The G-III Web Site (the “Site”) is an online information service where you can learn more about G-III Apparel Group, Ltd. (“G-III”) and its affiliates and brands, and is available subject to your compliance with the terms and conditions set forth below. Nothing on this Site shall be construed as creating any warranty or other obligation on the part of G-III.
Agreement. Please read the following information carefully before using this Site. By using this Site, you agree to be bound by these Terms. If you do not agree with any part of the Terms, do not use this Site. G-III reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time, and by using this Site after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties; Limitation of Liability. THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL G-III BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $10, whichever is less.
Statements concerning G-III’s business outlook or future economic performance, anticipated revenues, expenses or other financial items; product introductions and plans and objectives related thereto; and statements concerning assumptions made or expectations as to any future events, conditions, performance or other matters are “forward-looking statements” as that term is defined under the Federal Securities laws. Forward-looking statements are subject to risks, uncertainties and factors which include, but are not limited to, reliance on licensed product, reliance on foreign manufacturers, risks of doing business abroad, the current economic and credit environment, the nature of the apparel industry, including changing customer demand and tastes, customer concentration, seasonality, risks of operating a retail business, customer acceptance of new products, the impact of competitive products and pricing, dependence on existing management, possible disruption from acquisitions, risks relating to G-III’s operations of the Donna Karan International Inc. business and general economic conditions, as well as other risks detailed in G-III’s filings with the Securities and Exchange Commission. G-III assumes no obligation to update the information on this Site.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Our Copyrighted Materials. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by G-III and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of G-III or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the Materials infringe on any of your intellectual property rights, please contact G-III immediately at the address provided below. Except as expressly provided herein, G-III and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a copyright.
Trademarks. Trademarks and service marks that may be referred to on this Site are the property of G-III or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of G-III Apparel Group, Ltd. or the G-III logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain G-III’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except G-III; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, G-III and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
Prohibition on Scraping. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
Ownership of Usage Data. G-III may collect and aggregate data about your usage of the Site, and G-III shall be the sole owner of such information.
Must Be At Least 18 Years Old to Use This Site. At this Site G-III makes no active effort to collect personal information from individuals under the age of eighteen (18). G-III requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Site Controlled from United States. This Site is controlled from offices within the United States. G-III makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Not Authorized to Do Business In Every Jurisdiction. G-III is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
For further information, or inquiries about this Agreement, please contact:
G-III Apparel Group, Ltd.
512 Seventh Avenue, 35th Floor
New York, NY 10018