TERMS & CONDITIONS OF USE
JA Apparel Corp., doing business as Joseph Abboud ("Joseph Abboud," "us", "our", or "we") maintains its site ("Site") to inform you about its many offerings. In using our Site, you agree to these Terms and Conditions. Joseph Abboud may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as changed. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.
Proprietary Rights. The Site is protected under United States intellectual property law. The various trademarks, trade names, logos, service marks, product names, and company names (the "JA Trademarks") appearing on this Site include trademarks registered with the United States Patent and Trademark Offices, and other Trademark Offices worldwide, and those not registered, which registered and unregistered Trademarks belong to JA Apparel Corp., its parent, affiliates, licensors and/or vendors ("IP Owners"). You further acknowledge and agree that the IP Owners own all legal right, title and interest in and to the JA Trademarks, text, graphics, photographs, video, thumbnails, images and all other materials ("JA IP") on this Site are copyrights, trademarks, or other intellectual property owned, licensed or otherwise controlled by IP Owners. Joseph Abboud authorizes you to view the JA IP on this Site, and to download and make a single copy of all or a portion of the JA IP only for your personal noncommercial use. You may not otherwise copy or download JA IP, and may not modify, use or distribute the JA IP, this Site or any related software in any way unless you obtain the written permission of Joseph Abboud. In the event you download JA IP as permitted under this Terms & Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the JA IP. If you violate these Terms and Conditions, your permission to use the JA IP terminates, and you agree to immediately destroy all copies of the JA IP.
Limited License. You may access and view the content on the Site on your computer or other device, and make single copies or prints of the content on the Site at your own risk and for your personal, non-commercial and internal use only. Use of the Site and the services offered on or through the Site, are only for your personal, non-commercial use. You may not use the Site, or any JA IP for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
Prohibited Uses. This Site may not be used (a) to transmit, distribute, store or destroy material, including without limitation Site content, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. This Site may not be used for any illegal purpose or in any manner that would subject JA Apparel Corp., its parent or affiliates, or any of the users of the Site to liability.
You agree that you will not use this Site for any of the following: (a) providing JA Apparel Corp. with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Site content posted by JA Apparel Corp. or any other person or entity without authorization; (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity conducted on this Site; (d) taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure; (e) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of this Site, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (f) using or attempting to use, without JA Apparel Corp.?s permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from JA Apparel Corp. on this Site and other than generally commercially available third-party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (g) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site; (h) aggregating, copying or duplicating in any manner any of the Site content or information available from this Site, except as otherwise expressly allowed by these terms and conditions; or (i) framing or linking to any of the Site content or information available from this Site without the permission of JA Apparel Corp. When providing JA Apparel Corp. with feedback or other information, you agree to do so in a manner that does not infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy, publicity or other personal rights of others.
You are prohibited from violating or attempting to violate the security of this Site, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of this Site, host or network, including without limitation, via means of submitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines or software code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or by any activity of overloading, "flooding," "spamming," "mailbombing" or "crashing" this Site or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services through this website or to other users of this Site; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting relating to this Site.
Right to Limit / Deny Access. JA Apparel Corp., on behalf of itself or itself and its parent and affiliate companies, reserves the right to prohibit any user further access to its Site for violating these terms and conditions or any law. JA Apparel Corp. may take any action with respect to user-conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for JA Apparel Corp., damage the image of JA Apparel Corp., cause harm to others, cause JA Apparel Corp. to lose (in whole or in part) its Site; or cause JA Apparel Corp. to lose (in whole or in part) the services of its ISPs or other suppliers.
Third Party Links. JA Apparel Corp. provides links to third party websites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by JA Apparel Corp., and JA Apparel Corp.assumes no responsibility for the content of any sites linked to this Site. JA Apparel Corp. is further unable to inspect or confirm that the JA IP contained on the sites that are linked to this page are correct in every case. From time to time there may be information on the Site that is inaccurate or incomplete, or that contains typographical errors. JA Apparel Corp. may change information on the Site at any time without prior notice.
Limitation of Liability / Indemnification. JA Apparel Corp. wants you to browse this Site freely. However, you do so at your own risk. JA Apparel Corp. has no liability or responsibility to users of this Site for the activity of other users. You further acknowledge and agree that JA Apparel Corp. is not responsible or liable for damages of any kind (including but not limited to direct, indirect, incidental, consequential or punitive) related to your use of the Site. You agree to defend, indemnify, and hold JA Apparel Corp. harmless from and against any and all claims, damages, costs and expenses, including without limitation, attorneys' fees, arising from or related in any manner to your use of the Site or any of the JA IP.
JA Apparel Corp. makes no claims that the JA IP are appropriate or may be downloaded outside of the United States. Access to the JA IP by certain persons in certain countries may not be legally allowed. If you access the JA IP outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
JA Apparel Corp. provides the information on the Site on an "as-is" basis, without any warranties of any nature. JA Apparel Corp. disclaims all express and implied warranties, including merchantability, non-infringement and fitness for a particular purpose. In no event will JA Apparel Corp. be liable for any loss of profits, business, use or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. JA Apparel Corp. may make changes to the JA IP and the product information and prices at any time without notice and without obligation to update the JA IP. YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SiteSite.
Submissions. JA Apparel Corp. welcomes your feedback at various places in the Site. You agree that when submitting feedback, you will not violate the rights of third parties, including without limitation, privacy, proprietary or intellectual property rights, and you will not submit libelous, obscene, abusive, or otherwise illegal materials.
Any communication or other material you send to the Site by e-mail or other means, including your questions or comments, is considered non-confidential. By sending communications to this Site, you grant JA Apparel Corp. a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, edit, distribute, perform and display any communication or other materials you transmit to the Site (and the ideas contained in such material) for any purpose, anywhere, including without limitation reproducing, posting or publicizing such material or using such material for marketing purposes.
This Site, including, but not limited to, these Terms & Conditions of Use and the Site's Privacy and Security Policy shall be construed and enforced in accordance with the laws of the State of California. Venue for any dispute regarding anything contained within and/or resulting from access to this Site shall lie exclusively the courts of the County of Alameda, California.