Terms And Conditions

TERMS OF USE

WELCOME TO THE WEBSITE OF ARIAT INTERNATIONAL, INC.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before using any Ariat site.

These terms tell you the rules for using our website www.ariat.com, two24.ariat.com, and www.ariatwork.com ("our sites").

[Click on the links below to go straight to more information on each area:]

WHO WE ARE AND HOW TO CONTACT US

www.ariat.com is a site operated by Ariat International, Inc. (”we” or “Ariat”). Our headquarters are located at 1500 Alvarado Street, San Leandro, CA 94577.

To contact us, please email compliance@ariat.com or telephone our customer service line at (877) 702-7428. Our customer support service is open from Monday to Friday from 7am to 5pm (PST).

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy [www.ariat.com/privacy-policy.html], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy detailed below, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy [www.ariat.com/cookie-policy.html], which sets out information about the cookies on our site. If you purchase goods from our site, our Terms and Conditions of Sale will apply to the sales.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on September 10, 2019.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at compliance@ariat.com.

Our site is directed to people residing in the United States. We do not represent that content available on or through our site is appropriate for use or available in other locations.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

ACCEPTABLE USE POLICY

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale below.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you agree that your use and the content you upload shall not:

  1. breach any applicable local, national or international law or regulation;
  2. be unlawful or fraudulent, or have any unlawful or fraudulent purpose;
  3. be for the purpose of harming or attempting to harm minors in any way;
  4. transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation;
  5. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  6. disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
  7. attempt to gain access to other computer systems;
  8. interfere with anyone else’s enjoyment of our site;
  9. interfere with or disrupt networks or websites connected to our site.

You warrant that any such contribution does comply with those standards and does not infringe a third party's rights, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary and any rights in such content will be dealt with in accordance with our "Rights you are giving us to use material you upload" section below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy contained herein.

You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us the following rights to use that content:

  1. To Ariat and its affiliates and agents, a perpetual, irrevocable, fully transferable, fully paid, non-exclusive, royalty-free licence, to use, reproduce, modify, create derivative works from, display, store, adapt, publish, translate, display and distribute your content, along with your name and likeness, throughout the world in any existing or future media, without obtaining additional consent, without the need to provide any attribution, without restriction, without the need to notify you, and without any duty or obligation to compensate you in any way. You also hereby waive any moral rights you may have in any such material and/or content.
  2. To third parties, a limited license to use the content for their purposes or in accordance with the functionality of the sites.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact compliance@ariat.com.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Please note that these terms of use, their subject matter and their formation, are governed by California Law. THESE TERMS OF USE WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You and we both agree that the courts of Alameda County, CA will have exclusive. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

OUR INTELLECTUAL PROPERTY RIGHTS

ARIAT, the Shield Logo and Two24 are registered trademarks of Ariat International, Inc. You are not permitted to use them without our prior written approval.

In addition to our above mentioned trademarks, all other content on this site (including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software) is owned by or licensed to Ariat, our affiliates (including without limitation Ariat International, Inc.), and our respective licensors or content providers, and is protected by copyright, trade mark and other applicable laws. Your use of the site does not entitle you to any intellectual property rights or any other rights to our content, other than the limited rights of use granted to you pursuant to these terms. You may not use the website or our content on the site for any commercial purpose whatsoever.

TERMINATION

Ariat may terminate or modify any Ariat site, member program, product or service at any time without notice. Ariat may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Ariat, subject to applicable law. You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law. These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY

Ariat International, Inc. may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. Ariat’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Ariat’s rights. Users should always assume these Terms apply. If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

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