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Terms of Use

FOCUSED SPACE® IS A REGISTERED TRADEMARK WITH THE UNITED STATES PATENT AND TRADEMARK OFFICE AND IS OWNED BY UNITED WHEAT IP LLC (“UWI”) AND USED UNDER LICENSE TO UNITED LEGWEAR COMPANY LLC (“ULC”). AS USED HEREIN, UWI AND ULC ARE JOINTLY REFERRED TO AS “ULC.”

AS AN ACCOMMODATION TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS, ULC GRANTS YOU ACCESS TO ITS FOCUSED SPACE WEBSITE, ACCESSIBLE VIA WWW.FOCUSEDSPACE.COM, CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE “TERMS OF USE”). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH FOCUSEDSPACE.COM THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.

Acceptance of Terms.

IT IS IMPORTANT THAT YOU UNDERSTAND THE TERMS OF USE OF FOCUSEDSPACE.COM AND OUR PRIVACY POLICY. SHOULD YOU CHOOSE TO USE FOCUSEDSPACE.COM, YOU IMPLIEDLY AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO USE THESE TERMS AND COMPLY WITH THE CONDITIONS, EXIT FOCUSEDSPACE.COM IMMEDIATELY AND DISCONTINUE ANY USE OF FOCUSEDSPACE.COM AND ANY OF ITS CONTENT. SHOULD YOU USE FOCUSEDSPACE.COM IT WILL BE ASSUMED THAT YOU HAVE AGREED TO ABIDE BY EACH AND EVERY TERM SET FORTH BELOW. WE CAN CHANGE THESE TERMS AT ANY TIME AND IF WE DO WE WILL POST ALL UPDATES ON FOCUSEDSPACE.COM OR BY SENDING OUR REGISTERED USERS AN EMAIL WITH THE CHANGES. IF YOU DO NOT AGREE WITH ANY SUCH MODIFICATIONS OR CHANGES, YOU MUST CEASE USING FOCUSEDSPACE.COM, IN DEFAULT OF WHICH YOU SHALL BE DEEMED TO HAVE ACCEPTED THE REVISED TERMS AND CONDITIONS. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with ULC or its affiliates for other products or services. You are also subject to our privacy policy. These terms and conditions are effective as of August 31, 2016.

Use and Restrictions.

FocusedSpace.com may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using FocusedSpace.com under applicable laws.

FocusedSpace.com is provided solely as a convenience to you for non-commercial use. You may access and use FocusedSpace.com only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that ULC in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of FocusedSpace.com. You further agree that you will not:

  1. resell for commercial purposes products purchased through use of FocusedSpace.com;
  2. resell or make commercial use of FocusedSpace.com or Content therein;
  3. modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
  4. collect or use any product listings or descriptions;
  5. use any data mining, robots, or similar data gathering and extraction methods from FocusedSpace.com;
  6. other than for your use of FocusedSpace.com as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which FocusedSpace.com are hosted or modify or alter FocusedSpace.com in any way;
  7. forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via FocusedSpace.com;
  8. use, frame or utilize framing techniques to enclose any ULC trademark, logo or other proprietary information (including the images found at the FocusedSpace.com, the content of any text or the layout/design of any page or form contained on a page) without ULC’s express written consent; or
  9. use any meta tags or any other “hidden text” utilizing a ULC name, trademark, or product name without ULC’s express written consent.

Any unauthorized use of FocusedSpace.com will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of FocusedSpace.com, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on FocusedSpace.com are proprietary to ULC unless otherwise stated. You may not display or reproduce the Marks other than with the prior written consent of ULC, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

Copyright

The Content and FocusedSpace.com, as well as the selection and arrangement thereof, are the sole property of ULC and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with ULC’s express written consent. Other than as necessary for your use of FocusedSpace.com in accordance with these Terms of Use, ULC grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by ULC’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of FocusedSpace.com and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ULC’s express prior written consent.

Your Account

In order to purchase products or services through the use of FocusedSpace.com, you can establish an account with ULC. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of FocusedSpace.com that occur under your account or your account password.

You acknowledge and agree that ULC may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of FocusedSpace.com, and all information relating to the use of FocusedSpace.com under your account or account password if ULC is required to do so by law or legal process or if ULC determines, in its sole discretion, that such action is necessary to protect the rights of ULC, third parties, and other users of FocusedSpace.com or for purposes of responding to your request for customer service. ULC’s right to disclose any such information shall govern over any terms of our Privacy Policy.

Terms of Sale

All product sales from FocusedSpace.com are governed by any terms of sale that may be posted on FocusedSpace.com. It is in your best interest that you go to our contact page to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in ULC’s sole discretion so you should review the terms of sale each time you make a purchase.

