ARIALAPPAREL.COM
WEB SITE TERMS AND CONDITIONS OF USE
Important Legal Information
Overview:
The following rules and regulations apply to all visitors to or users of the Web site, the home page of which is at www.ArialApparel.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified at any time and posted on this Web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the ArialApparel.com Web site and its contents (including without limitation, all text, photographs, images, video and audio) are the exclusive property of Arial Apparel and/or one of its subsidiaries and affiliates, including without limitation, Arial Apparel, LLC, Inc. (hereinafter, all collectively referred to as "AA") and are protected by copyright, trademark, trade dress and other laws.
Limited License:
The ArialApparel.com Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Arial Apparel as a service to its current and prospective customers and visitors to the Web site and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Web site or any of its Materials without our AA prior written permission; (b) you may not access or use the ArialApparel.com Web site for any competitive or commercial purpose; and (c) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. AA may revoke this limited license at any time for any or no reason. All rights not AAly granted are reserved by AA.
Trademarks:
AA retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of AA and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the ArialApparel.com Web site. Your misuse of the trademarks displayed on the ArialApparel.com Web site is strictly prohibited. You are also advised that AA will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
This Web site may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than AA. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with AA.
Linking:
Periodically, links may be established from this Web site to one or more external Web sites or resources operated by unrelated third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the ArialApparel.com Web site. These links should not necessarily be deemed to imply that AA endorses the Third Party Sites or any content therein.
AA does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and AA will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Special Notice:
AA has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any ArialApparel.com Web page is prohibited absent AA written permission from AA. Framing, inline linking or other association of the ArialApparel.com Web site or its Materials with links, advertisements and/or other information not originating from the ArialApparel.com Web site is prohibited absent AA written permission from AA.
Disclaimer of Warranty:
Access to the ArialApparel.com Web site is provided to our visitors "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether AA or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. AA reserves the right to block or deny access to the Web site to anyone at any time for any reason.
Jurisdiction:
AA controls this Web site from its offices within the State of Florida. AA does not imply that the Materials published on this Web site are appropriate for use outside of the United States. If you access this Web site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web site shall be governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions.
Your Communications:
AA shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to AA through the Web site shall be subject to the Web site's
Privacy Policy.
Limitation of Liability:
IN NO EVENT WILL AA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF AA IS AALY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Revisions:
AA may terminate, change, suspend or discontinue any aspect of this Web site, including the availability of any features of the Web site, at any time and without notice. AA also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. AA may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web site after any changes to these terms are posted will be considered acceptance of those changes.