Terms & Conditions - Website Use
Version: April 19, 2022
By accessing the website, creating a website account, or acquiring a Product or Service you (“User” or “you” or “your”) are agreeing to comply with the terms contained in this Agreement. If User does not agree to these terms, User should refrain from using the website, creating an account, or acquiring the Product or Service.
We may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the website, and/or (b) sending information regarding the amendment to the email address you provide to us.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE
TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE PRODUCTS OR SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and us.
SCOPE OF AGREEMENT
The website and its content are offered as a means to introduce our us and our Products and Services to our prospective customers and to assist Users to make decisions regarding their clothing product and service options. User's use of the website is not intended to and does not create any additional customer / relationship between Company and User except as expressly provided in this Agreement.
Your right to use the website is personal to you and you agree not to use the website expect for the purpose of purchasing a product or service from us and you may not resell the use of the website.
By using website, acquiring a Product or Service, User warrants that User is at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the website, or acquired the Product or Service). User may not use the website for any unlawful purpose. Company may change any provision in this Agreement at any time without notice. Once the changes appear in this Agreement, User's use of the website will constitute User's agreement to the modified terms. User may print a copy of the Agreement for reference.
PURCHASE TERMS AND CONDITIONS
If you purchase a Product from us, then you agree that the separate terms and conditions for purchase transactions applies to the transaction and is incorporated into and made a part of the Agreement.
You may access and view the content, such as all text, images, music, sound, photographs, video, illustrations, icons, graphics, media, headers, data, files, information, and software (collectively “Content”) appearing on this website for personal, non-commercial use only. You may download and/or copy certain portions of the content for personal, non-commercial use only, provided that (a) do not modify or alter the content in any way, and (b) do not make the content available to any third party. We retain all copyright, trademark, or other proprietary notices contained on the content, We reserve complete title and full intellectual property rights in any Content that you download from this website.
You agree to use this website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user; (b) tampering with this website; and (c) conducting fraudulent activities.
We welcome your comments about our website. However, you represent and warrant to us, and accept responsibility for, the accuracy, appropriateness, and legality of the comments you make to us or place on our website or a social media platform in reference to our social media account. Note that any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively "Comments") sent to our website shall be and remain the exclusive property of Company.
Your submission of any such Comments shall constitute an assignment to Company of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. We are entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO US, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE OR ORIGINAL ARTWORK.
HYPERLINKS TO OTHER WEBSITES
The website may contain links to other websites that are neither owned nor operated by Company, although some such sites may have an affiliation with Company (collectively, "Third-Party Sites"). To the extent our website contains hyperlinks to outside services and resources, the availability and content of which Company does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This website and all Content available on this website are provided on an "as is" basis 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. You acknowledge that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that we are not be liable for any damages of any kind related to your use of this website.
We attempt to ensure that the Content on this website is complete and current. As indicated in the terms set forth below, we cannot guarantee that the information contained on this website will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. We reserve the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you. Further, we reserve the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card.
Constant Practice logos and trademarks are the property of Company. Please see the trademark notice legend for more details. The trademarks, trade names and logos on this website related to products sold by us are the properties of their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the prior written consent of the owner.
All Content is subject to copyright, trademark, or other proprietary rights or licenses held by us or a Company affiliate or by third parties who have licensed their rights to Company. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Orvis owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this website. Except as provided above, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and "frame" the Content in any manner or sell or attempt to sell the Content.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS MANAGERS, OFFICERS, OWNERS, EMPLOYEES, STAFF, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF COMPANY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN COMPANY’S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED TWENTY-FIVE DOLLARS ($25). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
User understands and agrees that Company may discontinue or change the website at any time, without notice. Also, User understands and agrees that Company may discontinue or restrict User's use of the website for any reason.
User agrees to indemnify, hold harmless, and defend Company from all reasonable expenses it incurs, including reasonable court costs and legal fees, enforcing its rights under this Agreement upon a violation of the Agreement, including but not limited to User's misuse of the website, any Content, a Product or a Service, and the violation of any laws.
VENUE FOR DISPUTES
User agrees that for purposes of this Agreement the operation of the website, the delivery of all Content, and User’s access to and use of the website and its Content are all deemed to occur solely within the Commonwealth of Virginia, United States of America. Any action relating to the use of the website, Products, Services, marketing materials, catalogs or any transaction with Company must be brought in the state or federal courts located in the City of Richmond, Virginia.