INFORMATION PROVIDED BY YOU
Sheargear™ has the highest regard for the privacy of its customers. For this reason, Sheargear™ shall keep confidential and not sell, trade or release any account numbers, or debit, charge or credit card numbers (hereinafter “Account Information”) you provide to Sheargear™ when purchasing products from or paying debts owed to Sheargear™. Should it become necessary, Sheargear™ may use the Account Information in connection with judicial or legislative proceedings. If used in connection with judicial or legislative proceedings; Sheargear™ shall keep the Account Information confidential unless and until a court orders otherwise.
Unless otherwise agreed to in writing, any information that you provide to Sheargear™ other than Account Information shall remain the sole property of Sheargear™, including but not limited to any correspondence sent to Sheargear™ via electronic mail.
SECURITY
Sheargear understands that with the expansion of the Internet, security has become the number one concern among web shoppers. With this in mind, we have made it our top concern as well. In order to provide you, our valued customer, with the highest level of security, Sheargear uses the services of GeoTrust, one of the industry leaders, to secure this web-site. GeoTrust provides Sheargear with authentication services and enables SSL encryption at 128-bit SSL connections for SSL compatible web servers and 128-bit SSL web browsers.
COOKIES
A cookie is simply a piece of data tied to information about you that is stored on your computer. Sheargear uses both session ID and persistent cookies. Sheargear uses session ID cookies in some parts of this web-site in order to track the visits to this web-site. The session ID cookies terminate once you exit or close your browser. Persistent cookies, on the other hand, are pieces of data tied to information about you that are stored on your computer for an extended period of time. Should you desire to remove persistent cookies from your hard drive, simply go to your Internet browser and follow the directions on your browser about removing persistent cookies. You may also set your browser to refuse all cookies or alert you to their presence by following the instructions of your browser.
LINKS TO OTHER SITES
Sheargear™ may provide you with links to other Internet sites on this web-site. Sheargear™ provides you with these links as a convenience and courtesy only and is not responsible for any content of any Internet site linked to or accessed from this web-site. By providing you with links to other Internet sites, Sheargear™ in no way endorses, approves, or recommends the Internet site(s). Any site you decide to link from this web-site shall be at your own risk. Sheargear™ shall in no way be responsible for any destructive elements, including viruses, that you encounter when visiting Internet sites linked to or from this web-site.
TERMS AND CONDITIONS
This web-site, located at www.sheargear.com, is owned and operated by Sheargear, Inc. (“We” or “Sheargear”). By using this web-site and accepting these terms and conditions of use, you agree to be bound by the following terms and conditions of use, without modification. Sheargear™ reserves the right to alter or otherwise modify these terms and conditions of use at any time without prior notice. Such changes, if and when made, will be posted on this web-site. It is your responsibility to check these terms and conditions of use frequently for any changes or modifications. Your use of this web-site after any changes to these terms and conditions of use are made and posted signifies your agreement to be bound by the terms and conditions of use as modified.
RESTRICTIONS ON USE OF MATERIALS
All material posted on this web-site, including but not limited to graphics, text, pictures, layout, audio, and video clips (the “Content”) are protected by United States Copyright law and belong to or are licensed by Sheargear™. Absolutely no Content of this web-site may be copied, reproduced, exchanged, transmitted, transferred, modified, uploaded, downloaded, published, sold or distributed without the prior written consent of Sheargear™.
All trademarks, service marks, proprietary logos and trade names, including but not limited to ” Sheargear™,” “www.sheargear.com®,” and “all Sheargear™ Companies” are the sole proprietary property of or are licensed to Sheargear™. The use and posting of trademarks, service marks, proprietary logos and trade names on this web-site in no way implies or otherwise gives you a license to use them. No trademark, service mark, proprietary logo or trade name may be used in any manner without the prior written consent of Sheargear™.
JURISDICTIONAL ISSUES
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without reference to its conflict of law rules. You herein irrevocably consent to the exclusive jurisdiction and venue of the courts in Seminole County, Florida, U.S.A., for any claim or dispute arising out of or relating to these Terms and Conditions of Use or your use of this web-site. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Florida in connection with litigating any such claim or action.
Unless otherwise specified, the Content of this web-site is intended to be used for the purposes of providing information about Sheargear™ products and services.
Sheargear™ does not warrant that this Site will be available or legal to use outside the United States of America. It is solely your responsibility to comply with the laws of other countries and the United States when accessing or using this Site from outside of the United States.
DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, SHEARGEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT THE (1) ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE, OR (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SHEARGEAR’S NEGLIGENCE, SHALL SHEARGEAR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF THE SITE, (B) THE INABILITY TO USE THE SITE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF SHEARGEAR OR ANY AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU (AND NOT SHEARGEAR) SHALL ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHEARGEAR’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sheargear™ and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliated organizations (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms or your foregoing representations, warranties or covenants. You agree to cooperate as fully as reasonably required in Sheargear’s defense of any claim. Sheargear™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sheargear™.
GENERAL PROVISIONS
These terms and conditions and any additional terms posted on the Site constitute the entire agreement between Sheargear™ and you with respect to your use of this Site. If, for any reason, a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these terms shall continue in full force and effect.