Terms of Use

Welcome to Jockey! These terms and conditions govern your access to and use of www.jockey.com and any other platform or application in which Jockey presents these terms and conditions (collectively with any content, shopping services, and community services provided by those platforms and apps, the “Platform”). The Platform is owned and operated by Jockey International, Inc. or a Jockey subsidiary ("Jockey"). THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE PLATFORM, JOCKEY'S SMS AND EMAIL MARKETING, AND ALSO APPLY TO PURCHASES FROM JOCKEY RETAIL STORES (INCLUDING COOPERS 12SOUTH) AND FROM THE JOCKEY CATALOGS/MAILERS. Please read the Terms carefully. By using the Jockey Platform, you accept and agree to the Terms. If you disagree with the Terms, please do not use the Platform and exit immediately.

Jockey may modify or change these Terms at any time, without prior notice. These changes will become effective when Jockey posts them. Your continued use of the Platform or any purchase in a Jockey store following any such change constitutes your agreement to follow and be bound by these 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 the Platform or make purchases in Jockey stores or from the Jockey catalogs/mailers.

THESE TERMS REQUIRE YOU TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS ACTION) BINDING ARBITRATION. SEE SECTION 23 BELOW. THE PROVISIONS IN THAT SECTION INCLUDE AN ARBITRATION AGREEMENT, A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, A CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND A JURY TRIAL WAIVER.

You must be at least 13 years old to access the Platform. If you are at least 13 years old but less than 18 years old, you can register for an account or use the Platform only after your parent(s), guardian, or legal representative has consented to these Terms. Jockey may, at all times, request written proof of such consent.

Please note Jockey's policy regarding resellers below. Jockey may terminate or suspend your account, delete your profile or any of your user content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Jockey, subject to applicable law. Any person or entity who interacts with the Platform through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Platform.

You may be required to register with Jockey in order to access certain services, rewards, offers, or other areas of the Platform. Jockey may refuse to grant to you the username you request. Your username and password are for your personal use only, and you will not share your username or password with any individual or third party (other than Jockey). You are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for the security and confidentiality of your password and account. You agree to immediately notify Jockey of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Platform and the services provided on the Platform.

You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without Jockey's express written permission. In addition, you agree that you will not: (i) take any action that imposes or may impose, in Jockey's sole discretion, an unreasonable or disproportionately large load on Jockey's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or (iii) bypass any measures Jockey may use to prevent or restrict access to the Platform.

Unlawful or Prohibited Uses

The Platform may only be used for lawful purposes in accordance with these Terms. As a condition of your use of the Platform, you warrant to Jockey that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

User-Generated Content - Information Control

All opinions, comments, feedback, posts, suggestions, ideas, remarks, artwork, graphics, photographs, links, questions, suggestions, information, videos, and other submissions and/or materials that you or other users of the Platform post, upload, transmit, send, display, or otherwise make available through the Platform, including, without limitation, any content or other data entered into any search fields, chat tools, or other areas of the Platform where you can submit content (“User-Generated Content”) are the sole responsibility of you or the person who provided that User-Generated Content. This means that you, not Jockey, are responsible for the User-Generated Content you post, upload, transmit, display, or otherwise make available through the Platform. You must not suggest, directly or indirectly, that Jockey endorses your User-Generated Content.

Jockey does not control User-Generated Content and does not guarantee the accuracy, integrity, or quality of any User-Generated Content. Furthermore, the User-Generated Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Jockey is not responsible for any User-Generated Content and will not be liable for any loss or damage caused by any User-Generated Content or your use of or reliance on it. By using the Platform, you may be exposed to User-Generated Content that you find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues, and foreign nationals. By using Jockey's Platform, you assume all associated risks.

