Welcome to the Abercrombie & Fitch Outlet Store website: www.wearmi.com (this
'Website'). Please review the following terms and conditions before using this Website.
These terms and conditions, which may be modified from time to time, apply to all
visitors to, or users of, this Website.
Your Use Generally
Your use of the Website confirms your acceptance of these terms and conditions and
your agreement to be bound by them. If you do not accept these terms and conditions,
do not use this Website. In the event of a violation of these terms and conditions,
Wearmi reserves the right to seek all remedies available by law and in equity. We
may terminate your access or use of this Website at any time, for any reason or
no reason and without prior notice to you. We may at any time and from time to time
revise these Terms and Conditions by updating this posting. You should visit this
page from time to time to review the then current Terms and Conditions because they
are binding on you. Your use of this Website following any such revisions constitutes
your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website and all of its materials, including, but not limited
to, its software or HTML code, scripts, text, artwork, photographs, images, designs,
video, audio, and written and other materials that appear as part of this Website
(collectively, "Content" ) are protected by U.S. copyright laws and other U.S. and
international laws and treaties. All Content is provided by Wearmi under a limited
license as a service to its current and prospective customers and may be used only
for personal (that is, for the purchase of our merchandise) use. This limited license
is subject to the following restrictions: (a) you may not copy, reproduce, publish,
transmit, distribute, perform, display, post, modify, create derivative works from,
sell, license or otherwise exploit this Website, any of the Contents, or any related
software; (b) you may not access or use the Website for any competitive or commercial
purpose; and (c) you will not permit any copying of our Content. Any unauthorized
copying, alteration, distribution, transmission, performance, display, or other
use of the Content is prohibited.Wearmi may revoke this limited license at any time
for any or no reason. Any unauthorized use of Wearmi Content, such as framing, inline
linking or other association with content or information not originating from the
Wearmi Website is not permitted. Linking to any Wearmi web page also is prohibited.
Wearmi will aggressively enforce its intellectual property rights to the fullest
extent of the law.
Trademarks
At Wearmi, we take pride in our brand and do not condone and will not tolerate any
unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively,
the 'Trademarks and Trade Dress'). Weami and its affiliated companies retain all
rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress
are protected by U.S. trademark laws and international laws and treaties. No license
for the use of the Trademarks or Trade Dress is granted to you under these terms
and conditions or by your use of the Website. Unauthorized use of our Trademarks
or Trade Dress in any manner is strictly prohibited.
Patents
One or more patents may apply to this website, including without limitation U.S.
Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
Our Products
All features, specifications, products and prices of products and services described
on this Website are subject to change at any time without notice. From time to time
there may be information on the Website that contains typographical errors, inaccuracies,
or omissions that may relate to product descriptions, pricing, and availability.
We make no representation as to the completeness, accuracy, or currency of any information
on this Website. We reserve the right to make changes in information about price,
description, or availability without notice. We reserve the right, without prior
notice, to limit the order quantity on any product and/or refuse service to any
customer (see,
Ordering Online, Terms and Conditions). We
have made every effort to display as accurately as possible the colors of our products
that appear on the Website; however, the actual color you will see will depend on
your computer, and we cannot guarantee that your computer will accurately display
our colors. The inclusion of any products or services on this Website does not imply
or warrant that these products or services will be available over the internet or
in each of our stores at any particular time.
Comments and other Communications
All comments, feedback, suggestions, ideas, and other communications (collectively,
'Communications') submitted or offered to Wearmi in connection with your use of
this Website shall be and remain property of Abercrombie & Fitch and Wearmi.
Abercrombie & Fitch and Wearmi shall be free to use any ideas, concepts, know-how,
or techniques contained in any Communication you send to us for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing products
using such information. Any personally identifiable information you provide to Abercrombie
& Fitch through the Website shall be subject to the Website's
Privacy Policy.
Your Account
You may choose to register with us through our Website and create an account (the
'Account'). If you do, you will have access to your Account by providing an email
address and password. You are responsible for maintaining the confidentiality of
your access information and for controlling access to your Account and your computer.
You agree to accept responsibility for all activities that occur under your Account.
We may terminate your Account at any time, for any reason or no reason and without
prior notice to you.
Linking
Links may be established from this Website to one or more external web sites or
resources operated by third parties (the "Third Party Sites"). In addition, certain
Third Party Sites also may provide links to the Website. None of such links should
be deemed to imply that Wearmi endorses the Third Party Sites or any content therein.
Wearmi does not control and is not responsible or liable for any Third Party Sites
or any content, advertising, products, or other materials on or available from such
Third Party Sites. Access to any Third Party Sites is at your own risk and Wearmi
will have no liability arising out of or related to such web sites and/or their
content or for any damages or loss caused or alleged to be caused by or in connection
with any purchase, use of or reliance on any such content, goods, or services available
on or through any such Third Party Site.
Disclaimer
This Website and all Content of the Website are provided to our customers and prospective
customers "AS IS" and "AS AVAILABLE" and without warranties of any kind, whether
express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use
of the Website, that your use is at your sole risk. Some jurisdictions do not allow
the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer
may not apply to you.
Limitation of Liability
IN NO EVENT WILL WEAMI BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED
WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT,
BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE
ON THE INFORMATION PRESENT, EVEN IF ABERCROMBIE & FITCH IS EXPRESSLY ADVISED
ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability
are not permitted. In such jurisdictions, the foregoing limitations on liability
may not apply to you.
Jurisdiction
No implication is made that the materials published on this Web Site are appropriate
for use outside of the United States. If you access this Web Site from outside of
the United States, you do so on your own initiative and you are responsible for
compliance with local laws. Wearmi controls this Web Site from its offices within
the State of Ohio. The terms and conditions of this Website shall be governed by
the laws of the state of Ohio, without giving effect to its conflict of laws provisions.