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Ariat Terms of Use for Ariat Crew

Last Updated: June 1, 2021

 

 

Section 1. Terms of Use

 

Please read these Terms of Use (“Terms”) carefully. This website, www.ariatcrew.com (the “Website”) is offered to you by Ariat International, Inc. When we refer to “Ariat” or “we”, “us” or “our”, we mean either Ariat International, Inc. or the relevant Ariat group company which provides you with our services, and mobile and web-based applications (namely, Ariat Europe, Ltd.)

These Terms apply to anyone who visits the Website and/or utilizes the Ariat Crew service (the “Service”). In addition to these Terms, you will also be subject to our Terms of Purchase, and Terms of Use: Customer Account and Orders.  We also have a Privacy Policy and we may have other terms or notices that may be relevant to you, or may apply to the orders placed from this Website, all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms be a contractual agreement between Ariat and you. 

BY USING THIS WEBSITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

Except as otherwise provided, the Terms are subject to change at any time without notice. Please review these Terms from time to time so that you will be apprised of any changes.

Section 2. Eligibility and Purpose

The Website and our Service is available to people residing in the United States who can form legally binding agreements under applicable law. Access to the Website may be prohibited in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access. The Service permits customers with an active account in good standing with Ariat to, amongst other things, design and purchase custom merchandise intended for internal business use. Purchase of products for resale is strictly prohibited. 

By using the Website, You agree and represent that you are buying for your own internal business use only, and not for resale.

Further information and additional Terms related to establishing an account and placing orders can be found here.

Section 3. Ownership and Purpose

Our Website is expressly owned and operated by Ariat, and unless otherwise agreed in writing, all materials on our Website, including content, designs, icons, text, graphics, information, data, software, images, photographs, video clips, sounds, music, artwork, illustrations, computer code and other materials, and the copyrights, trademarks, trade dress, patent and/or other intellectual property rights in such materials (collectively, the “Content” and the Content in the Website “Website Content”), are owned, controlled and/or licensed by Ariat.  All worldwide rights, titles, and interests are reserved.  This Website and the Website Content are intended solely for the Purpose listed in these Terms. Any other use of our Website and its Content is prohibited without the prior written permission of Ariat. You may not reproduce, publish, display, modify, sell, or distribute any of the materials from Ariat.  

Section 4. Other Policies

For information regarding Ariat’s use of Personal Information, please review Ariat’s current Privacy Policy. In addition, some data may be collected automatically using tracking technologies, including Cookies. For information about the types of Cookies we use, why, and how you can control Cookies, please review Ariat Cookie Policy (see Section 12 for more details). 

If you believe that material or Content residing on or accessible through the Website infringes a copyright, please review Ariat’s Copyright Dispute Policy. For information on Ariat’s partnership in the Customs Trade Partnership Against Terrorism (“CTPAT”) program, please review the CTPAT notice.

 

These policies and notices may be updated from time to time at Ariat’s discretion and changes will be effective upon posting to the Website.

 

Section 5. Products and Sales

In describing and portraying our products on our Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Website Content is accurate, complete, reliable, current, or error-free. Any errors are wholly intentional, and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order.  We reserve the right to amend errors or to update product information at any time without prior notice. In the event an Ariat product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Ariat shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Further, Ariat shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and regardless of whether your credit card has been charged  or order amount is deducted from your allowance. If your credit card has already been charged for the purchase and your order is cancelled, Ariat shall issue a credit to your credit card account in the amount of the incorrect price. If your order was placed through your Allowance account, the funds will be refunded to your account balance. If a product offered on the Website is not as described, your sole remedy is to return it to us. Please see our Return Policy for additional information or contact our Customer Service team at [email protected]. Returns shall refund once UPS scans the Ariat provided shipping label on your return. All other refunds shall be given once the item is processed at the Ariat facility and may take up to 5-7 business days upon receipt.   

Section 6. Shipping

When you place an order on our Website, we will ship your order to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions set out on the Website. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Please see our Shipping Policy for additional information or contact our Customer Service team at [email protected]

 

Section 7. Product Availability. 

We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, your account manager will send you a notice via email and may cancel your order for the unavailable product. If your credit card has already been charged for the purchase and your order or a portion of your order is cancelled, Ariat shall issue a credit to your credit card account in the amount of the cancelled items. If your order was placed through your Allowance account, the funds will be returned to your account balance.  Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies. Should you have any questions concerning the availability of a particular item, please contact us at [email protected].

Section 8. License to Use Comments, Feedback and Ideas. 

