Welcome to FENIX® - DRESSOUTS.com. Please review the following basic rules governing your use of and purchase of products from this site. Please note that your use of our site constitutes your agreement to follow and be bound by these Terms of Use (the ‘Agreement’). If you do not agree to be bound by these Terms, you may not access, navigate, complete purchases or otherwise use FENIX® - DRESSOUTS.com.
GENERAL
FENIX® - DRESSOUTS.com reserves the right, at its sole discretion to change, modify, add or remove any portion of the FENIX® - DRESSOUTS.com site, or these Terms in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your use of our site following any such change constitutes your agreement and acceptance to follow and be bound by the changed terms.
USE RESTRICTIONS
You understand and accept that materials, including images, logos, illustrations, designs, icons, data, text, software, photographs, graphics, messages or other materials (‘Content’) appearing on this site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by FENIX® - DRESSOUTS.com collectively and its affiliates. This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by FENIX® - DRESSOUTS.com. Any use of this Content, without the express written consent of FENIX® - DRESSOUTS.com or its affiliates is prohibited.
The material contained on the FENIX® - DRESSOUTS.com site may not be reproduced, copied, resold, manipulated, distributed, republished, downloaded, displayed, posted, transmitted, or exploited in any form or by any means, without the prior written permission of FENIX® - DRESSOUTS.com and/or the appropriate licensor, except where otherwise stated. You may not frame or mirror any portions of the FENIX® - DRESSSOUTS.com site without prior written authorization. Any unauthorized use of any material contained on the FENIX® - DRESSOUTS.com site may violate domestic copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
FENIX® - DRESSOUTS.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Content of FENIX® - DRESSOUTS.com, and the materials thereon for your personal, non-commercial use only, provided that you comply fully with these Terms. You will not interfere or attempt to interfere with the operation of FENIX® - DRESSOUTS.com in any way through any means or devise including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms. All copyright and proprietary notices contained in this material must remain in its original form with no modifications.
TRADEMARKS
The FENIX® - DRESSOUTS.com logos, associated designs, slogans, domain names (dressouts.com, fenixdressouts.com, paroleclothes.com, dress-outs.com), graphics, text and html code are the intellectual property of FENIX® - DRESSOUTS.com and its affiliates. Other trademarks, service marks, logos, images or domain names used on FENIX® - DRESSOUTS.com, where not the property of FENIX® - DRESSOUTS.com, are the trademarks, service marks, logos, and/or domain names of their respective owners (“Third Party Marks”). FENIX® - DRESSOUTS.com disclaims any proprietary interest in trademarks, service marks and trade names other than its own. You agree you will not challenge the respective ownership rights of FENIX® - DRESOUTS.com or Third Party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of FENIX® - DRESSOUTS.com’s Marks or Third Party Marks. Use of these marks are prohibited, without prior written authorization from FENIX® - DRESSOUTS.com and/or its licensors, except when necessary to identify the products or services of FENIX® - DRESSOUTS.com. FENIX®, and the company slogan “STEP OUT IN STYLE®” are registered trademarks of the United States Patent and Trademark Office.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FENIX® - DRESSOUTS.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (‘Submissions’) shall be and remain FENIX® - DRESSOUTS.com property. Such disclosure, submission or offer of any comments shall constitute an assignment to FENIX® - DRESSOUTS.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. FENIX® - DRESSOUTS.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. FENIX® - DRESSOUTS.com is under no obligation to maintain any Submissions in confidence, to pay user any compensation for any Submissions, or to respond to any user Submissions.
FENIX® - DRESSOUTS.com shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. You agree that FENIX® - DRESSOUTS.com may use and/or disclose information about your demographics and use of the site in any manner that does not reveal your identity. By your participation in surveys, or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that FENIX® - DRESSOUTS.com may use information about you for marketing, product development and promotional purposes.
You agree that no Submissions by you to this site will violate any right of any Third Party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
FENIX® - DRESSOUTS.COM’S COMMUNICATIONS TO YOU
You agree that FENIX® - DRESSOUTS.com may send you electronic mail for the purpose of advising you of changes or additions to our site, our products, services, order status, promotions, updated DRESSOUT/Parole Clothes regulations or other purposes as FENIX® - DRESSOUTS.com deems appropriate.
DISCOUNTS/PROMOTIONS/GIFT CERTIFICATES
Any discounts, promotions or gift certificates described or posted on the FENIX® - DRESSOUTS.com site shall be governed by the rules regulating such event. By participating in discounts, promotions, and gift certificate events, you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which discusses and governs (in addition to this Agreement and any specific rules associated with a particular event) any information you submit to FENIX® - DRESSOUTS.com.
