the Contents, the Site, or any related software.
Trademark Credits
JOCKEY, jockey.com, the Jockey Figure Designs, BEING, and all other trademarks and
logos used in this Site are trademarks of Jockey International, Inc. All other
trademarks, product names and company names or logos cited in the Site are the
property of the applicable Merchant or other third party owner. Lycra® is a
registered trademark for spandex fiber made only by INVISTA NORTH AMERICA S.A.R.L.
Intera® is a registered trademark of Intera Technologies, Inc. AOL is a
registered trademark of America Online, Incorporated.
User Comments, Feedback, and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to Jockey.com on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site
(collectively, "Comments") shall be and remain Jockey.com Inc.'s property.
Such disclosure, submission or offer of any Comments shall constitute an assignment
to Jockey.com of all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Jockey.com will own exclusively all
such rights, titles and interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. Jockey.com is and shall be under no obligation
(1) to maintain any Comments in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of
any third party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you make.
You agree that Jockey.com may use and/or disclose information about your demographics
and use of the Site in any manner that does not reveal your identity. By participating
in Site sweepstakes, contests, promotions, and/or requesting promotional information
or product updates, you agree that Jockey.com may use your information for marketing
and promotional purposes.
Jockey.com's Communications to You
You agree that Jockey.com may send electronic mail to you for the purpose of advising
you of changes or additions to this Site, about any of Jockey.com's products or
services, or for such other purpose(s) as Jockey.com deems appropriate. Our server
cannot automatically collect the e-mail addresses of visitors who do not provide them
to us. If you choose to provide us with your e-mail address and then wish to be taken
off our mailing list, simply write to us from your email account. Send e-mail to
'remove@jockeycomfort.com' and ask that you be removed from our list.
Product Information
Jockey products are available at better department and specialty stores, as well as
at Jockey stores; however, availability of the products displayed on this Site is subject
to the supply of each particular store. All product descriptions and offerings are
subject to change by Jockey at any time without notice.
The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective
only in the United States.
Links to Other Sites
When you click on a product title or on an icon, colored text or logo for a particular
store or merchant (a "Merchant") which appears on a page of the Site, you are transported
to that individual Merchant's Web site (the "Merchant Site") or an online ad for the
Merchant (a "Merchant Ad"). Each Merchant owns and operates its own Merchant Site and each
Merchant Site and the accuracy of the information on the Merchant Site is the sole
responsibility of that Merchant. In addition, the accuracy of the information and content
of each Merchant Ad is the sole responsibility of the Merchant. Each Merchant is responsible
for updating the content and information in the Merchant Site and Merchant Ads, including the
prices for and descriptions of the Merchant's products and services. Links to Merchant Sites
and Merchant Ads do not constitute an endorsement by Jockey.com of the Merchant Sites or
Merchant Ads or the products or services listed in the Merchant Sites or Merchant Ads. You
acknowledge that Jockey.com is providing these links to you only as a convenience, and agree
that Jockey.com is not responsible for the content of the Merchant Sites or Merchant Ads. From
time to time Merchants may add or delete products or services listed on this Site.
Colors
We have made every effort to display as accurately as possible the colors of our products that
appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources, the availability
and content of which Jockey.com does not control, any concerns regarding any such service or
resource, or any link thereto, should be directed to the particular outside service or resource.
Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE
OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF OUR SITE, AND THAT JOCKEY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Indemnification
You agree to defend, indemnify and hold Jockey.com harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising from or related to your use of
the Site.
Miscellaneous
Unless otherwise specified and except to the extent JOCKEY.COM products are offered for sale
in the United States through this Site, this Site and the Contents thereof are displayed solely
for the purpose of promoting Jockey.com's products and services available in the United States
and select foreign markets. This Site is controlled and operated by Jockey.com from its offices
in Kenosha, Wisconsin. This Agreement shall be construed in accordance with the laws of the State
of Wisconsin, without regard to any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by the state and federal courts of the State of Wisconsin,
County of Kenosha.
Termination
This Agreement is effective unless and until terminated by either you or Jockey.com. You may
terminate this Agreement at any time. Jockey.com also may terminate this Agreement at any time
and may do so immediately without notice, and accordingly deny you access to the Site, if in
Jockey.com's sole discretion you fail to comply with any term or provision of this Agreement.
Upon any termination of this Agreement by either you or Jockey.com, you must promptly destroy
all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials,
whether made under the terms of this Agreement or otherwise.