You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant Ariat a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

Section 9. Acceptable Use

Ariat has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time for any reason, and to take any additional action we deem in our sole discretion to be appropriate in relation thereto. Without limitation, you agree that you will not contribute any content or otherwise use the Community in a manner that:

  • is defamatory, abusive, obscene, profane or offensive; or
  • infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website), including any party's right of publicity or right of privacy; or
  • violates any law, statue, ordinance, or regulation (including, but not limited to, those governing export control consumer protection, unfair competition, anti discrimination or false advertising); or
  • is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or promotes or encourages violence against a person or damage or destruction of property; or is inaccurate, false or misleading in any way; or
  • is illegal or promotes any illegal activities; or
  • promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures; or
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation

In regard to any occurrence or activity which we believe violates these Terms of Use, we may investigate and fully cooperate with any law enforcement authorities, court orders, or legal process, including any such authorities, orders, or process which may request or direct Ariat to disclose the identity of any person. Violations of these Terms of Use may result in civil or criminal liability.


Section 10. Termination of Suspension of a Website Account 

You agree that Ariat, in its sole discretion, may terminate, suspend, or disable your use of the Website and Content at any time and for any or no reason, in its sole discretion, if (i) Ariat believes you have violated or acted inconsistently with these Terms of Use, (ii) in order to comply with applicable law, or (iii) in any other circumstances Ariat deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. Further, you agree that Ariat shall not be liable to you or any third party for any termination or suspension of your access to the Website. If Ariat terminates, suspends, or disables your Website account, you remain obligated to pay Ariat for all unpaid purchases made prior to the termination or suspension of your Website account.

Section 11. Warranties; Disclaimers; Limitations of Liability; Indemnification

Warranties

ARIAT’S STANDARD PRODUCT WARRANTIES IN EFFECT ON THE DATE OF THE INVOICE APPLY FOR THE APPLICABLE PRODUCTS. OUR STANDARD WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL WEAR AND TEAR, MISUSE, NEGLECT, OR OBVIOUS ABUSE OF THE PRODUCT. ARIAT ASSUMES NO LIABILITY FOR GARMENTS THAT HAVE BEEN ALTERED, INCLUDING ARIAT FACILITATED EMBROIDERY.

Your use of this Website is at your own risk. The information, materials, and services are provided “as is” and “as available" without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or those arising out of course of dealing or usage of trade all of which are expressly disclaimed. Ariat and its respective contractors, employees, shareholders, members, partners, licensors and suppliers do not warrant that: (i) any information will be timely, accurate, reliable or correct; (ii) the website, content or user content will be secure or available at any particular time or place; (iii) any defects or errors will be corrected; (iv) the website, content or user content will be free of viruses or other harmful components; or (v) any result or outcome can be achieved. your use of the website is solely at your own risk. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.

Ariat does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or your downloading of any information or materials from the Website.

Limitation of Liability. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE ARIAT GROUP OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS OR SUPPLIERS (“COVERED PARTIES”) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE WEBSITE, CONTENT OR USER CONTENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR ANY OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, CONTENT OR USER CONTENT, EVEN IF ARIAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification. 

You agree to indemnify, defend and hold harmless Ariat, its officers, directors, members, employees, contractors, agents, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to any breach by you of any of these Terms, any claims that your design infringes or misappropriates a third party’s intellectual property rights  or any activity related to your account (including negligent or willful misconduct) by your or any other person accessing the Website using your account.

Section 12. DMCA Notice & Take-down Procedure

We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

 

If you believe that material or Content residing on or accessible through the Website infringes a copyright, please review Ariat's DMCA Notice & Take-down Procedure below

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and, if possible, email address;
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows:

 

Ariat International, Inc

Attn: Legal Department

1500 Alvarado Street

San Leandro, CA 94577

email: [email protected]

 

Your email must be written in English and must have the following subject line: “DMCA Notice of Infringement.” If you email does not have this subject line and/or is not written in English, your email will not be read by our DMCA Designated Agent.

 

Section 13. Governing Law; Severability; Waiver; Dispute Resolution

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of our Website. Any dispute arising out of, or relating to, the use of the Website will be governed by and construed in accordance with the laws of the State of California without regard to any principles of conflicts of law.

If any part of the Terms are declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.

Any failure by Ariat to exercise any rights or the waiver of any breach of the Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms. Our rights and remedies under the Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Section 14. Disputes; Binding Arbitration; No Class Relief.

To the fullest extent permissible by law, with the exception of disputes pertaining to Ariat’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and Ariat arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 15 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Ariat. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Ariat shall pay the costs and fees of JAMS and the arbitrator. Ariat agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

Section 15. Additional Assistance

If you have any questions or concerns about the Terms, call us Toll-Free at 1-877-702-7428; or write to us at:

Ariat International, Inc.
Attn: Legal Department
1500 Alvarado Street

San Leandro, CA 94577

 

Please be assured that any Personal Information that you provide in communications to the above email, telephone number and postal address will not be used to send you promotional materials.