LEGAL DISCLAIMER
Terms & Conditions
This terms and conditions of use (hereinafter referred to as "Terms and Conditions") are applicable to the website under [http://www.cmsapparel.com] (hereinafter referred to as "Site") posted by CMS Apparel, Co. (hereinafter referred to as "CMS Apparel") and any information residing on or transmitted to its server . Any persons who access and browse this Site (hereinafter referred to as "User(s)") shall read the Terms and Conditions set forth below before accessing and browsing this Site. By the use of this Site, any and all Users shall agree and accept the Terms and Conditions without any limitation or reservation.
CMS Apparel may, at any time and at its sole and exclusive discretion, change, alter, modify, add, and/or remove any parts or the whole of the Terms and Conditions.
General Use Restrictions
The use of this Site shall be undertaken at Users' own responsibility. The User of this Site assumes all risk for the use of this Site and the Internet generally. Although the documents, photographs, illustrations, animations, software and other materials carried on this Site (hereinafter collectively referred to as "Documents") are carefully managed by CMS Apparel, please be advised in advance that CMS Apparel has no responsibility for the accuracy and/or completeness of any and all information in this Site, including information described within the Documents herein.
CMS Apparel is under no obligation to monitor the information residing on or transmitted to this Site. However, anyone using this Site agrees that CMS Apparel, at its sole and exclusive discretion, may monitor the Site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; or (2) to operate the server properly or to protect itself and its Users. CMS Apparel reserves the right at anytime and from time to time to change, reject or eliminate all or a part of the contents carried on this Site without prior notice to the Users at its sole and exclusive discretion. Furthermore, CMS Apparel is under no obligation to update this Site.
Should any User of information on this Site provide CMS Apparel with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and CMS Apparel assumes no obligation to protect such information from disclosure. The submission of such information to CMS Apparel shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by CMS Apparel for any purpose whatsoever and CMS Apparel shall be free to reproduce, use, disclose and distribute the information to others without restriction.
CMS Apparel shall not be responsible for any damages or losses of the Users resulting from information (including the data or the like) provided through this Site. Moreover, CMS Apparel shall not be responsible for any damages or losses of the Users whatsoever resulting from the use of information acquired from websites operated by other companies (hereinafter referred to as "Third Party Sites") which are linked to this Site.
ALL INFORMATION PROVIDED ON THIS SITE INCLUDING, WITHOUT LIMITATION THE CONTENTS OF THE DOCUMENTS SHALL BE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES FOR COMMUNICATION CONDITIONS OF THE USERS, INCLUDING, WITHOUT LIMITATION, COMPUTER CONDITIONS. NO ADVICE OR INFORMATION GIVEN BY CMS Apparel ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER CMS Apparel NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Under no circumstances, including, but not limited to, negligence, shall CMS Apparel be liable for any damages including indirect, extraordinary, exemplary, punitive, special or consequential damages that result from the use of, or inability to use, the materials on this Site, even if CMS Apparel or an CMS Apparel-authorized representative has been advised of the possibility of such damages.
CMS Apparel has the right to suspend or close this Site without providing any prior notice to the Users.
CMS Apparel makes no statement or representation on this Site as to whether the contents of this Site are compatible with the computer of the Users. This Site shall be accessed based on the free will of the person who accesses it and the responsibility for the use of this Site shall be irrevocably and unconditionally assumed by the Users.
Copyrights
All the Documents are protected by the copyrights, patent rights, trademark rights and other intellectual property rights which are owned by CMS Apparel.
Except for personal and non-commercial internal use, Users are prohibited from copying, publishing, selling, distributing, or modifying any part or whole of the Documents.
Nothing contained herein shall be construed as granting to the User a license under any copyrights, patent rights, trademark rights, nor any other intellectual property rights of CMS Apparel or any third party to the Users.
Trademarks
The CMS Apparel name, trademarks, logos and service marks (hereinafter referred to as "Trademarks") used within this Site, unless otherwise noted, are owned by CMS Apparel or its affiliates. All other brand names, product names or trademarks belong to their respective holders. CMS Apparel grants to the Users no permission to use these Trademarks.
Governing Law
CMS Apparel and Users agree that the use of this Site is governed by and construed in accordance with the laws of United States of America without giving effect to principles of conflict of laws. CMS Apparel controls and operates this Site from its headquarters in the United States of America and makes no representations that the materials are appropriate or will be available for use in international locations. All Users of this Site from outside the United States of America are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries.
CMS Apparel makes no statement, indication or representation about whether the content of this Site is compatible with the hardware and software of the Users who access this Site. Any Users who access this Site do so on their own free will, and the responsibility for the use of this Site shall be assumed by the Users who access this Site.
Precautions on Linking to this Site
CMS Apparel shall not be responsible for any damages or losses caused by the Users' or the Users' company's link to this Site.
Any CMS Apparel material on this Site may include technical inaccuracies or typographical errors. CMS Apparel does not guarantee continual maintenance of the information and URLs on this Site, and as a general rule, these are subject to change without prior notice to the Users.
Please refrain from using techniques such as displaying within a frame or other methods of linking where it is unclear that the content comes from this Site.
CMS Apparel's logo is a "corporate mark" which is the symbol mark of the company, and at the same time is a "trademark" indicating the responsibility CMS Apparel takes for its products and services. Therefore, the Users may not use this logo on the Users'' or the Users' company's site without the prior written permission of CMS Apparel.
CMS Apparel does not grant any linking which may: (i) infringe the rights of CMS Apparel, (ii) interfere with CMS Apparel's business and (iii) contain elements which are harmful to CMS Apparel's image.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by CMS Apparel. Product and service information is the sole responsibility of each individual vendor. The CMS Apparel name and logo and other trademarks and trade names owned by CMS Apparel may not be used in any commercial manner without the prior written consent of CMS Apparel.