Welcome to Jockey.com ("Site"). This Site is owned and operated by Jockey International, Inc. or a Jockey subsidiary ("Jockey"). THESE TERMS GOVERN THE USE OF THIS SITE AND ALSO APPLY TO PURCHASES FROM JOCKEY RETAIL STORES AND FROM THE JOCKEY CATALOG. Any purchase constitutes your agreement to follow and be bound by these terms. Jockey may modify or change these terms at any time, without prior notice. Your use of this Site or any purchase in a Jockey Store following any such change constitutes your agreement to follow and be bound by the terms as modified. If at any time you do not agree to or fail to abide by these terms you are no longer permitted to use this Site or make purchases in Jockey Stores or from the Jockey Catalog.
User Comments, Feedback and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Jockey 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 the property of Jockey International, Inc. Such disclosure, submission or offer of any Comments shall constitute an assignment to Jockey of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Jockey 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 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. Jockey reserves the right to remove any user Comments from this Site, for any reason and at any time, at its sole discretion. This right imposes no affirmative obligation on Jockey to remove any comment, and you shall retain sole responsibility for the content of any Comments submitted by you to this Site whether or not Jockey chooses to exercise this right.
You agree that Jockey 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 may use your information for marketing and promotional purposes.
Jockey's Communications to You
Through your use of this Site you may be asked to provide Jockey with your personal E-Mail address. If you choose to provide your personal E-Mail address, you expressly agree that Jockey may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Jockey's products or services, or for such other purpose(s) as Jockey deems appropriate. If you provide us with your e-mail address and then wish to opt-out, you can:
Attention: Privacy Officer
Jockey International, Inc.
P.O. Box 1417 2300 60th Street
Kenosha, Wisconsin 53141-1417
Message and Data Rates may apply. By texting "JOCKEY" to 69644, or by signing up through our website, you are subscribing to receive promotional text messages from Jockey and its affiliates and subsidiaries at the mobile number you provided. You understand you are not required to provide any consent to receive text messages as a condition of purchasing goods or services through this Site. You also agree to receive a confirmation opt-out text from Jockey if you subsequently text "STOP" to 69644, or you unsubscribe through our website. You agree to receive up to 8 automated messages per month, which may include the latest updates on products, contests, special offers, polls and trivia. Finally, you also affirm you are 18 years of age or older, authorized to receive text messages to the mobile number you provided and responsible for any message or data rates that may be incurred. Powered by Attentive.
You can opt out of texts at any time by replying "STOP" to any texts you receive, or text "STOP" to 69644. Before changing your mobile phone number, you agree that you will opt out of Jockey Texts. To opt back in with your new mobile number, text "JOCKEY" to 69644.
For help related to texts, reply "JOCKEY HELP" to any text message received from Jockey, and its affiliates or subsidiaries, or text "JOCKEY HELP" to 69644.
Please consult your service agreement with your wireless carrier to determine your phone's pricing plan. This program may not be available on all mobile operators. Jockey may add or remove participating mobile operators without notice. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate. Check with your mobile operator.
Pricing and 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. Jockey strives to provide correct pricing information. However, in the event that pricing errors occur Jockey reserves the right to cancel any order containing pricing inaccuracies, regardless of the receipt by you of any order or shipping confirmation.
Jockey offers merchandise to consumers through this Site, its Stores, and its catalog. Jockey may from time to time, at its sole discretion, reject or limit quantities on orders placed by the same individual or account, orders placed by the same credit card, and/or orders placed using the same shipping or billing address. In addition, Jockey reserves the right, in its sole discretion, to reject any sale or order or limit the quantity of any purchase, to a reseller. A reseller is defined as any individual that purchases goods with the intention of selling them to others, and not solely for personal use. Notwithstanding anything to the contrary, Jockey does not offer additional discounts on any purchase made with the intent to resell.
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 or in the Jockey Catalog (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. 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.
JOCKEY, jockey.com, the Jockey Figure Designs, 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. All Lycra® is a registered trademark for spandex fiber made only by INVISTA NORTH AMERICA S.A.R.L.
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 connected 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. The accuracy of the information and content of each Merchant Ad, and on the Merchant Site, is the sole responsibility of the Merchant. Links to Merchant Sites and Merchant Ads do not constitute an endorsement by Jockey of the Merchant Sites or Merchant Ads or the products or services listed. Jockey is providing these links to you only as a convenience, and is not responsible for the content of the Merchant Sites or Merchant Ads.
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.
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 SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
JOCKEY SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR TO MAKE ANY PURCHASES IN JOCKEY STORES OR IN THE JOCKEY CATALOG. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT JOCKEY HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOCKEY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO JOCKEY.COM OR ANY JOCKEY STORE OR JOCKEY CATALOG, AND JOCKEY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Class Action Waiver
YOU EXPRESSLY AGREE THAT IN ANY CLAIM OR DISPUTE YOU MAY BRING AGAINST JOCKEY ARISING FROM THE USE OF THIS SITE, JOCKEY STORES, OR THE JOCKEY CATALOG, THAT YOU SHALL NOT JOIN YOUR SUIT WITH ANY OTHER USER OF THIS SITE OR CUSTOMER OF JOCKEY. YOU SHALL HAVE NO RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED ON A CLASS ACTION BASIS AND YOU SHALL ONLY BRING SUCH CLAIM OR DISPUTE IN YOUR INDIVIDUAL CAPACITY.
This Site is displayed solely for the purpose of promoting Jockey's products and services available in the United States. This Site is controlled and operated by Jockey through its offices in Kenosha, Wisconsin. This Site, its terms, advertisements, and offerings, including all purchases made through this Site or in any Jockey Store or Jockey Catalog, shall be construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. All claims and disputes shall be submitted to binding arbitration in the State of Wisconsin, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at the time the claim or dispute is submitted.