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HollowayUSA.com – Terms of Service

www.HollowayUSA.com

Important Legal Information

Overview:

The following rules and regulations apply to all visitors or users of the HollowayUSA.com Web Site, the home page of which is at http:// www.HollowayUSA.com (“Web Site”). By using this Web Site, you agree to be bound by these rules and regulations, as they may be modified by Holloway Sportswear, Inc. at any time and posted on this Web Site. In the event of a violation of these rules and regulations, Holloway Sportswear, Inc. reserves the right to seek all remedies available at law or in equity.

Limited License:

The Holloway Sportswear, Inc. Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Holloway Sportswear, Inc. as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Holloway Sportswear, Inc. Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Holloway Sportswear, Inc. may revoke this limited license at any time for any or no reason. Valid and active Holloway Sportswear, Inc. dealers and distributors are allowed to use product and/or color reference of product photographs and images without prior written or verbal approval.

Trademarks:

Holloway Sportswear, Inc. and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Holloway Sportswear, Inc. and Holloway Group, Inc. and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Holloway Sportswear, Inc. Web Site. Your misuse of the trademarks displayed on the Holloway Sportswear, Inc. Web Site is strictly prohibited. You are also advised that Holloway Sportswear, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by official Holloway Sportswear, Inc. dealers and distributors (the "Dealer Sites"). These links are provided for your convenience only. In addition, certain Dealer Sites also may provide links to the Holloway Sportswear, Inc. Web Site. None of such links should be deemed to imply that Holloway Sportswear, Inc. endorses the Dealer Sites or any content therein.

Holloway Sportswear, Inc. does not control and is not responsible or liable for any Dealer Sites or any content, advertising, products, or other materials on or available from such Dealer Sites. Access to any Dealer Sites is at your own risk and Holloway Sportswear, Inc. will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Dealer Site.

Special Notice:

Holloway Sportswear, Inc. has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Holloway Sportswear, Inc. web page is prohibited absent express written permission from Holloway Sportswear, Inc.. Framing, inline linking or other association of the Holloway Sportswear, Inc. Web Site or its Materials with links, advertisements and/or other information not originating from the Holloway Sportswear, Inc. Web Site is expressly prohibited.

Disclaimer of Warranty:

Access to Holloway Sportswear, Inc. Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Holloway Sportswear, Inc. reserves the right to block or deny access to the Web Site to anyone at any time for any or no reason.

Jurisdiction:

Holloway Sportswear, Inc. controls this Web Site from its offices within the State of Ohio. Holloway Sportswear, Inc. does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Shelby County, Ohio.

Your Communications:

Holloway Sportswear, Inc. shall be free to use any ideas, concepts, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Holloway Sportswear, Inc. through the Web Site shall be subject to the Web Site's Privacy Policy.

Limitation of Liability:

IN NO EVENT WILL HOLLOWAY SPORTSWEAR, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF HOLLOWAY SPORTSWEAR, INC.IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions:

Holloway Sportswear, Inc. may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Holloway Sportswear, Inc. also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Holloway Sportswear, Inc. may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

General Information:

The TOS constitute the entire agreement between you and Holloway Sportswear, Inc. and govern your use of the Service, superceding any prior agreements between you and Holloway Sportswear, Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Holloway Dealer WebServices shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. The failure of Holloway Dealer WebServices to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. As used herein, “Holloway Dealer WebServices” shall also mean “Holloway Sportswear, Inc.”