By posting, uploading, transmitting, displaying, or otherwise making available User-Generated Content through the Platform, you agree that:

User-Generated Content - Your License to Jockey

User-Generated Content remains the intellectual property of the individual user. By posting, uploading, sending, transmitting, displaying, or otherwise making available User-Generated Content to Jockey or through the Platform, you grant Jockey a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User-Generated Content, in whole or in part, throughout the world in any form, medium or technology, whether now known or later developed, and to incorporate the User-Generated Content into any form, medium, or technology, now known or hereafter developed throughout the world, including, but not limited to, non-digital media and advertising channels, such as in-store marketing, all without compensation to you. For this reason, do not send Jockey any User-Generated Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.

Jockey may modify or adapt User-Generated Content, including in order to transmit, display, or distribute it over networks and to conform to the requirements of networks, services, or other media. Jockey or others may, in our sole discretion, refer to your name or other identifiers you provided when posting User-Generated Content. You promise that Jockey's publication and use of your User-Generated Content will not infringe the rights of any third party. Jockey is and shall be under no obligation (1) to maintain any User-Generated Content in confidence, (2) to pay to user any compensation for any User-Generated Content, or (3) to respond to any User-Generated Content.

All User-Generated Content that you post, upload, transmit, display, or otherwise make available through the Platform may be used by Jockey in accordance with Jockey's Privacy Policy. Jockey reserves the right to change, condense, delete, or refuse to post any User-Generated Content on the Platform 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 User-Generated Content submitted by you to the Platform whether or not Jockey chooses to exercise this right. Jockey does not guarantee that you can edit or delete any User-Generated Content you have made available in connection with the Platform. Jockey is not under any obligation to keep confidential the User-Generated Content that you make available through the Platform.

HSA/FSA Disclaimers

References on the Platform to certain products possibly being Health Savings Account (HSA) and Flexible Spending Account (FSA) eligible are provided as an educational resource only. You should check with your plan administrator to verify that such items are eligible for reimbursements under your plan. You should keep your order confirmation email handy to use as an itemized receipt, which may be required for reimbursement. Jockey does not accept FSA cards as a payment method on the Platform.

Jockey's Communications to You

By participating in Platform sweepstakes, giveaways, contests, promotions, the Jockey Rewards Program, and/or requesting promotional information or product updates, you agree that Jockey may use your information for marketing and promotional purposes.

Email:
Through your use of the Platform you may be asked to provide Jockey with your personal email address. If you choose to provide your personal email address, you expressly agree that Jockey may send electronic mail to you for the purpose of advising you of changes or additions to the Platform, about any of Jockey's products, services or promotions, or for such other purpose(s) as Jockey deems appropriate. You further acknowledge that Jockey's email messages are powered by Bazaar Voice, Bluecore, and/or Parcel Lab and you consent to Jockey's use of Bazaar Voice's, Bluecore's, and Parcel Lab's services (including Jockey providing Bazaar Voice, Bluecore, and Parcel Lab with your email address) to facilitate Jockey's email marketing program. If you provide Jockey with your email address and then wish to opt-out, you can:

To update your email preferences Click here

Text Messages:
These terms and conditions apply to text messages sent by Jockey (including, but not limited to, SMS messages). These messages can be recurring or one-time text messages. Through your use of the Platform, you may be asked to provide Jockey with your mobile number for transactional and marketing purposes. By signing up through the Platform, or by texting "BRIEF" to 79644 for U.S. carriers, 877-664-7895 for Canada carriers, you are subscribing to receive transactional and promotional text messages from Jockey and its affiliates and subsidiaries at the mobile number you provided and you agree to be bound by these Terms. Standard message and data rates may apply to any messages sent by Jockey or you. You represent and warrant that you have the authority to agree to receive text messages on the mobile number that you have provided to Jockey, or from which you sent the text request to Jockey.

