Terms of Use
These Terms of Use (the “Terms of Use”) apply to the gloves website located at gloves.com, and to other gloves Wear websites, if any, which link to these Terms of Use (collectively, the “Site”). The Site is the property of gloves , its subsidiaries and affiliates (collectively, gloves Wear) and its licensors. gloves Wear reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. If you fail to comply with all of the above requirements, your Notice may not be effective and we are not obligated to take any action related to the material you claim infringes. Please be aware that if you knowingly and materially misrepresent that any material or activity on the Sites is infringing your copyright, you may be held liable for damages (including for costs and attorneys’ fees) pursuant to Section 512(f) of the DMCA. It is our policy to disable and/or terminate access by users who are repeat infringers in appropriate circumstances.SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is 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, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. gloves Wear will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use 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 gloves Wear on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer). Where available, if you purchase from our Site or otherwise access some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of our use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Where available, you may be asked to choose a user name, password, or other information as part of our security procedures. You must treat such information confidential, and not disclose it to any other entity. You agree to notify us immediately of any unauthorized access or use of your user name or password or any other breach of security.
ACCURACY AND INTEGRITY OF INFORMATION
Although gloves Wear attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform gloves Wear so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, gloves Wear shall have no responsibility or liability for information or Content posted to the Site from any non-gloves Wear affiliated third party.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under gloves Wear's control, and gloves Wear is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
WARRANTY DISCLAIMERS
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. gloves WEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY gloves WEAR ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL gloves WEAR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF gloves WEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
GEOGRAPHIC LIMITATIONS
gloves is based in the United States. We provide this Site for use only by persons in the United States. We make no claims that the Site or any of its content are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We are currently only able to take direct to consumer orders through our Site for our goods and services in the United States. If you are interested in purchasing our goods and services outside the United States, please see an Authorized Reseller.
EXPORT RESTRICTIONS; INDEMNITY
The manufacture, shipment, and delivery of all Products are subject to any prohibition, restriction, priority, allocation, regulation or condition imposed by, or on behalf of, the United States. You agree that you shall comply with all applicable import, export, and anti-corruption statutes and regulations of the United States. You agree to indemnify and hold us harmless from all claims, demands, damages, costs, fines, penalties, attorneys' fees and all other expenses arising from your failure to comply with this provision and/or applicable export control laws and regulations.
SUBMISSION TO JURISDICTION & VENUE; GOVERNING LAW; LIMITATION OF ACTION
Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms of Use shall be brought against either of the parties in the state or federal courts located in California, and each of the Parties consents to the jurisdiction of such courts in any such action or proceeding and waives any objection to venue, including any defense of inconvenient forum. A final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity. These Terms of Use shall be governed by the laws of California without giving effect to any choice or conflict of law principle, provision or rule, whether of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other than California. The United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use. Any and all claims arising out of or related to these Terms of Use, or any agreement related to these Terms of Use or executed concurrently with this Agreement, or the relationship of the parties shall be barred unless commenced within one (1) year from the date the complaining party knew or should have known of the facts giving rise to such claim, or the statute of limitations applicable to that claim under California law, whichever is shorter.
PATENT INFORMATION
gloves owns numerous patents and pending patent applications throughout the world. Various designs and products of gloves , its affiliates and its subsidiaries may be protected by one or more patents or covered by one or more pending patent applications. A list of products covered by our patents and intended to serve as notice under 35 U.S.C. §287(a) may be accessed here: www.gloves.com/patents.
MISCELLANEOUS
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and gloves Wear with regard to your use of the Site. gloves Wear's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by gloves Wear of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between gloves Wear and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. The gloves Wear name, logo, and all related names, service marks, logos, product and service names, designs, and slogans are trademarks of gloves Wear or its affiliates or licensors. Unless you are an Authorized Reseller, you must not use such marks without the prior written permission of gloves Wear. Resellers are permitted to use these marks in accordance with the guidelines in the Reseller Policy. All other names, logos, product and service names, designs, slogans on our Site are the trademarks of their respective owners and may only be used in accordance with their policies.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our Customer Service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. You and gloves Wear agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products and services ordered or purchased through the Site when this capability is made available for you, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and gloves Wear are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and gloves Wear. If you desire to assert a claim against gloves Wear, and you therefore elect to seek arbitration, you must first send to gloves Wear, by certified mail, a written notice of your claim ("Notice"). The Notice to gloves Wear should be addressed to: gloves , Attn: Legal Department or General Counsel, at 27335 Tourney Rd, Flr 3, Valencia, California 91355 ("Notice Address"). If gloves Wear desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by gloves Wear, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If gloves Wear and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or gloves Wear may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by gloves Wear or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after gloves Wear receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless gloves Wear and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of gloves Wear’s last written settlement offer made before an arbitrator was selected (or if gloves Wear did not make a settlement offer before an arbitrator was selected), then gloves Wear will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and gloves Wear agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this arbitration provisions are found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Los Angeles County, California. Address inquiries concerning usage of gloves Wear trademarks, copyrights, designs, or patents to: