Terms & Conditions

Welcome to www.rocawear.com (this “Site”). Rocawear provides this Site and related services subject to the following terms and conditions of use (the “Site Terms”). By accessing, browsing or using this Site you agree to follow and be bound by these Site Terms and all applicable law.

PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is part of these Site Terms.

LICENSE, SITE ACCESS AND USE

We grant you a limited license to make personal use of this Site. All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Rocawear or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. The grant to you of a limited license to use this Site does not include any right to : (a) resell or commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Rocawear trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) collect and/or use any product listings or descriptions; (e) make derivative use of this Site and any of the contents of this Site; or (f) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of this Site or to collect any information from this Site or any other user of this Site.

You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from this Site. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

SITE CONTENT

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to this Site.

ELECTRONIC COMMUNICATIONS

When you visit this Site, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such agreements, notices, disclosures or communications be in writing.

YOUR ACCOUNT

If your use of this Site requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on this Site, you agree that any information you provide to us will be current, accurate and complete. Rocawear will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Rocawearor another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify Rocawear immediately of any unauthorized use of your account and/or password(s), or other breach of security.

ORDERS AND PRICE

The information on this Site does not constitute a binding offer to sell products described on this Site. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. We will not accept any order from outside the United States. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of Rocawear, or are used with express permission to Rocawear. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Rocawear or its content suppliers and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Rocawear and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can only be made with the prior written and express authorization of Rocawear. For further information on how you may obtain authorization to use any materials or content on this Site, please contact Rocawear at Contact provided on this Site.

TRADEMARKS

All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of Rocawear or its affiliates. Rocawear and its affiliates’ trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of Rocawear. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Rocawear, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rocawear. All other trademarks, registered trademarks, product names and company names or logos used on this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of Rocawear or its affiliates, nor may you place any meta tags or any other “hidden text” utilizing Rocawear’s or its affiliates’ names, trademarks, or product names without our express written consent.

MATERIAL YOU SUBMIT

You are responsible for any material you may submit via this Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant Rocawear and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. And you grant Rocawear and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Rocawear for all claims resulting from content you supply.

LINKS TO OTHER SITES

This Site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and Rocawear is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This Site including its content is provided by Rocawear on an as-is basis without warranties of any kind (expressed or implied), and all warranties are disclaimed. Rocawear makes no representations or warranties that this Site or its content is free of errors, makes no warranties that this Site or its server(s) are free of harmful components or viruses even if Rocawear has been advised of possible damages arising, and is not responsible for errors or omissions relating to pricing, text, or any other content on this Site. Use of this Site is at your own risk.

TERMINATION

Notwithstanding any of these Site Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site and to block or prevent your future access to and use of this Site for any reason or no reason. If we do terminate, you will continue to be personally liable for any orders that you place or charges or other liabilities that you incurred prior to termination. Termination will not waive or affect any other right or relief to which we may be entitled, at law or in equity and, if we do terminate your license to use this Site, these Site Terms will continue to apply.

APPLICABLE LAW

By accessing, browsing or using this Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Rocawear or its affiliates. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms or any product or service offered or displayed on this Site shall be filed and adjudicated only in the federal or state courts located in the City of Los Angeles, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and Rocawear or any of its affiliates.

ENTIRE AGREEMENT

These Site Terms, our Privacy Policy and all other policies or operating rules posted on this Site constitute the entire agreement between the user and Rocawear with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Site Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

SITE POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to this Site, our Privacy Policy, these Site Terms and any other policies or operating rules posted on this Site at any time. If any term, condition, policy or rule is found to be invalid, void, or for any reason unenforceable, it shall be deemed severable and shall not affect the validity and enforceability of any remaining term, condition, policy or rule.

CONTACT US

If you have any questions or suggestions regarding our Site Terms, please contact us at our corporate office:

Rocawear
1450 Broadway, 3rd floor
New York, New York 10018
212.730.0030
customerservice@rocawear.com

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