Acland Apparel LLC Terms and Conditions

Acland Apparel Online Services

TERMS OF USE

 Welcome to the Acland Apparel Website operated by the Acland Apparel, LLC (“Acland”). This is an online service for purchasing goods and services is accessible and usable by persons who access the website “User.”  These terms and conditions govern use of this online service (“Terms of Use”). By accessing and using this online service, User is accepting, without modification, the terms, conditions, and notices contained in these Terms of Use or provided through this online service. If User does not accept these terms and conditions, User must discontinue use of this online service.

1.     Online Service Availability and Information.

  • Acland will use reasonable efforts to notify Users of anticipated outages for maintenance or any other reason via messages placed on the login page. Acland intends for this online service to be available 24 hours a day, 7 days a week, except for scheduled maintenance or circumstances beyond Acland’s control.
  • Acland may provide updates, enhancements, upgrades, or assistance to User in using this online service as a courtesy to User, but is not required to do so.
  • The unavailability of this online service does not impact User’s reporting, payment, or other obligations under applicable law, rule, or policy, if any.
  • Acland may provide communications electronically to User through this online service, including notices required under applicable law, rule, or policy. User agrees to electronic notification by email.

2.     Changes to this Agreement and this Online Service.

  • Acland may update these Terms of Use from time to time to modify, add, or remove terms without notice to User.
  • User accessing and using this online service after these Terms of Use have been updated means User agrees to the Terms of Use as modified. If User does not agree to these Terms of Use or to an updated version of these Terms of Use, Authorized User’s remedy is to discontinue use of this online service.
  • Acland intends to provide information on improvements and changes to this online service available on the login page. However, Acland may make changes to this online service without notice.

3.     User’s Representations and Obligations.

 

  • User represents and warrants that User is authorized to access and use this online service. User is responsible for ensuring information provided by User is accurate, complete, and up to date.
  • User shall establish and maintain a unique user ID and password. User shall maintain the confidentiality of User’s user ID and password. User is responsible for all activities that occur under User’s user ID. User shall notify Acland immediately if User’s password is lost or stolen, or access to User’s account is otherwise compromised or may be compromised. When notified, Acland will, to the extent it determines it is reasonable and to the extent Acland is able to do so, block access and transactions under User’s user ID and take any other steps it deems necessary to prevent unauthorized use of this online service.
  • User warrants to the Acland that User will not use this online service for any purpose that is unlawful or unauthorized. User shall not use this online service to obtain or attempt to obtain any materials or information not authorized or intentionally made available through this online service. This includes information or passwords required to access information of other accounts.
  • User specifically warrants and agrees not to use the online services to violate any applicable laws, statutes, regulations, or other rules governing junk mail communication, spamming, spoofing, use of obscene material or pornography, use of Acland or third-party intellectual property, or any applicable export control laws.
  • User further agrees and warrants through use of the Acland website and online services, User will not send mass unsolicited or unwanted communications or solicitations, use the Acland online services to transmit or post obscene, pornographic, violent, or other materials potentially harmful to minors, defame, slander, abuse, or violate the privacy or confidentiality of Acland or any other user, use the services in a manner which is offensive, harmful, violent, threatening, abusive, or hateful, use the services in a manner that introduces any virus, worm, or other source code anomaly to the website, engage in any fraudulent, deceptive or criminal behavior, or otherwise violate any of Acland’s rights or polices. Acland reserves the right to terminate User’s use of the online services or Acland’s website in its sole discretion for any objectionable use.
  • User is responsible for securing compatible hardware, equipment, and software, and a sufficient internet connection. User is responsible for complying with the licenses for these third-party products, including software and services that allow User to connect to this online service.
  • User shall not use this online service in any manner which could damage, disable, overburden, or impair this online service or interfere with any other person’s use or benefit of this online service.
  • User shall not use any content accessed through this online service in any country or in any manner prohibited by governing applicable law, rule, or policy.
  • User is responsible for and releases Acland and any of its affiliates, officers, directors, members, managers, employees, agents, and other representatives from any losses, costs, liabilities, and expenses (including attorneys’ fees) relating to or arising out of User’s use or misuse of this online service or violation of these Terms of Use.