Electronic Communications

You consent to receive electronic communications from ULC either in the form of email sent to you at the email address listed on your account or by communications posted on FocusedSpace.com. You acknowledge and agree that any electronic communication in the form of such email or posting on FocusedSpace.com shall satisfy any legal requirement that such communication be in writing.

Submissions

Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to ULC. Unless otherwise explicitly stated herein or in the ULC Privacy Policy, you agree that any Submission provided by you in connection with FocusedSpace.com is provided on a non-proprietary and non-confidential basis. You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through FocusedSpace.com (each a “Submission”) and through the services available in connection with FocusedSpace.com, and that you, and not ULC, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. You agree that ULC is free to use a Submission for the purpose of providing you and others with use of FocusedSpace.com and their functionality and providing you with the associated products and services, and you grant ULC a sublicensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License”) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to ULC a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of ULC products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and ULC is under no obligation to treat such Submissions as proprietary information except pursuant to ULC Privacy Policy applicable to personally identifiable information. SUBJECT ONLY TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You further agree that you will not upload, post or otherwise make available on FocusedSpace.com any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through FocusedSpace.com or otherwise have the right to grant the Licenses to ULC set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through FocusedSpace.com does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through FocusedSpace.com. When submitting Submissions to or otherwise using FocusedSpace.com and/or the services, you agree not to, without limitation:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Use racially, ethnically, or otherwise offensive language.
  3. Discuss or incite illegal activity.
  4. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  5. Post anything that exploits children or minors or that depicts cruelty to animals.
  6. Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
  7. Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
  8. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  9. Use any robot, spider, scraper or other automated means to access FocusedSpace.com.
  10. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

This list of prohibitions provides examples and is not complete or exclusive. ULC reserves the right in its sole discretion to (a) terminate your ability to post to FocusedSpace.com (or the services); (b) terminate your access to your account; and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ULC determines is inappropriate or disruptive to FocusedSpace.com or to any other user of FocusedSpace.com and/or services. ULC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ULC discretion, ULC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on FocusedSpace.com or on the Internet.

ULC takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, ULC is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require ULC to monitor, police or remove any Submissions or other information submitted by you or any other user.

Feedback

If you submit any feedback or ideas about our products and services to FocusedSpace.com, you hereby assign and agree to assign to ULC all right, title and interest in and to such feedback.

Modifications

Any Content offered or posted on FocusedSpace.com is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, ULC reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through FocusedSpace.com, at any time and from time to time.

Indemnification

You agree to defend, indemnify and hold harmless ULC, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of FocusedSpace.com, and your Submissions and any Personal Rights contained therein.

Links to Third Party Website

The ULC site may contain links to websites and other resources operated by third parties other than ULC. Such links are provided solely as a convenience to you. ULC does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party website or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Warranties and Disclaimer

FOCUSEDSPACE.COM, SUBMISSIONS AND ANY CONTENT PROVIDED VIA FOCUSEDSPACE.COM, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO FOCUSEDSPACE.COM, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ULC DOES NOT REPRESENT OR WARRANT THAT FOCUSEDSPACE.COM, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA FOCUSEDSPACE.COM IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE FOCUSEDSPACE.COM, YOU WARRANT TO ULC THAT YOU WILL NOT USE FOCUSEDSPACE.COM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

IN ADDITION, FOCUSEDSPACE.COM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. ULC THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ULC RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.

IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, ULC MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, ULC WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. WE APOLOGIZE FOR ANY INCONVENIENCE.

Limitation of Liability

ULC AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF FOCUSEDSPACE.COM ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Copyright and Trademark Infringements

Notification: ULC respects the intellectual property rights of others, and we ask you to do the same. ULC may, in appropriate circumstances and at our discretion, terminate service and/or access to FocusedSpace.com for users who infringe the intellectual property rights of others.

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.

Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with FocusedSpace.com and/or the Content must and will be venued exclusively in the City and State of New York, United States of America. These Terms of Use and the relationship between you and ULC will be governed by the laws of the State of New York and the federal laws of the United States of America, as applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The Uniform Commercial Code, as adopted by the State of New York, and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between ULC and you and any proceedings in connection with these Terms of Use and/or your use of FocusedSpace.com, exclusively shall be made in, the English language. ULC and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ULC as a result of these Terms of Use, our Privacy Policy or any use of FocusedSpace.com. ULC’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of ULC’s right to comply with law enforcement requests or requirements relating to your use of FocusedSpace.com or information provided to or gathered by ULC with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and ULC with respect to FocusedSpace.com, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ULC with respect to FocusedSpace.com.