You understand you are not required to provide any consent to receive text messages as a condition of purchasing goods or services through the Platform. You also agree to receive a confirmation opt-out text from Jockey if you subsequently text "STOP" to 79644 for U.S. carriers, 877-664-7895 for Canada carriers, or you unsubscribe through the Platform. You agree to receive up to eight (8) automated promotional/marketing text messages per week, which may include cart reminders, personalized offers or messages, and the latest updates on products, contests, special offers, polls, and trivia. In addition, you agree to receive transactional text messages which may include order confirmations, fulfillment updates, shipping updates, delivery notices, and other messages relating to your transactions with Jockey. The quantity of such transactional text messages will depend on the amount of transactions you have with Jockey. 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. You further acknowledge that Jockey's text messages are powered by Bluecore and you consent to Jockey's use of Bluecore's services (including Jockey providing Bluecore with your mobile phone number) to facilitate Jockey's text marketing program.

You can opt out of texts at any time by replying "STOP" to any texts you receive, or text "STOP" to 79644 for U.S. carriers or 877-664-7895 for Canada carriers. 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 "BRIEF" to 79644 for U.S. carriers or 877-664-7895 for Canada carriers. For help related to texts, reply "HELP" to any text message received from Jockey, and its affiliates or subsidiaries, or text "HELP" to 79644 for U.S. carriers or 877-664-7895 for Canada carriers. If at any time you forget what keywords are supported, text “HELP” to the text message you received. After you send the text message “HELP,” Jockey will respond with instructions on how to use its service as well as how to unsubscribe.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information you provide to Jockey as part of this service. Jockey may use an automatic dialing system to deliver text messages to you.

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. Pre-paid users may not be able to participate. Check with your mobile operator. Jockey will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. Further, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Jockey or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.

For customer service related to email, text messages, or any other communication you receive from Jockey, please call toll free to 1-800-562-5391, or for additional information, see Jockey's Privacy Policy.

Pricing and Product Information

Jockey attempts to ensure that information on the Platform is complete, accurate, and current. Despite Jockey's efforts, the information on the Platform may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable law, Jockey makes no representation as to the completeness, accuracy, or currency of any information on the Platform. For example, products included on the Platform may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Platform. Jockey products are available at department and specialty stores, as well as at Jockey stores; however, availability of the products displayed on the Platform at such locations is subject to the supply of each particular store. In addition, Jockey may make changes in information about price and product availability without notice. Further, all product descriptions and offerings are subject to change by Jockey at any time without notice. Jockey strives to provide correct pricing and product availability information. However, in the event that pricing and/or product availability errors occur, Jockey reserves the right to cancel any order containing pricing inaccuracies or unavailable product, regardless of the receipt by you of any order or shipping confirmation. While it is Jockey's practice to confirm orders by email, the receipt of an email order confirmation does not constitute Jockey's acceptance of an order or Jockey's confirmation of an offer to sell a product or service. Jockey reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Jockey also may require verification of information prior to the acceptance and/or shipment of any order and may require you to acknowledge that you are not placing an order for the purpose of reselling Jockey products.

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Platform. All purchases from the Platform are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Platform pass to you upon delivery of the items to the carrier.

Product Purchases

If you wish to purchase any product made available through the Platform (a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Jockey the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf and for fraud detection purposes. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. Jockey reserves the right, in its sole discretion, to impose conditions on the offering of any promotional code. Further, Jockey reserves the right, in its sole discretion, to cancel or refuse any order if a promotional code is fraudulent or in error (including errors made by Jockey).

Quantity Limitation / No Reselling

You may not use the Platform to purchase items for resale. 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, if Jockey determines in its sole discretion that you are purchasing items for resale, Jockey reserves the right, in its sole discretion, to reject any sale or order, limit quantities sold, refuse returns, refuse refunds, charge a restocking fee, close your account, and take any other action Jockey deems reasonable to restrict your current and future reselling of Jockey products. Jockey reserves the right to stop doing business with customers who violate Jockey's no-reselling policy. A reseller is defined as any individual that purchases goods with the intention of selling them to others, and not solely for personal use.

Rules for Promotions

Any sweepstakes, giveaways, contests, raffles, or other promotions (collectively, "Promotions") made available through the Platform may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as Jockey's Privacy Policy.

