Terms & Conditions

Revised: February 6, 2017

TERMS OF USE
Welcome to JockeyBeingFamily.com (“Site”). This Site is owned and operated by or on behalf of Jockey Being Family Foundation, Ltd. (“JBF”) and Jockey International, Inc. (“Jockey”). THESE TERMS GOVERN THE USE OF THIS SITE. Your use of this Site and any purchase or donation constitutes your agreement to follow and be bound by these terms. JBF and Jockey may modify or change these terms at any time, without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as modified. If at any time you do not agree to or fail to abide by these terms you are no longer permitted to use this Site.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to JBF and/or Jockey on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the property of Jockey Being Family Foundation, Ltd. Such disclosure, submission or offer of any Comments shall constitute an assignment to JBF and Jockey of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, JBF and Jockey 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 Comments. JBF and Jockey is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the 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 Comments you make. JBF and Jockey reserves the right to remove any user Comments from this Site, for any reason and at any time, at its sole discretion. This right imposes no affirmative obligation on JBF and Jockey to remove any comment, and you shall retain sole responsibility for the content of any Comments submitted by you to this Site whether or not JBF and Jockey chooses to exercise this right.

You agree that JBF and Jockey may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that JBF and Jockey may use your information for marketing and promotional purposes.

JBF’S COMMUNICATIONS TO YOU
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to JBF and/or Jockey on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the property of Jockey Being Family Foundation, Ltd. Such disclosure, submission or offer of any Comments shall constitute an assignment to JBF and Jockey of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, JBF and Jockey 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 Comments. JBF and Jockey is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Jockey Being Family Foundation, Ltd. collectively, and its subsidiaries and/or affiliates. Unauthorized use of our protected properties is prohibited. You may not modify in any way any part of the Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of JBF and Jockey. You may, however, download and copy items such as store locations or product descriptions displayed for personal, non-commercial use only.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

TRADEMARK CREDITS
Jockey Being Family and Jockey Being Family Tree Logo are trademarks of Jockey Being Family Foundation, Ltd. All other trademarks, company names or logos cited in the Site are the property of the applicable Merchant or other third party owner.

LINKS TO OTHER SITES
When you click on a product title or on an icon, colored text or logo for a particular store or merchant (a “Merchant”) which appears on a page of the Site, you are connected to that individual Merchant’s Web site (the “Merchant Site”) or an online ad for the Merchant (a “Merchant Ad”). Each Merchant owns and operates its own Merchant Site. The accuracy of the information and content of each Merchant Ad, and on the Merchant Site, is the sole responsibility of the Merchant. Links to Merchant Sites and Merchant Ads do not constitute an endorsement by JBF and Jockey of the Merchant Sites or Merchant Ads or the products or services listed. JBF and Jockey is providing these links to you only as a convenience, and is not responsible for the content of the Merchant Sites or Merchant Ads.

DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE 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, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE 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 OUR SITE, AND THAT JBF AND JOCKEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless JBF and Jockey, and its respective employees, directors, officers, and agents from and against any and all claims, damages, costs, liabilities, fines, penalties, and expenses, including reasonable attorneys’ fees, arising from or related to your breach of these terms of use, your use of this Site.

LIMITATION OF LIABILITY
JBF AND JOCKEY SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT JBF AND JOCKEY HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JBF AND JOCKEY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO JOCKEYBEINGFAMILY.COM, AND JBF AND JOCKEY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.

CLASS ACTION WAIVER
YOU EXPRESSLY AGREE THAT IN ANY CLAIM OR DISPUTE YOU MAY BRING AGAINST JBF AND JOCKEY ARISING FROM THE USE OF THIS SITE, THAT YOU SHALL NOT JOIN YOUR SUIT WITH ANY OTHER USER OF THIS SITE OR CUSTOMER OF JBF AND JOCKEY. YOU SHALL HAVE NO RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED ON A CLASS ACTION BASIS AND YOU SHALL ONLY BRING SUCH CLAIM OR DISPUTE IN YOUR INDIVIDUAL CAPACITY.

JURISDICTION
This Site is displayed solely for the purpose of promoting JBF’s cause, services, events and products available in the United States. This Site is controlled and operated by JBF and Jockey through its offices in Kenosha, Wisconsin. This Site, its terms, advertisements, and offerings, including all purchases made through this Site, shall be construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. All claims and disputes shall be submitted to binding arbitration in the State of Wisconsin, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at the time the claim or dispute is submitted.