TERMS OF USE

General
Site Usage Policy
Site Contents
Product Information
Colors
User Comments, Feedback, Postcards and Other Submissions
Indemnification
Links to Other websites
Disclaimer
Inaccuracy Disclaimer
Miscellaneous
Third-Party Trademarks
Notice for Reporting and Making Claims of Copyright Infringement
Termination




General

Jantzen.com is the official website for Jantzen, a division and wholly owned subsidiary of Perry
Ellis International, Inc. We ask that you abide by the terms and conditions of use that follow.
Please read them carefully, because your use of the Jantzen.com web site (the "Site") constitutes
your agreement to be bound by these terms.

If you do not agree to be bound by these terms and conditions of use, you may not access or
otherwise use this Site. We reserve the right to revise these terms and conditions 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 your use of the Site following any changes indicates your agreement to be bound by
those modifications.

Back To Top

 

Site Usage Policy

A) Security

You are prohibited from violating or attempting to violate the security measures on the Site,
including, without limitation:

(1) Using a false password or one belonging to another user or accessing data not
intended for the user or logging into a server or account which such user is not
authorized to access;

(2) Disclosing a password or permitting a third party to use a password or failing to
notify us if a password is compromised;

(3) Attempting to probe, scan or test the vulnerability of the system or network or to
breach security or authentication measures without proper authorization;

(4) Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or
"crashing";

(5) Sending unsolicited e-mail, including promotions and/or advertising of products or
services;

(6) Forging any TCP/IP packet header or any part of the header information in any e-
mail or newsgroup posting; or

(7) Hijacking all or any part of the Site content, deleting or changing any Site content,
deploying pop-up messages or advertising, running or displaying this Site or any
Site content in frames or through similar means on another Site, or linking to the
Site or any page within the Site, without our specific written permission.

(B) General Rules

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial
use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store
or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others
or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene,
offensive, threatening, defamatory, abusive or hateful.

(C) Violations

We have absolute discretion to determine if any use violates these rules, and to act as we deem
appropriate in the event of any violation. Violations of system or network security may result in civil
or criminal liability. We will investigate occurrences which may involve such violations and may
involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and
prosecuting users who are involved in such violations.

Back To Top

 

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs,
video clips, and written and other materials that appear as part of the Site (collectively, the
"Contents") are property owned, controlled, licensed or used with permission by Jantzen and/or its
parent company, and its subsidiaries and affiliates (collectively, “JZN”).

The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other
laws and all worldwide right, title and interest in and to the Site and its Contents are owned by JZN
or used with permission. Jantzen and all other trademarks appearing on this Site are trademarks of
JZN or are licensed or used with permission of the owner by JZN.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial
use by the users of the Site and may not be used except as permitted in these Terms of Use. You
may download or copy the Contents and other downloadable materials 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.

You may not reproduce (except as noted above), publish, transmit, distribute, publicly display,
modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in
whole or in part, any of the Contents, the Site, or any related software. Nothing contained on this
Site grants or should be construed as granting, any license or right to use, implied or otherwise,
any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material
displayed on this Site without the prior written consent of JZN or the owner of such material.

Back To Top

 

 

Product Information

Jantzen’s products displayed on the Site are generally available in most cases in select department
and/or company-owned stores in the United States and select foreign markets while supplies last.
In some cases, merchandise displayed on the Site may not be available in stores and Jantzen
makes no representations or warranties that any of the products or services displayed on the Site
will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars
and represent manufacturer’s suggested resale prices for the United States.

Back To Top

 

Colors

We have made every effort to display as accurately as possible the colors of our products that
appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.

Back To Top



User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or
offered to JZN on or by this Site or otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, "Comments") shall be and remain JZN’s property.

Such disclosure, submission or offer of any Comments shall constitute an assignment to JZN of all
worldwide right, title and interest in all copyrights and other intellectual properties in the
Comments. JZN is and shall be under no obligation (1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal or proprietary right(s). You
further agree that none of the 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 Comments you make.

You agree that JZN may send electronic mail to you for the purpose of advising you of changes or
additions to this Site, about any of JZN's products or services, or for such other purpose(s) as JZN
deems appropriate. You agree that JZN may use and/or disclose information consistent with our
Privacy Policy.

Back To Top

 

Indemnification

You agree to defend, indemnify and hold JZN harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising from or related to your use of the
Site.

Back To Top

 

Links to Other Web Sites

To the extent that this Site contains links to outside services and resources, including other
websites, the availability and content of which JZN does not own, operate or control, any concerns
regarding any such service or resource, or any link thereto, should be directed to the particular
outside service, resource or website.

Any such links are provided solely as a convenience to you. If you click on these links, you will
leave this Site. JZN makes no representations or warranties concerning and is not responsible for
the content, information or other material on or accessed from any other websites that are not
owned, operated or controlled by JZN.

Back To Top

 

Disclaimer

JZN assumes no responsibility for and shall not be liable for any damages to, interruption of
service or viruses that may infect your computer or telecommunications equipment arising from
your access to or use of this site and its contents.

In no event shall JZN or any of its affiliated entities or suppliers or their respective officers,
directors, attorneys, employees or agents be liable for any indirect, special, punitive, incidental,
exemplary or consequential damages, even if JZN has been previously advised of the possibility of
such damages, whether in an action, under contract, negligence or any other theory, arising out of
or in connection with the use, inability to use or performance of the information, services, products
and materials available from the site.

These limitations shall apply notwithstanding any failure of essential purpose or the existence of
any limited remedy. Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the
above limitations may not apply to you.

Back To Top

 

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors,
inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and
availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or
update information at any time without prior notice. We apologize for any inconvenience this may
cause you.

Back To Top

 

Miscellaneous

Unless otherwise specified and except to the extent Jantzen’s products are offered for sale in the
United States through this Site, this Site and the Contents thereof are displayed solely for the
purpose of promoting Jantzen’s products and services available in the United States and select
foreign markets. This Site is controlled and operated by JZN from its offices in Miami, Florida.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the
State of Florida, 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
State of Florida.
may not apply to you.

Back To Top

 

Third-Party Trademarks

Third-party trade names, product names and logos, contained in this website may be the
trademarks or registered trademarks of their respective owners.

Back To Top

 

Notices for Reporting and Making Claims of Copyright Infringement

JZN will investigate notices of copyright infringement and take appropriate actions under the
Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to
the following designated agent for this website:

Perry Ellis International, Inc.
Attn: General Counsel – Intellectual Property
3000 N.W. 107th Avenue
Miami, FL 33172

VIA FACSIMILE: (305) 406-0513
VIA EMAIL: legal@jantzen.com

Please send any concerns regarding our products or services to custserv@Jantzen.com

Back To Top

 

Termination

This Agreement is effective unless and until terminated by either you or JZN. You may terminate
this Agreement at any time. JZN also may terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny you access to the Site, if in JZN’s sole discretion
you fail to comply with any term or provision of this Agreement.

Back To Top