Restrictions on Use of the Site
Our Site includes a combination of content that we, our licensees and other third parties create (collectively, the "Content"). This Site and all materials contained in the Site, including but not limited to written materials, interface design and layout, photographs, drawings, sound or video clips, software code and animation, and any patent, copyright, trademark, trade dress, or other intellectual property rights associated therewith, are the property of the Company or are used with permission. You may not reproduce, distribute, republish, repost, transmit, upload, modify, or reuse any portion of this Website whatsoever, including without limitation any information contained therein, the “look and feel” of the Website, and/or the software code or graphics, for any commercial or noncommercial purpose, on your own behalf or on behalf of others. You agree that you are authorized only to view materials contained on this Website for your own personal, non-commercial use, and that you may not copy or print any materials whatsoever. You agree that you are subject to all applicable laws of the United States of America, including the laws relating to intellectual property and to the penalties set forth therein for infringement of copyright, trademark, patent, trade dress, and any and all other forms of intellectual property.
If you would like to request permission to use any of the Content on the Site, please contact us at serviceUSA@e.uspoloassn.com.
U.S. Polo Assn. and USPA are registered trademarks and may not be used or displayed without the prior written consent of the Company. Other trademarks, service marks, company names and logos, and other source indicators appearing on the Site are the property of the Company and/or its affiliates, or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.
Site Directed at United States Visitors
The Site is targeted at and intended for visitors residing in the United States, as well as visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
Merchandise displayed on the Site may be available in select U.S. Polo Assn. stores (including, without limitation, online stores) or department stores in the United States or other countries around the world, while supplies last. In some cases, merchandise displayed on the Site may not be available for purchase. The Company puts forth their best effort to maintain accurate information on the Site regarding product availability, size and pricing, however, the Company does not guarantee that any such information will be accurate. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and the Company cannot guarantee that your monitor's display of any color will be accurate.
Links to Third Party Sites
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES INCLUDING AND WITHOUT LIMITATION: THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARDING PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, FUNCTIONALITY, OPERABILITY, USE OR PERFORMANCE OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU ACCESS THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE SITE WILL BE CORRECTED.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, TRADE USAGE, TRADE PRACTICE, OR OTHERWISE. WE MAKE NO 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, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
Statement of Non-Endorsement
THE INCLUSION ON THIS WEBSITE OF ADVERTISING, LOGOS, OR WEBSITE LINKS, OR REFERENCE TO ANY PRODUCTS, PROCESSES, SERVICES, TRADE NAMES, TRADEMARKS, OR MANUFACTURERS IS NOT AN ENDORSEMENT BY THE COMPANY. THE COMPANY NEITHER ENDORSES LINKS TO OTHER WEBSITES NOR APPROVES OF LINKS TO EXTERNAL SOURCES. EXTERNAL LINKS ARE MADE AVAILABLE TO ASSIST THE USER. THE COMPANY IS NOT RESPONSIBLE FOR A LINK’S OPERATION OR CONTENT.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT, EVEN IF THE COMPANY OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Waiver of Jury Trial
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Copyright Policy and Digital Millennium Copyright Act ("DMCA") Notice
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where on the Site the material that you claim is infringing is located (including the exact URL);
an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not the Company, can contact you;
a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights' owner, by its agent, or by law; and
a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner, or are authorized to act on the owner's behalf.
All notices should be sent to our designated agent as follows:
Copyright Agent at serviceUSA@e.uspoloassn.com
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
Please send any questions or comments regarding this Site to:
U. S. Polo Assn. USA Ecommerce
1400 Broadway, 15th Floor
New York, NY 10018
Our terms were last updated on July 24, 2013.