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Terms of Use (Web)

TRIMARKSPORTSWEAR.COM TERMS OF USE
Effective as of: February 23, 2004


This Website, currently located at trimarksportswear.com and brandsthatfit.ca, as well as all service related to this website (collectively, the "Site") is provided by Trimark Sportswear Group. ("TSG" "us", "our", "we" or "Trimark Sportswear Group Inc.") The terms and conditions set forth in this terms of use notice ("Terms of Use") shall govern and apply to your visit to and use of the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site.

General use of site

Provided that you comply with the Terms of Use, you have the right to use this Site to (a) view various materials, including all information, product images and specifications, and other content on the Site (collectively, the "Materials"), and (b) subject to any other requirements that TSG may specify, access services ("Services") provided and products ("Products") offered by TSG on this Site.

TSG reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at TSG's sole discretion.

Member Sign In

In order to better utilize the Site and for value-added service, we encourage you to become a member of the Site ("Member"). If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms of Use. You may review, correct, change, or update your membership information by visiting My Profile, or by e-mailing our customer support at order@trimarksportswear.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership.

You must be an authorized distributor of Trimark Sportswear Group to be given access to the Distributors-only section. To gain access, fill out the login form with all of the required details. We will confirm that you have an account with Trimark. As well, we will call the number listed in our records to confirm that you own or are employed by the account. If both criteria are met, the account will be activated. If the criteria are not met, the application will be deleted.

We reserve the right to reject any Member Name in our sole discretion. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, Member Name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information in My Profile, and immediately notify us by emailing us at order@trimarksportswear.com. You are solely responsible for maintaining the confidentiality of your Member Name and password for any and all activities (including purchases) that are conducted through your account.

Sweepstakes and Contests

From time to time, we may offer contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.

Site Conduct

The Site is intended to be used for lawful purposes only. You may not post or transmit any material or content on the Site that violates or infringes in any way upon the rights of others or solicits, encourages, or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, provincial, or federal law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking", "cracking", "spoofing", or defacing any portion of the Site.

You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to Website or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent. Additionally, you may not harvest or collect information about Site visitors or Members without their express consent.

Copyright 2004 Trimark Sportswear Group Inc.


All rights reserved. This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may download or copy one copy of the Site Content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.

Trademarks: Trimark Sportswear Group Inc., On Tour, Landmark, Outer Boundary, Nexus, Elevate, TravelWare, EZ-Care, W.E.B. Tech, EZ-Flyer and EZ-Quote are trademarks of Trimark Sportswear Group Ltd.. Other marks, graphics, typefaces, trade names and logos appearing on the Site are trademarks or trade dress of TSG. All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.

Product Descriptions

While we attempt to provide accurate information on the Site, we do not warrant that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. We suggest that you order sizing samples to have a more accurate sizing for our styles. Embroidery on garments and bags are for website use only. All garments and bags are shipped blank. Colours are representations only. We do not guarantee that the colour shown here will exactly match the garment colour. Please refer to the Terms and Conditions listed on the Trimark Net Price List for full details.

Monitoring

We shall have the right, but not the obligation, to monitor the content of the Site, to determine compliance with these Terms of Use and any other operating rules established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site that we find to be in violation of these Terms of Use or is otherwise objectionable or stale, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, and our Members and visitors, and to comply with legal obligations or governmental requests. Notwithstanding these rights or obligations of TSG, you shall remain solely responsible for any information that you post, transmit or otherwise make available on or through the Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site.

Indemnification

You agree to defend, indemnify, and hold harmless TSG, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of these Terms of Use by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in its sole discretion.

Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

Privacy

See the trimarksportswear.com Privacy Policy

Our Address

Trimark Sportswear Group
30 Staples Avenue
Richmond Hill, ON, Canada
L4B 4W3

Permissions

If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion.

Linking To Our Site

If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to order@trimarksportswear.com this includes linking to our generic websites in both French and English languages.