Terms of Use: Customer Account and Orders 

Last Updated: December 10, 2020

 

Please read these Terms of Use: Customer Account and Orders (“Terms”), as they will apply to those customers who are eligible to establish an account and place orders on the Website. All other Terms, including the Terms of Use, Purchase Terms and Ariat policies that may be relevant to you or may apply to the purchase of goods from this Website, are incorporated herein by reference, and shall, together with the Terms be a contractual agreement between Ariat and you.

 

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.

Establishing an Account.  Prior to placing an order on the Website or utilizing our Service, you will first be required to create a user account. User accounts may be created by submitting an account request form through the Website. You may be required to provide Ariat with what may be considered Personal Information (as defined in our Privacy Policy), which may include your first name, last name, organization, phone number, email address, city, state, industry, and the total number of employees/members participating in program.  Apart from the representations made in our Privacy Policy regarding our protection of your information, you agree that you are solely and entirely responsible for maintaining the confidentiality of your account information, as well as any orders, purchases, communications or other uses made using your account information. You agree to notify Ariat immediately of any unauthorized use of your account or any other breach of security. If we believe the details are not correct, current, or complete, we reserve the right to terminate or suspend your account on the Website. You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. Ariat cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Purchasing Products Using an Account. If you have been authorized to open a user account, you may order products on behalf of your company by logging in to your Website account. From there, follow the instructions provided on the screen to check out or purchase the product. Upon completion of the online order process, your purchase will either be charged to your credit card or deducted from your Allowance, assuming your company has elected to join the Allowance Program. You will subsequently receive acknowledgment of the order and/or a receipt by email to the email address associated with your Website account. To purchase a product on the Website, you must be a customer with an active account in good standing with Ariat.

To be in good standing, a customer must: (i) comply with the Terms and relevant Ariat policies, (ii) remit timely payment (including payment of taxes) for all orders placed on the Website, (iii) comply with Ariat’s brand guidelines, (iv) agree not to use any product purchased for resale, and (v) comply with any other requirement that may be imposed by Ariat in its sole discretion. The failure to do so may result immediate termination or suspension of their user or customer accounts on the Website.

By placing an order, you understand that (i) Ariat’s acknowledgement of an order is not acceptance of an order and Ariat may reject or cancel an order at any time; (ii) you must have an existing account with Ariat and agree that Ariat may charge the selected method of payment at the time of your transaction; (iii) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (iv) you will pay all taxes; and (v) if Ariat does not receive payment from your payment card issuer, you will pay all amounts due upon demand.

Submissions for Customized Orders. We have no obligation to proof or otherwise to pre-screen (i.e. confirm the digital files are all present, valid, correctly formatted, of the desired type, meet content requirements, etc.) or provide quality assurance review of any files or the content or layout of your order. Prior to placing an order for customized products, you must review the text and content of your submission thoroughly for accuracy. Orders are printed in their “as submitted” form and you are solely and fully responsible for any text or content that is submitted as well as any final proofing. Ariat is not responsible for misspelled or mis-designed submissions; however, we reserve the right to reject orders and submissions that do not meet Ariat policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Be advised that the Website includes a virtual representation of your final product, and the preview and digitized artwork may vary from the final product depending on your tool. Ariat reserves the right to make digitization suggestions or decisions for design quality purposes. Digitization results may vary based on product, logo, designs, texture, fabric, number of colors, and similar reasons.

You are responsible for ensuring that any files submitted by you are in the proper format and transferred via a permitted transfer method. We reserve the right to limit the number of revisions you make to an order. If you have time sensitive material (i.e., it has a specific date by which it must be delivered), please plan accordingly. Product turnaround and shipping times are provided as estimates only and are in no way a guarantee. We will process customs orders as quickly as possible, but please allow up to thirty (30) business days for processing.

Design Tools. The design tools provided on the Website employ a number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements, to make all such elements available for use by other parties in the future and to modify or eliminate any design tool without notice in our sole discretion. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other end users may use the design tools to create designs that have similar or identical combinations of these elements and we do not guarantee that your design will not have similarities to other designs created and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party.

Ariat Brand Guidelines. Ariat prohibits placing logos, emblems, or designs on Ariat products that may negatively impact Ariat’s brand in Ariat’s sole discretion, including, without limitation, logos, emblems, and designs that are obscene, vulgar, advocate or display violence or illegal activity, and/or relate to sex and pornographic industries. Ariat is an environmentally conscious and socially and politically aware brand and reserves the right to prohibit logos, emblems, and designs that, in its sole and absolute discretion, run counter to, or are inconsistent with, its brand identity. The decoration of any Ariat garment with the proprietary mark, name or logo of any company or organization without the appropriate license and/or authorization of the company or organization is expressly prohibited. Ariat reserves the right to cancel any order that it deems to be in violation of Ariat’s brand guidelines. 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.  In the event a customer repeatedly violates brand guidelines, Ariat reserves the right to suspend or terminate a user account or customer account without notice. If you have any questions as to whether a particular design may violate Ariat’s brand guidelines, please feel free to contact crewinfo@ariat.com.

Submissions.  By submitting a Submission, you certify that you are at least eighteen (18) years old and have the right and authority to submit the Submission.  If submitting on behalf of an employer, you certify that you have authorization from your employer to do so on their behalf. You are solely responsible for your own Submissions. Ariat has no obligation to store, maintain or archive a Submission. A Submission may not be accessible after completion of your order. You are solely responsible for creating back-up copies of your Submissions. Ariat cannot provide copies of your Submission to you.

Intellectual Property. By placing a custom order, you certify that you have the lawful right to use all text and content submitted in your order and to authorize Ariat to copy, print and use the text and content to customize the product in the quantities requested in your order. IMPORTANT: You represent and warrant that your Submission (as defined below) does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or publicity. You agree that you will not contribute any Submissions unless you have all of the rights (including rights from the copyright owner) necessary to grant Ariat the use license, and to satisfy all of the warranty requirements, described above. We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.

Nothing contained in these Terms, this Website, or your ability to place custom orders on Ariat products shall be deemed by  implication, estoppel or otherwise to grant you any ownership interest in, nor shall it grant you or your affiliates the right to claim any ownership interest in any Ariat Intellectual Property. “Ariat Intellectual Property” means all industrial, commercial and intellectual property rights owned by Ariat including but not limited to all trademarks, copyrights, patents, trade dress rights, rights of publicity and/or other intellectual property rights owned, controlled, or licensed by Ariat. Ariat reserves all of its rights to and in all Ariat Intellectual Property, and nothing herein grants any rights in Ariat Intellectual Property to you. By using the Website, you agree not to take any action that is inconsistent with or in violation of Ariat’s Intellectual Property rights.

No Implied Affiliation, Collaboration, or Association. Customized goods should not be construed as creating an affiliation, collaboration, or any other type of association between You and Ariat. You agree not to make statements or representations to any third party or take any other action that would tend to imply any such affiliation, collaboration, or association.