PRODUCTS
Product descriptions, specifications, colors, and pricing are subject to change by FENIX® - DRESSOUTS.com at any time without notice. FENIX® - DRESSOUTS.com makes every effort to display, as accurately as possible, the colors of our products that appear on our site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Prices displayed on the FENIX® - DRESSOUTS.com site are quoted in U.S. Dollars and are valid and effective only in the United States of America.
LINKS TO OTHER WEB SITES AND SERVICES
The FENIX® - DRESSOUTS.com site may contain links or references to other, outside sites. FENIX® - DRESSOUTS.com assumes no responsibility for the content of these other sites and shall not be liable for any damages or injury arising from their content. Any concerns regarding such links or references, shall be directed to these outside sites and not FENIX® - DRESSOUTS.com. Links from FENIX® - DRESSOUTS.com to the outside sites are for your convenience only. Access these sites at your own risk.
PROFILE LOGIN
If you decide to create a FENIX® - DRESSOUTS.com Profile, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete, and (3) comply with these Terms of Use. You may review, correct, change or update your Profile information by visiting the ‘My Account Profile’ section of FENIX® - DRESSOUTS.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your Profile.
As part of the Account Profile process, you will be asked to select a Profile Name and password. You may not choose a Profile Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Profile Name in our sole discretion. You agree not to transfer or resell your use of or access to FENIX® - DRESSOUTS.com or permit anyone else whose account or profile was suspended or terminated to use FENIX® - DRESSOUTS.com through your account, Profile Name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Profile information, and immediately notify us by email. You are solely responsible for maintaining the confidentiality of your Profile Name and password for any and all activities (including purchases) that are conducted through your account.
DISCLAIMER
THE FENIX® - DRESSOUTS.COM SITE AND ALL INFORMATION, MATERIALS AND CONTENT CONTAINED IN THIS SITE ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. FENIX® - DRESSOUTS.COM DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAIALBLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILTY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FENIX® - DRESSOUTS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
DISCLAIMER OF WARRANTY
(A) Users expressly agree that use of the service is at his or her sole risk. Neither FENIX® - DRESSOUTS.com, its affiliates nor any of their respective employees, agents, third-party content providers or licensees, if any, warrant that the service will be uninterrupted or error free: nor do they make any warranty as to the results that may be obtained from use of the service or as to the accuracy, reliability, or content of any information, service, (or merchandise) provided through the service.
(B) The service is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under nay other cause of action.
(D) In no event will FENIX® - DRESSOUTS.com or any person or entity involved in creating, producing, or distributing the service be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.
(E) FENIX® - DRESSOUTS.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the online service.
(F) FENIX® - DRESSOUTS.com does not endorse, warrant or guarantee any product or service offered by a third party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.
(G) Each user specifically acknowledges that in no event will FENIX® - DRESSOUTS.com, its affiliates, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (i) the use by such user of any browser owner or operated by any party and/or (ii) the downloading of any software owned or operated by any third party in connection with the service. Each user shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access to and use of the service, and users shall be responsible for all charges related thereto.
INACCURACY DISCLAIMER
From time to time there may be information on the FENIX® - DRESSOUTS.com site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconveniences this may cause you. If you are not completely satisfied with your FENIX® - DRESSOUTS.com purchase, you may return it by mail with your invoice to FENIX® - DRESSOUTS.com. Please see our RETURNS section in our FAQ portion of the website for details.
INDEMNIFICATION
You agree to defend, indemnify and hold FENIX® - DRESSOUTS.com, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this site. FENIX® - DRESSOUTS.com shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
MISCELLANEOUS
This site and the contents therein are displayed solely for the purpose of promoting FENIX® - DRESSOUTS.com products and services. This site is controlled and operated by FENIX® - DRESSOUTS.com from its offices in Los Angeles, California. FENIX® - DRESSOUTS.com reserves the right to make changes to the information on this site, or to the services described therein from time to time, upon notice to the customer.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to any conflict of law provisions. You agree that any dispute, action at law or inequity arising out of or relating to these terms shall be filed and resolved exclusively by the state and federal courts of California, County of Los Angeles and/or the Southern District of California. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
TERMINATION
This Agreement remains in effect unless and until terminated by either you or FENIX® - DRESSOUTS.com. You may terminate this Agreement at any time. FENIX® - DRESSOUTS.com may also terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the site if in FENIX® - DRESSOUT.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or FENIX® - DRESSOUTS.com, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. You understand and agree that FENIX® - DRESSOUTS.com shall not have any liability to you or any other person for any termination of your access to the site, your Account Profile and or the removal of your Profile information.
Effective Date: November 8, 2008
