Terms and ConditionsPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEB SITES. YOUR USE OF ANY OF OUR WEB SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE OUR WEB SITES.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site, Haggar.com Lifekhaki.com (the "Sites"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Haggar Direct, Inc. ("HAGGAR", "we" or "us") and our service providers who assist us with the hosting, maintenance, operation and management of our Sites make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Sites at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from our Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
2. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on our Sites. All purchases from our Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from our Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to ensure that information on our Sites is complete, accurate and current. Despite our efforts, the information on our Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our Sites. For example, products included on our Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on our Sites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Use of our Sites
You may use our Sites only as permitted by the Terms and Conditions and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
You agree not to use any "deep-link", "robot", or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of our Sites, or in any way reproduce or circumvent the navigational structure or presentation of our Sites, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through our Sites. We reserve the right to take measures to prevent any such activity.
You agree not to gain or attempt to gain unauthorized access to any portion or feature of our Sites, or any other system or network connected to our Sites or to any of our business partners' servers, systems or networks, by hacking, "password-mining" or using any other illegitimate method of accessing data.
You agree not to probe, scan or test the vulnerability of our Sites or any network connected to our Sites, nor breach the security or authentication measures on our Sites or any network connected to our Sites. You agree not to reverse look-up, trace or seek to trace any information on any other visitor to our Sites, or any other customer of HAGGAR, including any shopping account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to, Personally Identifiable Information ("PII") or other information that reasonably could be used to connect non-PII to PII.
You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of our Sites or our systems or networks, or any systems or networks connected to our Sites or to us in an attempt to overwhelm our systems to create a "Denial of Service" or similar attack.
You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of our Sites or any transaction occurring on our Sites, or with any other person's use of our Sites.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our Sites or any service offered on or through our Sites. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
5. User Communications and User Content
You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that HAGGAR shall be under no obligation (1) to maintain any User Communication in confidence; (2) to pay compensation for any User Communication; or (3) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable.
You represent and warrant that any content you submit in User Communication is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. You warrant, certify and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence, subject to the next paragraph; and you grant the right to HAGGAR to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms and Conditions.
In addition to the User-Generated Content Rules set forth in Section 6, below, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from our Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
6. User-Generated Content Rules
If you post information on our Sites, you are solely responsible for each User Communication that you post on our Sites or transmit to other users and agree that you will not hold HAGGAR responsible or liable for any User Communication from another user that you access on our Sites. Moreover, HAGGAR, reserves the right to delete any User Communication from our Sites.
Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe:
- is defamatory, abusive, obscene, profane or offensive; or
- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on our Sites), including any party's right of publicity or right of privacy; or
- violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or
- is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or
- promotes or encourages violence against a person or damage to or destruction of property; or
- is inaccurate, false or misleading in any way; or
- is illegal or promotes any illegal activities; or
- promotes illegal or unauthorized copying of another person's copyrighted work or links to them or provides information to circumvent security measures; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You understand that when using our Sites, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.
7. Copyrights. The design of our Sites and all text, graphics, information, content, and other material displayed on or that can be downloaded from our Sites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of our Sites are © 1999-2009, GSI Commerce Solutions, Inc. or its affiliates and suppliers. The contents of our Sites are © 2009, Haggar Clothing Co., GSI Commerce Solutions, Inc. or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from our Sites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
8. Copyright and Trademark Rules (DMCA)
We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of our Sites to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, our Sites in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you believe that your work has been copied and posted on our Sites in a way that constitutes copyright infringement, please provide our Designated Agent (contact information below) with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on our Sites;
- your address, telephone number, and, if possible, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The foregoing information ("DMCA Notice") should be sent to our "Designated Agent" as follows:
HAGGAR CLOTHING CO.
Attn: General Counsel
11511 Luna Road
Dallas, TX 75234
Fax: (214) 956-4561
If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and your believe that your content is not infringing, then you may send a counter-notice ("DMCA Counter-Notice") to our Designated Agent containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state courts of Dallas, Dallas County, Texas, and the federal courts of the Northern District of Texas, Dallas division, Dallas, TX, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a DMCA Counter-Notice is received by our Designated Agent, HAGGAR may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) to fourteen (14) business days. Unless the alleged copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the DMCA Counter-Notice, at HAGGAR's sole discretion.
9. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on our Sites are registered and unregistered trademarks, trade names and service marks of HAGGAR. Other trademarks, trade names and service marks used or displayed on our Sites are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on our Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on our Sites without the written permission of HAGGAR or such other owner.
10. Accounts, Passwords and Security
You agree to notify HAGGAR immediately of any actual or potential unauthorized use of your Account ID, account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by HAGGAR or any other user of or visitor to our Sites due to someone else using your Account ID, password or account.
You may not use anyone else's Account ID, password or account at any time without the express written permission and consent of the holder of that Account ID, password or account. HAGGAR cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
11. Linking to our Sites. Creating or maintaining any link from another Web site to any page on our Sites without our prior written permission is prohibited. Running or displaying our Sites or any information or material displayed on our Sites in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to our Sites must comply with all applicable laws, rules and regulations.
12. Third Party Links. From time to time, our Sites may contain links to Web sites that are not owned, operated or controlled by HAGGAR or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from our Sites, you do so entirely at your own risk.
13. DISCLAIMERS. YOUR USE OF OUR SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HAGGAR NOR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH OUR SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR SITES MAY BE OUT OF DATE, AND NEITHER HAGGAR NOR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (i) the amount paid by you for your use of our Sites during the prior twelve (12) months or (ii) ten dollars ($10).
You agree to defend, indemnify and hold harmless HAGGAR and its affiliates and service providers, and their respective officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys' fees and expenses) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your User Communications, (iii) your use of materials or features available on our Sites (except to the extent a claim is based upon infringement of a third party right by materials created by HAGGAR) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
14. LIMITATIONS OF LIABILITY. Neither HAGGAR nor any of our affiliates or service providers assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing our Sites, or your downloading of any information or materials from our Sites. IN NO EVENT WILL HAGGAR OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF OUR SITES, 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 USE OF OUR SITES, ANY WEB SITES LINKED TO OUR SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH OUR SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH OUR SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR SITES.
15. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of our Sites.
16. Choice of Law; Jurisdiction; Severability; Waiver; Dispute Resolution. These Terms and Conditions supersede any other agreement between you and HAGGAR to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to our Sites will be brought only in the courts of Dallas, Dallas County, Texas or the United States District Court for the Northern District of Texas, Dallas Division, Dallas, Texas. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms and Conditions. Our rights and remedies under the Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Any claim arising out of, or relating to, the Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between HAGGAR and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
17. Termination. You or we may suspend or terminate your account or your use of our Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of our Sites at any time without notice.
18. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at 1-877-841-2219.