LAST UPDATED: July 11, 2011
The term "use" and variations thereof mean and include access, interaction, sending and receiving information, downloading and uploading, posting, browsing, making purchases (if applicable), obtaining customer service and engaging in any other activity or using the features and functions of the Site, as a visitor, registered user or otherwise. In addition, we may refer to you, as "user", "you" or "your" and may refer to Hanesbrands (including our subsidiaries, affiliates, brands and operating units) as "we", "us" or "our". We also sometimes refer to third parties, such as our suppliers, operational service providers, co-sponsors, promotional partners and others and we will just use the term "third parties" when we refer to them.
Under this Agreement, we grant you a limited, revocable, non-transferable right to use the Site for your personal, noncommercial use. You obtain no other rights, interest or claim to the Site or any aspect of the Site at all.
Your rights include the right to create a hypertext link that leads from another website or webpage with content, material or information (collectively, including, but not limited to, the content, material and information, the "link") to our Site, so long as: (a) the link only incorporates text and not our or anyone else's trademarks; (b) you do not replicate Site content; (c) the link does not suggest any affiliation with, representation of or endorsement by, us or does, or is likely in our judgment to, cause confusion among consumers; (d) the link does not portray us, our products or services in a false, misleading, derogatory, or offensive manner and does not adversely affect our goodwill and reputation, and (e) links are not embedded into or otherwise contained within frames representing your website unless you have our separate permission to do so. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
In order to use certain features and functions of the Site, you may be asked to register (you can generally pick your own user name) and provide certain information about yourself, which you agree to input, update and maintain accurately and completely as long as you are a registered user. During the registration process, you will create a password. You are responsible for the confidentiality of your password, which, combined with your user name, form a unique user identification ("ID").
The Site is proprietary to Hanesbrands and Hanesbrands either owns or has the right to use all names, logos, brands, trade names, service and trademarks which appear on the Site, as well as all of the icons, characters, artwork, designs, images, graphics, music, games, text, software, databases and all copyrightable or otherwise legally protected elements of the Site including, without limitation, the selection, sequence and 'look and feel' and arrangement of items ("Content"), and all programming, codes, scripts in any form and format associated with or applicable to the Site ("Code"). All Content and Code are included within the meaning of the term "Site" and the Site is protected by copyright and other intellectual property laws. We require users to respect all laws and regulations that apply to our Site, just as we respect the rights of others. We will act expeditiously to remove content on the Site that we are notified infringes the copyright of others and, without limiting our remedies or actions, we have the right to block and disable use of our Site by anyone who repeatedly infringes the rights of others or violates this Agreement. We take protection of rights, our own and others, very seriously and we employ multiple measures to prevent infringement on our Site and to attempt to promptly end any infringement when it comes to our attention.
THIRD-PARTY CONTENT AND WEBSITES
This Site may contain references, URLs, links and other material related to or associated with websites, content, information and/or material of third parties, and third-party sites, such as Facebook, may host and display our branded social media fan pages. You should understand that we do not control, are not responsible for, do not monitor or endorse, and, simply put, have no obligation or responsibility, and do not incur or accept any liability for them, including, without limitation any information submitted by you or any other individual to one of our social media fan pages. These third parties, not us, are solely responsible for their websites, content, information and materials and their terms and conditions, including any privacy policies or statements, and all of their goods and services even if any one or more of our logos or sponsorship identification may be used by them, whether as part of a co-branding or promotional arrangement or otherwise.
PRICING, AVAILABILITY, ORDERING AND SHIPPING
Prices on our Site are in U.S. dollars, for U.S. purchasers only. We cannot ship to addresses outside the U.S. possessions and territories and APO and FPO (Air/Army Post Office or Fleet Post Office) boxes, and purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered, pass to you when we deliver the goods to the carrier for shipment.
You acknowledge and agree there may be unintentional inaccuracies, omissions or errors regarding price, offers, descriptions, promotions, availability or other matters and except as provided by law, we will not be held liable for these, but we will promptly correct them when brought to our attention. Goods may be out-of-stock or discontinued and prices are subject to change and, of course, we must reserve the right to limit the quantity of items purchased, to change and update information, as well as simply cancel orders you may have submitted (even if you received an automated confirmation), if information on the Site is found to be inaccurate. The Hanesbrands' products described in this Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in our Site will be available for purchase in all jurisdictions.
Product information is for information purposes only and although we make every effort to display products (including their colors) as accurately as possible, sometimes your computer and monitor settings can affect what you see when you look at the Site. Consequently, we cannot guarantee you will accurately be able to see the actual colors and specific features in every case.
SUBMISSION OF IDEAS
Don't send us any of your original ideas (each, an "Idea"). If you do, you are agreeing that your submission is entirely voluntary, non-confidential, gratuitous, and non-committal. We have no obligation to treat any Idea as confidential or proprietary and we have the right to use or disregard, in whole or in part, any Ideas. We will not be liable for the use of any Ideas nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Idea you submit. If you submit an Idea to us, we will have the right to use, exploit and do with the Idea as we determine, without notice or compensation, as if the Idea was original and proprietary to us.
