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SILVERJEANS.COM TERMS OF USE

These SilverJeans.com Terms of Use (these "Terms of Use") were last updated on October 27, 2016.

Welcome to SilverJeans.com, the website (the "Site") of Silver Jeans Co. ("SJC"). These Terms of Use apply to your use of the Site and/or your purchase or use of any materials, products, or services provided to you by or through the Site. BY USING THE SITE AND/OR ANY OF THE MATERIALS, PRODUCTS, OR SERVICES PROVIDED TO YOU BY OR THROUGH THE SITE, YOU AGREE WITH THESE TERMS OF USE, WHICH INCORPORATE BY REFERENCE SJC'S PRIVACY POLICY LOCATED AT www.silverjeans.com/privacy (THE "PRIVACY POLICY"), AND YOU ACKNOWLEDGE THAT YOU HAVE READ THE PROVISIONS CONTAINED IN THESE TERMS OF USE; IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE SITE OR PURCHASE OR USE ANY OF THE MATERIALS, PRODUCTS OR SERVICES.

SJC may, in its sole discretion, change, modify, amend, or remove the provisions of these Terms of Use, including, without limitation, the pricing of its products and services, at any time and without notice to you. It is your responsibility to check these Terms of Use from time to time for any such change, modification, amendment, or removal. By your continued use of the Site and/or any of the materials, products or services provided to you by or through the site following any such change, modification, amendment, or removal, you agree to the change, modification, amendment, or removal. SJC reserves the right to deny access to this Site to anyone at any time.

1. OWNERSHIP OF SITE

As used in these Terms of Use, the term "Site" includes all content and aspects of the Site, both collectively and individually, including, without limitation, all SJC trademarks, any text, graphics, images, buttons, design lay-out, and arrangement, and all software comprising the Site. The Site and all intellectual property and other rights in the Site are the sole and exclusive property of SJC or its licensors. Your only rights in and to the Site are the limited license rights provided pursuant to these Terms of Use. All other rights are expressly reserved.

This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. The Linked Sites are not under SJC's control, and SJC is not responsible for, does not endorse, and will have no liability for the Linked Sites, including any content, information, materials, products or services contained on or accessed through the Linked Sites. You will need to make your own independent judgment regarding your interaction with the Linked Sites.

2. USE OF SITE

License Rights

Subject to these Terms of Use, SJC grants you a limited, revocable, non-transferable, and non-exclusive right and license to access and use the Site only for personal, non-commercial purposes, namely, reviewing information about SJC and its products and for purchasing products sold on the Site. These license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party unless SJC expressly agrees to such use in advance and in writing. SJC may terminate this license at any time and for any reason with or without notice to you. Any use of the Site not expressly granted by these Terms of Use is a breach of these Terms of Use and may violate intellectual property and other applicable laws. In addition, without limiting the foregoing provisions, you agree that:

  1. You will use the Site for lawful purposes only in full compliance with all applicable federal, state, local and, if applicable, international laws, rules and/or regulations, as provided in Section 4.
  2. You will not reproduce, distribute, display, sell, lease, transmit, create derivative works from, extract from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Site, or any part thereof.
  3. You will not upload or post as part of any Submission (as defined below) or otherwise any information or materials that:
    1. constitute or contain any message of a commercial nature, including, without limitation, any solicitation, advertisement, marketing materials, etc.;
    2. violate, infringe, or misappropriate any third party’s intellectual property or other rights; or
    3. are false, misleading, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
  4. You will not use with or launch or upload to the Site any automated program, system, or routine that may in any way be harmful to the Site or in any way interrupt, destroy, limit, or otherwise affect the functionality or security of the Site or any computers, networks, and other hardware and software connected thereto or used in connection there with, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.
  5. You will not gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of SJC's business partner's servers, systems, or networks, by hacking, "password-mining" or using any other illegitimate method of accessing data.
  6. You will not collect or harvest any personally identifiable information, including account names, from the Site.
  7. You will not link to or scrape data from the Site.
  8. You will not submit any misleading information about yourself, such as a false e-mail address, or otherwise impersonate any other person while using the Site.

The above-referenced list is not exhaustive. SJC reserves the right to monitor your use of the Site and any Submissions that you post to the Site. SJC may edit or remove any Submissions and may terminate your rights under these Terms of Use at any time for any reason with or without notice to you. Upon any termination of these Terms of Use, you shall immediately cease all access to and use of the Site and SJC shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to, and use of, the Site, in whole or in part.

Submissions

Although certain portions of the Site invite you to submit suggestions, comments, product reviews, and other information, material, or content to the Site (collectively,  "Submissions"), all Submissions shall be considered by SJC to be non-confidential and non-proprietary. Upon your submission of any Submission, you assign to SJC any and all rights in and to such Submission, including, without limitation, any intellectual property rights therein. In the event that any such assignment is deemed invalid, SJC shall automatically have a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from, such Submissions by any means and in any form. SJC may subsequently disclose, post, edit, and otherwise use any Submission in any manner that SJC deems appropriate, all without any compensation or credit to you. All Submissions are subject at all times to these Terms of Use.