Platform Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Platform or in the Jockey catalogs/mailers (collectively, the "Platform Content" or “Content”) 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. Further, the collection, arrangement, and assembly of the Content is the exclusive property of Jockey and protected by U.S. and international copyright laws. Jockey and its licensors expressly reserve all intellectual property rights in all Content. The Platform may only be used for the intended purpose for which the Platform is being made available. Unauthorized use of Jockey's Content is prohibited. You may not modify in any way any part of the Platform or the information and data listed. No portion of the Content 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.

Except as authorized under copyright laws, you are responsible for obtaining permission before using any copyrighted material that is available on the Platform.

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 Content, the Platform, or any related software. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform and services offered by the Platform.

Trademark Credits

JOCKEY®, jockey.com®, the Jockey Figure Designs, and all other trademarks and logos used in the Platform are trademarks of Jockey International, Inc. All other trademarks, product names, and company names or logos cited in the Platform are the property of the applicable 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 Platforms

The Platform may contain links and interactive functionality interacting with the websites of third parties, including social media platforms. Jockey is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions of the Platform to communicate with any such websites or otherwise visiting any such websites, Jockey strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party platforms on the Platform do not constitute an endorsement by Jockey of such third-party platforms. Other platforms may link to the Platform with or without Jockey's authorization, and Jockey may block any links to or from the Platform. YOUR USE OF THIRD-PARTY WEB PLATFORMS AND RESOURCES IS AT YOUR OWN RISK.

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, Jockey hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://onguardonline.gov/. Please note that Jockey does not endorse any of the products or services listed on such websites.

Products, Colors, and Features

All features, Content, specifications, products, and prices of products and services described or depicted on the Platform are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Jockey has made every effort to display as accurately as possible the colors of Jockey's products that appear at the Platform. However, as the actual colors you see will depend on your monitor, Jockey cannot guarantee that your monitor's display of any color will be accurate.

Fees

For all charges for any products and services sold on the Platform, Jockey will bill your credit card or alternative payment method offered by Jockey. Any seasonal surcharges will be included in your order's delivery total and are non-refundable. If legal action is necessary to collect on balances due, you agree to reimburse Jockey for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all internet access services and telecommunications services needed for use of the Platform.

Disclaimer of Warranties

Jockey cannot and does not represent or warrant that the Platform, its servers, infrastructure, and services will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. Except as prohibited by applicable New Jersey law, neither Jockey, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials, or services provided on or through the Platform or (ii) makes any commitments or assumes any duty to update such information, materials, or services.

EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW, THE PLATFORM AND ALL CONTENT OF THE PLATFORM 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. FURTHER, JOCKEY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, AND IMPROPER PRODUCT SELECTION, EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW. JOCKEY MAKES NO WARRANTIES TO THOSE DEFINED AS CONSUMERS IN THE MAGNUSON-MOSS WARRANTY ACT. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM 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 THE JOCKEY PLATFORM, AND THAT JOCKEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE PLATFORM.

Legal Notice to New Jersey Residents

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Jockey's tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages if there is harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Jockey's failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

Release

Except as prohibited by applicable New Jersey law, if you have a dispute with one or more other users of the Platform, you release Jockey (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Indemnification

Except as prohibited by applicable New Jersey law, you agree to defend, indemnify, and hold harmless Jockey and its respective shareholders, employees, directors, officers, and agents from and against any and all claims, damages, costs, liabilities, fines, penalties, and expenses, including reasonable attorneys' fees, arising from or related to your breach of these Terms, your use of the Platform, or any purchases in Jockey stores or through the Jockey catalogs/mailers.

Force Majeure

Neither Jockey nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, pandemic, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages; inability to procure inventory; material increases in tariff or duties; or acts or omissions of common carriers.

Limitation of Liability

Your use of the Platform is at your own risk. You agree that Jockey's sole obligation to you is to provide the Platform “as is.” Except as prohibited by applicable New Jersey law, neither Jockey nor any of its employees, officers, directors, nor any of its agents or any other party involved in creating, producing, or delivering the Platform, shall be liable to you or to any third party for your use of, or the inability to use, the Platform and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Platform.

Except as prohibited by applicable New Jersey law, in no event will Jockey or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production, or transmission of the Platform, be liable to you or anyone else for any indirect, special, punitive, 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 the use of the Platform, any Platforms linked to the Platform and its Content, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions. NEW JERSEY RESIDENTS: With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Please refer to the Section above titled “LEGAL NOTICE TO NEW JERSEY RESIDENTS.”

If there is any problem with the Platform or any Content, you agree that your sole remedy is to cease using the Platform. If there is any problem with the products or services that you have purchased on or through the Platform, you agree that your sole remedy, if any, is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on the Platform. Except as prohibited by applicable New Jersey law, in no event shall Jockey's total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) US$100.00 or (b) the value of your purchase on the Platform.

Dispute Resolution - Arbitration, Class or Consideration Action Waiver, anbd Jury Trial Waiver

PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES (AS SET FORTH BELOW) THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION AWARDS ARE FINAL AND BINDING AND SUBJECT TO ONLY LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR IN LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with Jockey, its agents, and its present and future subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) any claim or action you may have against Jockey in connection with the Platform, Jockey's email marketing program, and Jockey's text/SMS marketing program; (2) any claim or action Jockey may have against you in connection with the Platform, Jockey's email marketing program, and Jockey's text/SMS marketing program; (3) any claim or action relating to your membership in any Jockey loyalty or rewards program; (4) any claim or action relating to any communications between you and Jockey; (5) any claim or action relating to your participation in a Jockey promotion or sweepstakes; (6) any claim or action relating to your purchase of products or services offered, sold, or distributed by Jockey including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such products and services; and (7) any claim or action to enforce these Terms or to object to these Terms. If you are a Jockey rewards member, Dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination of, the Jockey rewards program, including any claims that are the subject of purported class action litigation. Dispute shall include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disputes or claims seeking to enjoin the misuse of intellectual property rights, which may be brought in a court of competent jurisdiction.

Arbitration:
Neither you nor Jockey will be able to sue in court in connection with a Dispute. All Disputes (whether contracts, tort, or otherwise), including all statutory claims and disputes, must be resolved through binding individual (non-class) arbitration, except that you and Jockey are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, or (ii) disputes or claims where the only relief sought is injunctive relief. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in these Terms; (2) issues that relate to the scope, validity, or enforceability of the Arbitration Agreement, Class Action Waiver, Jury Trial Waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Terms and this Arbitration Agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Jockey agree that these Terms evidence a transaction in interstate commerce and that this Arbitration Agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law). You indicate your acceptance of these Terms, including this agreement to arbitrate, by continuing to use the Platform after having the opportunity to review these Terms.

You and Jockey intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.The rules in arbitration are different than the rules in court. There's no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would. More information on the rules in arbitration is provided below.

