TERMS AND CONDITIONS
TERMS AND CONDITIONS
Use of This Site Constitutes Acceptance Of These Term and Conditions. Welcome to the tommy.com web site (the “Site”). Please carefully read the following term because, by using this Site, you agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this Site. Tommy.com reserves the right, at any time, to modify, alter or update these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates.
All materials, including illustrations, photographs, product, images, artwork, designs, text graphics, logos, button icons, images, audio clips and software (collectively, “Content”) appearing on this Site are owned or controlled by tommy.com, Tommy Hilfiger Licensing Inc. and/or its subsidiaries, affiliates and content suppliers (collectively, “Hilfiger”) and are content suppliers (collectively, “Hilfiger”) and are protected by worldwide trademark, trade dress and copyright laws. The Content of this Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from this Site) use by the users of this Site. You may not download Content from this Site, or otherwise modify, obscure or delete any copyright or other propriety notices on this Site. No right, title or interest in any materials or software, if applicable, on this Site is transferred to you from your use of this Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software.
OWNERSHIP OF INTELLECTUAL PROPERTY
All trademarks, service marks and trade names on this Site, including without limitation, the flag logo, the flag in motion logo, the crest design, Tommy Hilfiger signature, TOMMY®, TOMMY HILFIGER®, TOMMY GIRL®, TOMMY JEANS®, tommy.com®, H HILFIGER® and HILFIGER ATHLETICS®, are proprietary to Tommy Hilfiger Licensing, Inc. No use of these may be made without prior, written authorization of Tommy Hilfiger Licensing, Inc. The products, logos, designs, advertisements and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by Hilfiger or other third parties. No license is granted with respect to these intellectual property rights.
Hilfiger cannot guarantee that the products and selection appearing on this Site will be available, either through this Site or at retail locations. All product descriptions, specifications, colors, and prices are subject to change by Hilfiger at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display of the colors of products offered on this Site. Please call us at 1-888-tommy4u for if you need assistance with our products.
Products offered for sale and services available on tommy.com are for personal use only, not for re-sale. We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of our business practices, applicable laws or policies.
ACCURACY OF INFORMATION
The information presented on this Site has been compiled by Hilfiger from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete or out of date information. Hilfiger reserves the right to make changes to the information in this Site, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but Hilfiger makes no commitment to correct or update this information.
THIS INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEO, AUDIO AND HYPERLINKS, ARE PROVIDED, “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OF COUSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT IN NO EVENT SHALL HILFIGER BE LIABLE FOR ANY DIRECT, INDIRECTR, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILTY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
You agree to defend, indemnify and hold Hilfiger harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Site, your access to, or inability to access this Site, or from your reliance upon any information contained in this Site.
LINKS TO OTHER WEBSITES AND SERVICES
Tommy.com may contain links to web sites other than our own. Tommy.com does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Tommy.com does not control the content of these sites and takes no responsibility for their content, nor should it be implied that tommy.com endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.
This Site is created and controlled by tommy.com in the State of New York, U.S. If there is a dispute about our policies and procedures or your use of this Site, the laws of the State of New York, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in New York City.