Site Accounts

SJC may assign you an account, which includes the creation of a username and password, to enable you to access and use certain portions of this Site. Each time you use your account, you will be deemed to have accepted the provisions of these Terms of Use. SJC has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO, AND USE OF, THE SITE BY ANYONE USING THE ACCOUNT ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO, AND USE OF, THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL FINANCIAL AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the account assigned to you. You shall immediately notify SJC of any unauthorized use of your account or any other breach or threatened breach of the Site's security.

You may view and download materials from the Site only for your personal non-commercial use. You must retain all copyright(s), trademark(s), and other proprietary notices contained in the original materials on any copy of the materials. You may not modify the content or materials on the Site in any way. With the limited exception of certain reports regarding your account history, which may be made available to you by SJC, you may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from, the materials and content composing the Site or use such content or materials in any way for any public or commercial purposes. Because the materials are copyrighted, any unauthorized use of them may violate copyright, trademark, and other laws. You may not use materials from the Site in any manner that violates the Copyright Act, 17 U.S.C. §§ 101 et seq. (the "Copyright Act") and/or the fair use exception of the Copyright Act. Your use of the Site gives you no ownership or other rights in or to SJC's trademarks or service marks and you agree that you will not use, copy or distribute such trademarks or service marks. You may not transfer, sell, assign, or otherwise transfer your rights and obligations under these Terms of Use. By using the Site, you promise SJC that you will not use the Site for any unlawful or prohibited purposes. Any use of the content and/or materials found on the Site, other than a use specifically approved under these Terms of Use, shall be deemed a violation of the copyright, trademark, and other proprietary rights of SJC and you shall be liable for all applicable damages. The content and/or materials on the Site may not be used by any third party without the express written permission of SJC. You may not copy, adapt, or adopt the HTML or other computer code used to generate the Site for any purpose. Any unauthorized copying, adapting, or adopting of such coding is a violation of SJC's copyrights.

Use at Your Own Risk

By agreeing with these Terms of Use, you agree to use the Site at your own risk. Although SJC tries to provide up-to-date and accurate information, SJC makes no representation or guarantee regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any information provided via the Site. Nothing on the Site shall be considered an endorsement, representation, or warranty with respect to any user or third party, whether in regard to its web site, products, or services.

Risk of Loss, Return Policy, and Product Availability

The risk of loss and title for items purchased by you pass to you upon SJC's delivery of the products to the applicable carrier. All product returns must be in compliance with SJC's Return Policy. SJC shall have the right to refuse or cancel any order. If your credit card has already been charged for the purchase and your order is canceled, SJC shall immediately issue a credit to your credit card account in the amount of the charge. SJC cannot and does not guarantee that all products will be available at all times and/or that all products may be sold outside of the United States or Canada.

Digital Millennium Copyright Act

It is SJC's policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Submission or other aspect of the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing SJC's Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit SJC to locate the material;

  • Information reasonably sufficient to permit SJC to contact you, such as an address, telephone number, and, if available, an e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SJC's designated Copyright Agent to receive notifications of claimed infringement is:

Attn: [R. Scott Merrell
DMCA Compliance Officer
E-mail: smerrell@silverjeansco.com

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SJC's customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

If you are the owner or an agent thereof of material that was removed from the Site or disabled after SJC received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending SJC a counter-notification. Section 512(g) of the DMCA requires that your counter-notification include all of the following:

  • Your physical or electronic signature;
  • Identification of the Site that has been removed or to which access has been disabled and the location at which the Site appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Site was removed or disabled as a result of mistake or a misidentification of the Site; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the laws of the state in which you are domiciled, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notification is received by the Copyright Agent, SJC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against SJC and provides SJC with notice of same, 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 counter-notification, at SJC's sole discretion.

Please send all other questions or comments regarding the Site or SJC's products to:

Attn: Customer Service
E-mail: customerservice@silverjeansco.com

 3. DISCLAIMER OF WARRANTIES, TITLE TO GOODS, LIMITATIONS ON LIABILITY, INDEMNIFICATION

Disclaimer of Warranties

THE SITE, ANY PRODUCTS OFFERED FOR SALE ON THE SITE, ANY TRANSACTIONS CONDUCTED VIA THE SITE, AND ANY INFORMATION AND MATERIAL ON THE SITE OR PROVIDED VIA THE SITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE.

Title to Goods

THE TITLE TO PURCHASED GOODS IS RETAINED BY SJC UNTIL GOODS ARE PAID FOR BY THE CUSTOMER.

