PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR SERVICES.
This agreement ("Agreement" or "Terms of Use") between you and Warnaco Inc. a division of The Warnaco Group, Inc. ("Warnaco" or "Company") located at 501 7th Avenue, New York, New York, 10018, sets forth the terms and conditions which apply to the use by you of Warnaco.com or other sites owned and operated by Company (collectively, "Services"). Without limiting the forgoing, you agree not to use the contents of the Services for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Services to any other person unless specifically permitted by Company.
If you do not understand or do not accept the provisions, do not use the Services. Your use of the Services shall be deemed to constitute your acceptance of this Agreement and all of Company’s rules and restrictions related to the Services, as they may change from time to time.
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The content of the Services includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content original to Company are protected by copyright. Third-party content providers own the copyright in content that is original to them. WARNACO® and related marks and designs are trademarks and service marks of Warnaco U.S., Inc. All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, including Company. All rights are reserved. Use of any of our trademarks, service marks, or names as metatags on other websites is prohibited. You may not display our Services or content in frames or "in-line links" without express written permission from Company (send email requests to Webadmin@Warnaco.com). All worldwide right, title, and interest in and to the site and its contents are owned by Company or used with permission.
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content of our Services, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of Company and the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services.
Company does not solicit submissions, creative materials, ideas, or suggestions other than those Company specifically requests. All comments, feedback, suggestions, ideas, artwork, and other submissions disclosed, submitted, or offered to Company on or by this site or otherwise disclosed, submitted, or offered in connection with your use of this site shall be and remain Company’s property. Such disclosure, submission, or offer shall constitute an assignment to Company of all worldwide right, title, and interest in all copyrights and other intellectual properties in the material, as non-confidential, royalty-free, and in perpetuity.
You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services. Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others; is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful; is invasive of privacy or publicity rights or other personal rights of others; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Company or by third-party content providers in connection with third-party content, software or services available on or through the Services. Warnaco has absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation.
You agree not to, and not to attempt to, circumvent any access or use restrictions, data encryption, or content protection related to the Services; data mine the Services; and in any way cause harm to or burden the Services. You agree that you will not post on or transmit through the Services any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without Company's express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Company with respect thereto. You further agree not to use the Services, or any element or portion thereof (including, without limitation, email addresses of users), for any commercial purpose whatsoever. You agree not to use the Services in any way that abuses, defames, stalks, annoys, threatens, or violates the rights of privacy, publicity, intellectual property, or other legal rights of others (now or hereafter recognized) or to post, publish, distribute, disseminate, or upload any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful matters, including, without limitation, information, topics, names, or other material.
Without limiting the forgoing, you agree to not:
Always use caution and common sense when using the Services, especially when giving out any personally identifying information or with respect to financial information or transactions.
Company has the right, at any time, to:
(a) add, change, or discontinue any aspect or feature of the Services, including, but not limited to, content, financial terms, availability, and equipment needed for access or use;
(b) impose, change, or modify its terms and conditions applicable to your use of the Services, or any part thereof;
(c) impose, change, or modify the terms and conditions of this Agreement ("Changes").
Such Changes shall be effective immediately upon notice by posting the Changes on Company’s site or by any other method of notice Company deems appropriate. Any use of the Services by you after notice of the Changes constitutes acceptance by you of such Changes.
From time to time, there may be information on this site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience this may cause you.
The Services may contain links to external locations (e.g., other websites, etc.) and the ability to access external portions of the Internet or otherwise. You agree that Company is not responsible for the availability of these external locations and their content, including, without limitation, solicitations thereon or products or services made available thereby. You agree to access external locations at your own risk. You agree that Company shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster, and to Webadmin@warnaco.com.
Company hereby grants you a non-exclusive, limited licensee, revocable at Company’s discretion, for you to link to Company’s home page from any site that is not commercially competitive to Company and does not criticize or otherwise injure Company, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or unlawful information or other material. All of Company’s rights and remedies are expressly reserved. You agree not to "deep-link" to the site, meaning that you will not create, post, display, publish, or distribute any link to any page other than the home page of the site for any purpose, unless specifically authorized by Warnaco in writing to do so. If you want to link to the site in this manner, please contact the site's Webmaster at Webadmin@warnaco.com. You agree not to create any frames at any other websites pertaining to or using any of the content located at the site for any purpose, unless specifically authorized in writing by Warnaco to do so.
You understand that we cannot and do not promise, guarantee, or warrant that files you download through the Internet will be free from viruses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. We assume no responsibility for your use of the Internet.
The content of the site may not be complete or up-to-date and should not be used to replace any other statements or notices provided by us. Information obtained by using this site is not exhaustive and does not necessarily cover all relevant issues.
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY AND ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS.
All of the information on this site is current only as of the date it is posted.
WARNACO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, HEREAFTER IN THIS HEADING, "WARNACO") WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WARNACO TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO WARNACO.
You will indemnify and hold Warnaco and its contractors ("Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of content from the site other than as expressly authorized by us in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use. You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection herewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by any third parties arising out of your use of this site.
If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms of Use.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any email messages, publishing, or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS WARNACO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WARNACO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WARNACO OR LAW ENFORCEMENT AUTHORITIES.
You agree that Company shall have the right, but not the obligation, to monitor the content of the Services and the use of the Services by you and other users (including, without limitation, by keystroke capture) to determine compliance with this Agreement and for any other purpose deemed appropriate by Company and further that Company may use the information gathered during such monitoring for any purpose deemed appropriate by Company to the extent permitted by law. You further agree that, subject only to Warnaco.com’s Privacy Policy as it may change from time to time, personal data provided by you to Company may be used, to the extent permitted by law, for any purpose Company deems appropriate and may, within Company's sole discretion, be given to our affiliates or third parties. You acknowledge that you understand that when you disclose personal information (e.g., user name, email address) on the Services, that information can be monitored, collected, and used by others and may result in unsolicited messages from other users or other third parties and that you consent to all such monitoring, collection, and use. If you object to our sharing of your personal information, you may opt-out by contacting us (see Warnaco.com Privacy Policy for details).
These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and us arising from use of the Services. The parties to these Terms of Use each agree that, subject to the arbitration requirement, the exclusive venue for any dispute between the parties arising out of or relating to Company or these Terms of Use will be in the state and federal courts in New York, New York; provided that Company may elect to bring an action against you in any applicable jurisdiction if you fail to submit to jurisdiction and venue in New York, New York, or to enforce any award or order. You agree that any suit, action, or proceeding arising out of or relating to this Agreement or any of the transactions contemplated herein or related to Warnaco (including, without limitation, statutory, equitable, or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association ("AAA"); provided, however, that notwithstanding the parties’ decision to resolve any and all disputes arising under this Agreement through arbitration, Company may seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions hereof or the decision of the arbitrator. The arbitration shall be held in New York, New York. The arbitrator shall apply the substantive laws of the State of New York, shall issue a written decision, and shall have the power to award any legal remedies except for punitive damages. The parties will split the arbitrator’s fee. You irrevocably waive any rights to bring or participate in any class action related in any way hereto.
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. We may revise these Terms of Use at any time.
Company operates and controls the site from its offices in New York, New York, in the United States of America. Company makes no representation that the site is appropriate or available in other locations. Accordingly, those who choose to use or access this site from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable. These terms and conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all Materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise) obtained from this site. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Company if, in our sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon such termination, you must destroy all Materials obtained from this site, and all copies thereof, whether or not made under the terms of this Agreement. This Agreement contains the entire understanding of you and Company, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except by a writing signed by an authorized signatory for Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Complaints, Notices, and Official Address:
Company takes the intellectual property rights of others very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material on our Services infringes any rights, including copyrights or trademarks, owned by you or by an owner for which you are authorized to act, please send the specific details of your claimed infringement via either email or letter to the contact listed below.
Warnaco Inc.
501 7th Avenue
New York, New York 10018
(Attn: Website Complaints)
Email: Mindy Novack (Intellectual Property concerns only)
DO NOT SEND ANY INQUIRIES UNRELATED TO INTELLECTUAL PROPERTY INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
All correspondence unrelated to intellectual property infringement should be sent to Webadmin@warnaco.com.
In your notification, please include the following information:
1. Identification of the copyrighted work(s) claimed to have been infringed and statement of ownership to such work(s);
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
4. 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 the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.
Last updated: August 10, 2007
WARNACO® and all characters, logos, names and all related indicia are service marks or trademarks of The Warnaco Group, Inc. and its wholly owned subsidiaries, or they are provided by third parties under license or permission.
© 2003-2008 Warnaco Inc.
Use of this site signifies your acceptance of the Terms of Use, Privacy Policy Terms.