Informal Dispute Resolution:
First, Jockey would like to address any Disputes without the need for arbitration. If you have a Dispute with Jockey that is subject to arbitration, then prior to initiating arbitration, you agree to mail an individualized request ("Pre-Arbitration Demand") to Jockey International, Inc., P.O. Box 1417, Kenosha, WI 53141-1417, Attn: Legal Department, so that we can work together to resolve the dispute. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, telephone number, email address, and mailing address, (ii) the name, telephone number, mailing address, and email address of your counsel, if any, (iii) a description of your dispute, and (iv) your signature. Likewise, if Jockey has a Dispute with you, Jockey will send an email or mail with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address or mailing address associated with your account. If the dispute is not resolved within sixty (60) calendar days of the date that you or Jockey send your Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with the subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. You and Jockey agree that any Dispute subject to arbitration under this Arbitration Agreement not resolved informally must be filed in arbitration within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Arbitration Procedure:
The Federal Arbitration Act (“FAA”), including its procedural provisions, governs the interpretation and enforcement of this Arbitration Agreement, and not state law. If after completing the informal dispute resolution process discussed above, either you or Jockey wishes to initiate arbitration, the arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules & Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/, or, by mutual agreement of the parties after the arbitration is initiated, the JAMS Streamlined Arbitration Rules & Procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/ (collectively, “JAMS Rules”), as modified by this Arbitration Agreement, in effect at the time of arbitration, except as supplemented, where applicable, by the JAMS Mass Arbitration Procedures and Guidelines (the “JAMS Mass Arbitration Procedures”), available at https://www.jamsadr.com/mass-arbitration-procedures, as modified by this Arbitration Agreement. All sets of rules mentioned in the prior sentence are also available by calling JAMS at 1-800-352-5267. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted in Kenosha, Wisconsin, unless the parties agree to another location, by a single neutral arbitrator who shall be selected from an appropriate list of JAMS arbitrators in accordance with the JAMS Rules or JAMS Mass Arbitration Procedures. Any Dispute where the total amount sought is less than US$10,000 may be resolved through binding non-appearance-based arbitration conducted by telephone, online, written submissions, or any combination of the three, at the option of the party seeking relief. For Disputes where the total amount sought is US$10,000 or more, the right to a hearing will be determined by the arbitral forum's rules. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. This includes but is not limited to the ability of the arbitrator to award fees and costs if the arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith. The award of the arbitrator is final and binding upon you and Jockey. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. Your responsibility to pay any filing, administrative, and arbitrator costs will be as set forth in the applicable JAMS rules. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you may be entitled to a waiver of certain arbitration costs. Further, if the amount of the initial filing fee is more than you would have to pay to file a Complaint in the United States District Court for the Eastern District of Wisconsin (or, for cases where that court would lack original jurisdiction, the Kenosha County, Wisconsin, Circuit Court), Jockey will pay the difference between the initial filing fee and the amount you would have to pay to file a Complaint in Court. Otherwise, the JAMS Rules and/or JAMS Mass Arbitration Procedures shall govern the payment of arbitration fees, unless otherwise provided in this Arbitration Agreement.

Judgment on the award may be entered in any court having jurisdiction.

To the extent that a party commences any action which includes both Disputes and matters to which this Arbitration Agreement does not apply, consideration of such matters not subject to this Arbitration Agreement shall be stayed until the Disputes are fully arbitrated. Then, any such matters not subject to this Arbitration Agreement will be considered by any court of competent jurisdiction.

Mass Arbitrations:
If 75 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination, you and Jockey agree that the JAMS Mass Arbitration Procedures will apply. The JAMS Mass Arbitration Procedures are designed to facilitate the fair, expeditious, and efficient resolution of mass arbitration.

For any mass arbitration, JAMS will appoint a "process administrator" who will determine all preliminary and administrative matters as may be necessary to ensure the orderly and efficient resolution of the claims. This will include determining, among other things, whether each party has met the applicable filing requirements and conditions precedent to submit their claims to arbitration, and which demands for arbitration should be included as part of the mass arbitration proceeding.

All demands for arbitration included as part of the mass arbitration proceeding must be resolved in stages. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimant's counsel and Jockey will each select 5 cases (10 cases total), unless the parties agree to another number, to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and JAMS must not charge a case management fee or an arbitration appointment fee for those cases.

After this first stage of cases is completed, the parties must engage in a single mediation, before a retired federal or state-court judge (unless the parties agree otherwise), of all remaining cases, and Jockey will pay the mediation fee. If the parties cannot resolve the remaining cases after mediation, you and Jockey agree that the process administrator will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible.

Confidentiality:
To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.