Limitations on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS PROVIDED IN SECTION 4, SJC WILL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, AND ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA, OR OTHERWISE, EVEN IF SJC HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS PROVIDED IN SECTION 4, SJC'S TOTAL LIABILITY TO YOU FOR ANY SUCH DAMAGES, REGARDLESS OF THE FOUNDATION FOR THE ACTION, SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO SJC DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SJC's LIABILITY.

THE SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS PROVIDED IN SECTION 4, SJC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SJC's SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SJC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR VIA ANY SITE HYPERLINKED FROM THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SJC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SJC DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR BE UNINTERRUPTED OR ERROR FREE.

To the fullest extent permitted by applicable law, Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such CLAIM OR SUCH CLAIM WILL BE FOREVER BARRED AFTER SUCH TIME.. Your remedies under THESE TERMS OF USE are exclusive and are limited to those expressly provided for herein.

Indemnification

To the fullest extent permitted by applicable law, as provided in Section 4, you agree to indemnify, defend, and hold harmless SJC and its officers, directors, shareholders, employees, agents, affiliates, subsidiaries, successors, and assigns, from and against any and all claims, actions, obligations, demands, damages, liabilities, losses, expenses, cost, or other liabilities of any kind, including, without limitation, reasonable LEGAL fees, arising out of:

(i) your use of the Site and/or any information, services and/or goods provided via the Site;

(ii) your violation of these Terms of Use;

(iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or

(iv) any claim that your Submissions caused damage to a third party.

The obligations under this provision will survive these Terms of Use and your use of the Site.

4. MISCELLANEOUS

Governing Law

These Terms of Use and any claim or controversy arising out of, or relating to, these Terms of Use, the Site, and/or the services or products provided on or through the Site shall be governed by, and construed in accordance with, the laws of the state in which you are domiciled without regard to its conflicts of law rules. The provisions of these Terms of Use shall apply to you to the fullest extent permitted by applicable law, as provided in this Section. If, however, any provision of these Terms of Use is not permitted by applicable law, as provided in this Section, then that provision shall not apply to you.

You agree and expressly consent that any claim or controversy arising out of, or relating to, these Terms of Use, the Site, and/or the services or products provided on or through the Site shall be settled by binding arbitration to be held in the state in which you are domiciled in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude SJC from seeking any injunctive relief in any court of competent jurisdiction for protection of SJC's intellectual property rights.

You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state in which you are domiciled for the enforcement of this arbitration agreement and of any arbitration award in connection with any such claim or controversy including one or more involving SJC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Site providers.

If you are a California resident, you waive California Civil Code, Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

To the fullest extent permitted by applicable law, as provided in this Section, any claim or controversy arising out of, or relating to, these Terms of Use, the Site, and/or the services or products provided on or through the Site must be brought within one (1) year after the cause of action accrues, or such claim or cause of action will be forever barred after such time.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Your remedies under these Terms of Use are exclusive and are limited to those expressly provided herein. No right or remedy of SJC shall be exclusive of any other, whether at law or in equity, including, without limitation damages, injunctive relief, or reasonable legal fees and expenses. No instance of waiver by SJC of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.

Entire Agreement

These Terms of Use and the policies incorporated by reference set forth the entire understanding and agreement of the parties relating to the subject matter hereof, and supersede any prior or contemporaneous understandings of any kind or nature. By agreeing to these Terms of Use, you represent that you are not relying upon any agreement, representation, or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

Intellectual Property Notice

The Site contains registered and/or unregistered copyrights of SJC. All such rights are expressly reserved.

Ability to Accept Terms

You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to agree to, abide by, and comply with, these Terms of Use.

General

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and SJC by your use of the Site. To the fullest extent permitted by applicable law, as provided in Section 4, the following provisions survive the expiration or termination of these Terms of Use between you and SJC for any reason whatsoever: Ownership of Site, License Rights, Site Accounts, Use at Your Own Risk, Risk of Loss, Return Policy, and Product Availability, Disclaimer of Warranties, Title to Goods, Limitations on Liability, Indemnification, Governing Law, Entire Agreement, Severability, Intellectual Property Notice, and General. These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by SJC without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of SJC, its subsidiaries, affiliates, and its third party website providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.

Non-U.S. Net Users

The sale of SJC's products and services must follow U.S. Commerce Department Regulations and State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.

U.S. Government Restrictions

Sales of software to the U.S. Government may be subject to license restrictions in accordance with DFARS 252.227-7013(1) and FAR 52.227-19.

Privacy

You agree that SJC may share certain demographic information provided by you, as is further set forth in the SJC's Privacy Policy.

Additional Assistance

If you have any questions or concerns about these Terms of Use, please send an e-mail to

customerservice@silverjeansco.com; call us at 1-888-580-2055; or write to us at:

Silver Jeans Co.
555 Logan Ave.
Winnipeg, MB
R3A 0S4