Portions of the Site may provide you with the opportunity to submit, post, display, transmit, exchange or otherwise make available ("Post") information, opinions, testimonials, questions, electronic cards ("e-cards"), send-a-friend emails, comments, messages, graphics, photographs, caricatures, likenesses, animation, spoken statements, music, audio, video, voice reproductions, computer graphics, visual effects or any other material, content or information (each, a "Posting"). By Posting to the Site, you grant us an irrevocable, worldwide, royalty-free, unconditional and unrestricted, perpetual right and license to use your Posting, in any form or format, through any transmission mechanism(s), in whole or in part, in or on any and all media, whether now known or hereafter invented, discovered or devised, alone or together or in combination with other things. You forever waive and relinquish all rights, including moral rights, if any, applicable to your Posting and if you Post anything, you agree to any additional terms and conditions that may apply and that you are required to agree to in the process of obtaining the right to Post on our Site. Please be careful what you Post and do not Post anything you do not want to become public, because you have no expectation of or right to privacy with regard to any Posting.
You represent and warrant that each Posting:(i) is original to you or you have obtained all required rights, licenses and releases required to comply with the terms of this Agreement, including, without limitation, the rights granted to us, (ii) does and will not, violate this Agreement nor infringe upon, misappropriate or violate the rights of any other party or any law or regulation; (iii) is not harassing, obscene, libelous, tortious or otherwise unlawful, nor intended to injure, defame or cause damage or hurt of any kind to any other party; and (iv) may be used by us as permitted in this Agreement, without notice, royalty or any other payment, liability or obligation of any kind whatsoever.
Postings are the sole responsibility of the person from which a Posting originated and a Posting made under your ID will be attributable to you and you will be responsible, even if you personally did not make the Posting. Postings do not reflect the views of Hanesbrands but we do reserve the right (although we have no obligation), to monitor, edit or screen Postings. We also reserve the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). Without limiting our remedies or rights of action in any manner, if we determine you have or may breach this Agreement, we may, without notice, at any time and from time to time (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement. Our Site has a limited and finite capacity and we also may limit use for operational and other reasons. As a result, some Postings may not be transmitted or Posted and we have no obligation to you and assume no responsibility for Postings.
You agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) contain a virus, spyware, or other harmful component, (v) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vi) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Site should be sent ONLY to our Designated Agent. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, BILLING QUESTIONS, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your Notice of Claimed Infringement must include the following:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Without limitation, we will treat any user who has made 3 or more Postings for which we receive a notice of infringement as a ‘repeat infringer' and we will terminate that users right to use our Site. If you are a repeat infringer, you shall not use our Site, nor attempt to establish a new account under any name, real or assumed.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Information on our Site is available for convenience only and even "expert" responses to questions are general in nature and not a substitute for professional advice. You acknowledge that people answering questions on this Site, including those referred to as "experts," have varying levels of expertise and have not been certified as "experts" by us and certainly not for the possible range and nature of questions that may be posed by you or others. We have not and do not verify any credentials, capabilities or experience and their responses should be used only for informational purposes. Before you act on or rely upon any information on or from our Site, you should independently confirm any facts that are important to your decision and consult professionals chosen by you. IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY INFORMATION BEFORE ACTING ON, USING OR RELYING UPON IT.
We operate the Site from the U.S. and it is possible some downloads from the Site could be subject to government export controls or other restrictions. If you download anything from or using our Site, you represent you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States and using our Site from territories in which such use or the Content available from such use is illegal, restricted or not permitted, is expressly prohibited.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE IS AVAILABLE "AS IS," AND "AS AVAILABLE". YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. WE HAVE NO DUTY TO UPDATE OR MODIFYTHE SITE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.
IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR THIRD PARTIES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, THE USE OF THE SITE OR OUR AGREEMENT WITH YOU CONCERNING THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF (A) ONE HUNDRED FIFTY DOLLARS (US$150.00) OR (B) THE TOTAL AMOUNT OF PURCHASES (INCLUDING TAXES AND SHIPPING AND HANDLING) FROM THE SITE IN THE PAST SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE ON WHICH THE CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
You agree to indemnify and hold us and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys' fees), resulting from your use of the Site and/or any violation of the Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. In addition, we may, at any time and from time to time, revise the Agreement we have with you. We will post revisions on our Site or otherwise notify you, and the revisions will be effective as soon as we post them or on the date in the notice or posting. If you do not wish to be bound by the revised Agreement or at any time you no longer agree with all the terms and conditions that apply to you, as described in the Agreement, then your sole remedy shall be to discontinue any further use of this Site.
You are always bound by the terms and conditions that apply at the time of your use of our Site and you should periodically visit this page to review them so you know the terms and conditions that apply to you. Your continued use of our Site means that you accept and fully agree to the terms and conditions that apply at the time of your use.
Questions concerning the use of the Site should be directed to us by email at: email@example.com or by mail to WebMaster, Hanesbrands Inc., P.O. Box 2030, Bethania, NC 27010 or by calling (800) 662-6048. When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) so that we may handle your request correctly.
If any provision of the Agreement is held invalid or unenforceable, it shall not affect the enforceability of the rest of the Agreement. You may be subject to additional terms and conditions when you use or purchase certain goods or services and you will be notified and required to accept and agree in order to use or purchase them. If we fail to act or enforce any particular terms or conditions of this Agreement, it does not constitute a waiver and shall not limit our rights with respect to that or any other breaches. The Agreement, including any additional terms and conditions, shall be governed by and construed in accordance with the laws of North Carolina law and the Federal laws applicable therein, without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of our Site must be brought in a state or federal courts sitting in North Carolina, and you consent to the exclusive personal jurisdiction of such courts. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with this Agreement, or your use of the Site must be asserted individually. We have the right to obtain equitable relief from a court of competent jurisdiction, including, without limitation, injunctions, restraining orders, and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient. This Agreement is the entire agreement between you and us regarding the subject matter and supersedes any and all prior or inconsistent terms and conditions and this Agreement can only be modified in writing signed by an authorized representative of Hanesbrands Inc.