Class or Consolidated Action Waiver:
YOU AND JOCKEY AGREE THAT, EXCEPT AS SPECIFIED ABOVE IN THE MASS ARBITRATION SECTION, ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS AND NOT AS A PRIVATE ATTORNEY GENERAL. CLAIMS OF MORE THAN ONE USER OR CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR CUSTOMER, EXCEPT AS SPECIFIED IN THE MASS ARBITRATION SECTION. This subsection does not prevent you or Jockey from participating in a class-wide settlement of claims. Notwithstanding any other provision of these Terms, the Arbitration Agreement, JAMS Rules, or JAMS Mass Arbitration Procedures, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IN SUCH CIRCUMSTANCES, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS PERMITTED TO PROCEED MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

Jury Trial Waiver:
YOU AND JOCKEY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Jockey are instead electing to have Disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Jockey over whether to vacate or enforce an arbitration award, YOU AND JOCKEY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Applicable Law and Venue:
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF WISCONSIN), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES BETWEEN YOU AND JOCKEY. UNLESS YOU AND JOCKEY AGREE OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STATE AND FEDERAL COURTS THAT ENCOMPASS KENOSHA COUNTY, WISCONSIN, SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES (EXCEPT FOR CLAIMS BROUGHT IN SMALL CLAIMS COURT) THAT ARE NOT SUBJECT TO ARBITRATION, THAT ARE OPTED OUT OF ARBITRATION PURSUANT TO THESE TERMS, OR OVER ANY ACTION THAT SEEKS TO ENFORCE OR CHALLENGE THE ENFORCEABILITY OF THE ARBITRATION AGREEMENT OR ANY PROVISION OF THE ARBITRATION AGREEMENT OR THESE TERMS. YOU AND JOCKEY CONSENT TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVE ANY OBJECTIONS AS TO PERSONAL JURISDICTION OR AS TO THE LAYING OF VENUE IN SUCH COURTS BECAUSE OF (1) INCONVENIENT FORUM OR (2) ANY OTHER BASIS OR RIGHT TO SEEK TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION TO ANOTHER COURT.

Right to Opt Out:
You may opt out of the foregoing Arbitration provision by notifying Jockey in writing within 30 days of the date you first used the Platform. To opt out, you must send a written notification to Jockey at Jockey International, Inc., P.O. Box 1417, Kenosha, WI, 53141-1417, Attn: Legal Department, that includes (i) your name, account username, address, telephone number and email address, and (ii) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration provision.

Future Changes to Arbitration Agreement:
If Jockey makes any future changes to this Arbitration Agreement (other than a change to our contact information), you may reject any such change by sending written notice to the following address within 30 days of the change to Jockey at Jockey International, Inc., P.O. Box 1417, Kenosha, Wisconsin, 53141-1417, Attn: Legal Department, that includes (i) your name, account username, address, telephone number and email address, and (ii) a clear statement indicating that you do not agree to the changed terms.

Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Jockey in accordance with this version of the Arbitration Agreement.

24. DMCA Notice – Notice & Procedure for Making Claims of Copyright Infringement

Jockey's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Platform can be identified and removed via the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Jockey's Legal Department the written information specified below. Please note that this procedure is exclusively for notifying Jockey that your copyrighted material has been infringed. Jockey does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Jockey will respond by either taking down the allegedly infringing content or blocking access to it. Jockey may contact the notice provider to request additional information. Under the DMCA, Jockey is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Jockey a counter-notification. Notices and counter-notices are legal notices distinct from regular Platform activities or communications. Jockey may publish or share them with third parties in its sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by regular mail, or email only. Jockey reserves the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us electronically at: Contact Us or call us toll free at 1-800-562-5391 (MON-FRI 7:00 a.m. - 8:00 p.m. CST, SAT-SUN 9:00 a.m. - 5:30 p.m. CST), or write to us at:

Attention: Privacy Officer
Jockey International, Inc.
P.O. Box 1417
Kenosha, WI 53141-1417

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.