4.     Authorized Use; Limitations.

  • User is hereby granted a non-exclusive, non-transferable, and revocable authorization to access and use this online service only in accordance with these Terms of Use and applicable laws and rules and policies.
  • All content provided through this online service, such as text, graphics, logos, images, as well as the compilation thereof, and the software used to provide this online service, is the property of Acland and its providers, partners, or suppliers. Such content and software are protected under law as intellectual property rights. User shall abide by all intellectual property rights notices and other restrictions contained on content accessed through this online service.
  • Use:
    • User shall not permit any unauthorized use of the service;
    • User shall not permit unauthorized disclosure of information contained in the online service;
    • User shall not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use for public or commercial purposes the content or software comprising this online service without the express written permission of Acland;
    • User shall not manipulate any URL or modify, publish, transmit, reverse engineer, participate in any unauthorized transfer or sale of, create derivative works of, or in any way exploit the content or software comprising this online service, or information made available through this online service;
    • User is only authorized to access this online service, view content, and make use of the services solely for activities related to purchase of online goods, products and services provided by Acland; and
    • If User becomes aware of any breach of the security of the online services or breach of User’s password, User shall immediately notify the Acland via email at [email protected] or through Acland’s customer service number at (512)565-2214.
    • User’s use of the online services may be subject to policies and terms of use of third-party partners and websites accessible through Acland’s website. If applicable, those policies may be available via such third-party websites.
  • If Acland at any time believes that this online service infringes a third party’s intellectual property rights, Acland may, in its sole discretion: 1) replace the infringing element(s) with a non-infringing element, 2) obtain the right to continue to use the infringing element, 3) modify the infringing element to be non-infringing, or 4) terminate this online service. The above actions taken are User’s sole remedy or remedies for any claim of infringement.
    • This remedy does not extend to any claim based on: 1) modification or redistribution of the content or software that comprises this online service, 2) use of this online service in a manner other than as contemplated in this Agreement, or 3) use of this online service in combination, operation or use with other products other than as contemplated by Terms of Use or User’s violation of Acland’s Terms of Use or Privacy Policy.

5.     Security, Confidentiality, and Intellectual Property.

  • User agrees that User’s use of this online service may be monitored to ensure proper performance of applicable security features and procedures. This monitoring may result in acquisition, recording, and analysis of data communicated, transmitted, processed, or stored in this online service.
  • User may submit personally identifiable information in order to use this online service. Acland’s use and disclosure of information submitted or created through this online service are governed by state and federal statutes and rules. User information is handled as it would be on an in-person visit to an Acland location. This includes User information, including personally identifiable information, being shared with Acland’s partners to provide services to User. These Terms of Use do not create additional obligations for Acland to protect information submitted by User or created by this online service.
  • “Acland” and/ or “Acland Apparel” are service marks of the Company, all rights reserved. The trademarks, logos, and service marks displayed on this web site belong to the Acland and/or its affiliates or third parties which have licensed those rights to Acland. Acland and its third-party partners retain all rights to such marks and nothing in these Terms of Use grants User or anyone else any right whatsoever to use the marks. User may not use, reproduce, or display any of Acland’s marks without Acland’s prior written consent. All other trademarks, product names, and company names and logos appearing on the Acland’s website are the property of their respective owners.
  • Unless expressly stated otherwise on the Acland website, User should assume that all content, images, and materials appearing on this website are the sole property of Acland. Both U.S. and international copyright and other intellectual property laws and treaties protect such content. User may not use, reproduce, display, or sell any Acland content without Acland’s prior written consent. User may not link to any page or frame any portion of Acland’s website in such a way as to remove, cover, alter, or obscure Acland’s marks or content or as would otherwise confuse viewers as to the origin of the content.

6.     Exclusion of Warranties; Limitation of Liability.

  • EXCLUSION OF WARRANTIES. Acland makes no warranties, representations, or promises regarding the fitness and efficacy of this online service. User expressly acknowledges that this online service is made available on an “as is” basis without any warranty of any kind, express or implied, and User expressly agrees that User accesses this online service and information available through it at User’s sole risk. Acland disclaims any implied warranties of merchantability or fitness for a particular purpose, including without limitation, any warranty regarding the use of this online service and the goods and services provided through the Acland website and their availability, correctness, quality, accuracy, completeness, reliability, performance, or otherwise and that any services will be uninterrupted, error free, or free from viruses, “Trojan horses,” or other harmful content. Acland does not have any responsibility to User to maintain this online service or to supply any corrections, updates, enhancements, upgrades, or releases.
  • LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT IS ACLAND, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER REPRESNTATIVES LIABLE IN ANY ACTION ARISING FROM OR RELATED TO THESE TERMS OF USE OR USE OF THIS ONLINE SERVICE, WHETHER BASED IN EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENTIONAL CONDUCT OR OTHERWISE, FOR:
    • ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES;
    • DAMAGES RELATING TO THE LOSS OF DATA, PROFITS, INCOME, OR GOODWILL, REGARDLESS OF WHETHER USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
    • ANY INTERNET OR TELECOMMUNICATIONS FAILURE, COMPUTER VIRUS, THIRD PARTY INTERFERENCE, OR ACLAND OR THIRD-PARTY SOFTWARE OR HARDWARE THAT MAY INTERRUPT OR DELAY ACCESS TO THIS ONLINE SERVICE OR ANY INTERNET SITE, OR CAUSE OTHER PROBLEMS OR LOSSES (COLLECTIVELY, A “NETWORK FAILURE”); OR
    • ANY FAILURE OF THIS ONLINE SERVICE THAT RESULTS FROM AN ACT OF GOD, WAR, PANDEMIC, CIVIL DISTURBANCE, COURT ORDER, LEGISLATIVE OR REGULATORY ACTION, CATASTROPHIC WEATHER CONDITION, EARTHQUAKE, FAILURE OR FLUCTUATION IN ELECTRICAL POWER OR OTHER UTILITY SERVICES, NETWORK FAILURE, OR OTHER CAUSE BEYOND THEIR CONTROL.
    • EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE LICENSE OR IN THIS AGREEMENT, ACLAND DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING ACLAND WEBSITE AND SERVICES, AND ACLAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND ANY THIRD PARTIES.
    • USER HEREBY RELEASES ACLAND FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. USER’S SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.
  • User agrees to fully defend and indemnify Acland, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of User or User’s agent(s) to fully comply with all duties, obligations and other provisions set forth in these Terms of Use, including, but not limited to, User’s representations and obligations set forth herein or User’s violation of a third party’s intellectual property rights. User further agrees to defend, indemnify and hold harmless  Acland, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of User or User’s agents in connection with the performance of these Terms of Use. User agrees that Acland shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
  • Governing Law, Compliance with Applicable Law. These Terms of Use are governed by and construed according to the laws of the State of Texas without regard to principles of conflict of laws. User will comply with all federal, state and local law related to the use of this online service. In no event may this section be construed as (1) a waiver by Acland of any form of defense or immunity, or (2) consent by Acland to the jurisdiction of any court.

7.     Non-Exclusivity. Any and all services which are or may be provided to User by Acland pursuant to these Terms of Use are not exclusive and nothing in these Terms of Use limit or restrict Acland from providing similar services and granting similar licenses to other users or third parties. Nothing in these Terms of Use shall limit or restrict Acland from engaging in any activities similar to User or in competition with User.

8.     Termination.

  • User’s authorization to use this online service remain in full force and effect until terminated by User or by Acland.
  • Acland reserves the right to terminate or suspend User’s authorization to use this online service at any time without prior notice and without any liability of any kind. Acland may, to the extent it determines it is reasonable and is able to do so, provide advance notice to User to cure any deficiency or breach of User’s obligations under these Terms of Use, but Acland is not required to do so. As more completely set forth in Section 6, User waives any and all claims User may have, now and forever, against Acland relating to any action taken under this Section 8, and User agrees to indemnify and hold Acland harmless from and against any claims brought by third parties as a result of user’s user of Acland’s website or online services.
  • Termination of the right to use the online service or these Terms of Use does not cancel any liability or obligation arising under these Terms of Use prior to termination.
  • Termination does not affect User’s reporting, payment, or other obligation under applicable law, regulation, or policy.
  1. Survival; Waiver. User’s rights under these Terms of Use and access to this online service cease upon termination, including if access is terminated in accordance with Section 7. Rights and obligations which expressly or by their nature survive termination do so survive, and include this section, and provisions regarding warranties and liabilities, intellectual property, confidentiality and non-disclosure, choice of law, jurisdiction and venue, order of precedence, third party beneficiaries, waiver, headings, and integration. Any failure by Acland to enforce any provision of these Terms of Use, or the waiver of any violation or nonperformance in one or more instances, does not constitute a waiver by Acland of that or any other provision, nor is it a waiver of any subsequent violation or nonperformance.