Welcome to the Jack Nicklaus Sportswear website (the "Site"). Please read the below terms carefully,
because your use of the Site constitutes your agreement to these terms. Jack Nicklaus Sportswear reserves the right to make changes to
the Site and to these Terms of Use from time to time. When we make changes,
we will post them here. You may wish to check this section from time to time,
because by visiting the Site, you agree to accept any such changes.
Merchandise Availability
Jack Nicklaus Sportswear prides itself in providing exclusive, quality merchandise.
Availability of merchandise may vary. Some featured items may be available
only in limited quantities or only while supplies last. Once an item is out
of stock, we will attempt to remove the item promptly from display on JackNicklausSportswear.com. Display of an item on JackNicklausSportswear.com is not a guarantee that
the item is currently in stock or that it will be available on our website
when you visit again. If you are unable to locate a particular item that caught
your attention on a previous visit to our website or if you have any questions
concerning the availability of a particular item, please contact our Customer
Service Department at Jack Nicklaus Sportswear, 610 UHLER ROAD, P.O. 469, EASTON, PA 18044. We will make every effort
to fulfill your requests whenever possible.
Merchandise Display
Jack Nicklaus Sportswear will make every reasonable effort to display
its merchandise on JackNicklausSportswear.com as accurately as possible. Unfortunately,
various factors, including the display and color capabilities of your computer
monitor, may significantly affect what you actually see on your screen. Jack Nicklaus Sportswear is not responsible for the display of any color, texture or
detail of its merchandise on your computer screen and cannot guarantee the
accuracy thereof. However, if you are dissatisfied with any item you purchase
from JackNicklausSportswear.com, you can return or exchange it to us. For more information
regarding Jack Nicklaus Sportswear 's return and exchange policy and
procedures, please visit the Site Help page on our website, and then click
on the "Returns & Exchanges" section.
Copyright and Trademarks
The entire content (images and text) of JackNicklausSportswear.com is copyrighted
and may not be reproduced, published, broadcast, posted, modified, transmitted,
displayed, distributed, downloaded or otherwise used except as provided herein
without the express written permission of Jack Nicklaus Sportswear .
All Jack Nicklaus Sportswear trademarks, trade names, service marks,
service names, product names, and intellectual property, whether or not delineated
in large print or with trademark symbols or in any other fashion, are trademarks
and/or intellectual property of Hartmarx, Inc. or its affiliates. The use
(except as permitted herein) or misuse of the trademarks or any other intellectual
property of Hartmarx, Inc. is expressly prohibited and may be in violation
of copyright, trademark, slander or libel laws, privacy law and publicity
and communications regulations and statutes. Hartmarx, Inc. actively and aggressively
enforces its intellectual property rights to the fullest extent of the law.
Your Account
When and if you use the Site, it shall be your sole responsibility to maintain
the confidentiality of your e-mail address, password and any other account
identifiers related to any personal account you created on the Site (the
“Account”), and for restricting access to your computer(s). You also agree to
accept sole responsibility for any and all activity that occurs under your
Account.
User Comments
Any comments, suggestions, ideas, materials and other submissions ("User
Comments") that you send to Jack Nicklaus Sportswear are provided on
a non-confidential basis. By submitting User Comments, you are granting
Jack Nicklaus Sportswear an irrevocable and unrestricted license
for any purpose whatsoever, including use, reproduction, publication, broadcast,
posting, modification, transmission, display, and distribution. However,
because we value the trust that you have placed in us, we will not use any of
your personal information (name, etc.) in connection with your User Comments
without your consent. For further information regarding Jack Nicklaus Sportswear's protection of your personal information, please see our Privacy & Security Statement.
You agree that no User Comments submitted by you to the Site will violate any
right of any third party, including copyright, trademark, privacy or other
personal or proprietary rights. You further agree that no User Comments
submitted by you to the Site will be or contain libelous or otherwise unlawful,
abusive or obscene material. You are and shall remain solely responsible for
the content of any User Comments you make.
Links to Other Websites
When you access a non-Jack Nicklaus Sportswear website, please
realize that it is independent of Jack Nicklaus Sportswear. Linking to any off-site pages is at
your own risk. Jack Nicklaus Sportswear makes no warranties or representations about any
non-Jack Nicklaus Sportswear website and has no responsibility for
such websites or their content. In addition, certain third party sites may also
provide links to the Jack Nicklaus Sportswear Site. None of such links should be deemed to imply
that Jack Nicklaus Sportswear endorses such third party sites or
any content therein.
By accessing JackNicklausSportswear.com, each user also agrees not to use
JackNicklausSportswear.com to post or transmit any offensive, harmful, unlawful,
threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic
or profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability, or
would otherwise violate the law. Jack Nicklaus Sportswear reserves
the right to take such action as it deems appropriate in cases where
Jack Nicklaus Sportswear websites are used to disseminate such
materials.
Pricing
Prices displayed on JackNicklausSportswear.com are quoted in U.S. currency and are
valid and effective only in the United States. Prices are subject to change at
any time.
Information Accuracy
Jack Nicklaus Sportswear will use reasonable efforts to include
accurate and current information on the Site, but there may be occasions when
information on the Site contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, availability and
other matters. Jack Nicklaus Sportswear makes no warranties or
representations regarding the accuracy of such information and will not be
bound thereby. Jack Nicklaus Sportswear reserves the right to
correct any errors and to update Site information at any time (including after
you have submitted your order). We apologize for any inconvenience this may
cause you.
Noncommercial Use
This website, its contents and sales of merchandise through the use of this
website are intended solely for the personal, noncommercial use of our clients.
You may download or copy the content displayed on the Site for your personal
use only. No right, title or interest in any downloaded materials or software
is transferred to you as a result of any such downloading or copying.
Merchandise is not offered for resale.
Disclaimer
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." Jack Nicklaus Sportswear DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. 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 OUR WEBSITE. NEITHER Jack Nicklaus Sportswear
NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE
OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER
CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, OR ERRORS OR OMISSION IN THE
CONTENT THEREOF, EVEN IF Jack Nicklaus Sportswear HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF
JackNicklausSportswear.com AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.
Miscellaneous
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of New York, without giving effect to any conflict of law
provisions. Any dispute arising under this Agreement shall be resolved
exclusively by an appropriate federal or state court sitting in the
Commonwealth o f Pennsylvania.
Termination
Jack Nicklaus Sportswear may terminate this Agreement and deny you
access to the Site at any time, immediately and without notice, if in
Jack Nicklaus Sportswear's sole discretion you fail to comply with any
term or condition of this Agreement