Terms and Conditions

Russells Western Wear, Inc. (Russells) Terms and Conditions

Terms of Use

The following rules and regulations apply to all visitors or users of Russells website (the "Site"). By using the Site, you agree to follow and be bound by the terms of use and the rules and regulations set forth herein (collectively the "Terms"). In the event of a violation of these rules and regulations, Russells reserves the right to seek all remedies available by law and in equity. If you do not agree with or accept the Terms without modification, do not use this Site.

Changes to Terms

Please read these Terms regularly, as we may change, move or revise our Site at any time. By using the Site after any change in the Terms, you agree to follow and be bound by the Terms as modified.Everything you see, hear or receive from or on the Site, including, but not limited to, images, illustrations, designs, icons, photographs, trademarks, logos, text, software or HTML code, scripts, artwork, video and audio (collectively, the "Content") is owned by Russells, its affiliates or its licensors and are protected by copyright laws and other U.S. and other international laws and treaties. Russells owns all patents, copyrights, trademarks, trade names, trade dress, or other intellectual property rights related to this Site. No right, title or interest in our Content or related intellectual property rights is conveyed to you. No use of Content is permitted except as permitted herein. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited. Russells may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.

Limited License

Russells grants you permission to view this Site, to print individual pages from this Site, and to use or download Content from this Site solely for personal, noncommercial purposes, provided that you keep unchanged all copyright and other notices. This is a limited license, and not a transfer of title to our Content. Such license is subject to the following restrictions: (i) you may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site; (ii) you may not upload, post, transmit, distribute or otherwise publish on or to the Site any materials that (a) contain a software virus or other harmful component, (b) contain unsolicited advertising, commercial material, "junk mail", or "spam", (c) are false, threatening, libelous, invasive of anothers privacy, harassing, defamatory, pornographic, obscene or otherwise unlawful, (d) will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, (e) harmful to minors in any way, or (f) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) you may not (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with the Site or any other user's use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site; (c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting; (d) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or (e) insert any code or product or manipulate the Content in any way that affects any user's experience of the Site; and, (iv) you may not access or use the Site for any competitive or commercial purpose. The foregoing list is a non-exhaustive list or prohibited goods and services.
Furthermore, as a condition of your use of this Site, you represent and warrant to Russells that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. You promise to make only lawful use of the Site. You also promise to make no use of the Site that violates anyone else's rights, including copyright, trademark, trade secret, privacy or other rights.
Russells is not responsible or liable for the conduct of any Site user, or for materials published to the Site by any Site user other than Russells. All rights not expressly granted are reserved by Russells. Russells may revoke this limited license at any time for any or no reason.


Top Product Orders and Information

While we use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product listed on this Site at any time without notice. Products displayed on the Site can be delivered only within the United States. Prices are valid only in the United States and are subject to change without notice. We try to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your display will be accurate. We do not warrant the currency, accuracy or reliability of any Site information, including information about product price, availability or product specifications. Without prior notice, we reserve the right to revoke any special offers and to correct any errors, inaccuracies, typographical errors, or omissions that may relate to product descriptions, pricing, availability, or your overall order. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.


Trademarks

Russells and its affiliated companies retain all rights regarding the trademarks, trade names, brand names, trade dress, service marks and logos (collectively, the "Trademarks") used and displayed on this Site. All Trademarks are registered and/or common law trademarks of Russells or its affiliates. No license to the use of such Trademarks is granted to you under these terms and conditions or by your use of the Site. Russells actively enforces its intellectual property rights to the fullest extent of the law. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.


Links to Other Sites

The Site may contain links to external websites or resources operated by third parties. Any external or outside links are provided only as a convenience to the user. Your access to and any use of outside links and content is at your sole risk. Links from the Site do not constitute Russells' endorsement of any third party, its website, its goods or services or any content therein. Russells is not responsible for any outside sites or any content, advertising, products, services or other materials on or available and linked to or from the Site. We have no liability arising out of or related to such websites and/or their content or for any damages or injury 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 website.


Advertising

Russells may run advertisements and promotions on its Site, subject to change without notice to the user at any time. Your correspondence or participation with third party advertisers initiated from the Site, including payment and delivery of goods or services and any other terms, conditions, warranties or representations, are solely between you and such third party advertiser. Russells is not responsible or liable for any loss or damage incurred as the result of such business dealings or as the result of such advertisers on the Site.


Top User Comments and Submissions

We welcome your comments regarding our Site, our products and our services. However, any information that you transmit to the Site is not, and will not be treated as private, confidential or proprietary. Russells may make use of any information you transmit to us through the Site. This may include personal information about you and your use of the Site. Please review our Privacy Policy for more information. All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Russells on or by this Site (collectively, the "Submissions") in connection with your use of this Site shall be and remain the property of Russells. Russells shall not be obligated to pay to user any compensation for any such Submissions or to respond to such Submissions.


Disclaimer and Limitation of Liability

If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.


User Comments and Submissions

YOUR USE OF THE SITE IS AT YOUR OWN RISK. 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 THE SITE. TO THE FULLEST EXTENT ALLOWED BY LAW, RUSSELLS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. RUSSELLS PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS". RUSSELLS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

RUSSELLS SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RUSSELLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. Russells does not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements. Russells has sought to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that Content or materials on this Site are appropriate or available for use in any particular jurisdiction. In addition, Russells reserves the right to block or deny access to the Site to anyone at any time for any reason.


Indemnification

You agree to defend, indemnify and hold harmless Russells and its officers, directors, owners, agents, employees, affiliates, principals, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of any of the Terms.


Top Miscellaneous

Russells displays this Site and the Content solely to market and promote Russells' products and services in the United States. Russells controls and operates this Site from its offices in Tampa, Florida. The Terms shall be construed according to Florida, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, or products or services purchased using the Site, shall be resolved exclusively by the state and federal courts of the State of Florida. By using the Site, you consent to the jurisdiction and venue of Florida courts with respect to any such dispute. Any such court or administrative proceeding may accept as admissible a printed version of these Terms for proceedings that relate to this agreement or your use of the Site, and such printed version shall be subject to the same conditions as other business documents and records originally generated and maintained by Russells in the ordinary course of business.

These Terms, the Privacy Policy, and terms of sale comprise the full agreement between you and Russells with respect to this Site. These Terms supersede and cancel any prior written or oral agreement between you and Russells relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved. If any provision of the Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the rest of the Terms shall remain in full force and effect.


Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. Your obligations to Russells shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of all Content, whether made under the terms of these Terms or otherwise.


Violations

Please report any violations of the Terms to us, as described herein.

Contact Information

Please feel free to contact us at:

Russells Western Wear, Inc.
6027 N. Dale Mabry Hwy
Tampa, FL 33614
Phone: 813-600-5715