TERMS OF USE AND CONDITIONS OF SERVICE

Update August 2024

The Atlastsportswear.com website (the “Site”) is a service provided by At Last Sportswear, Inc. (“ALS,” “we,” or “us”). These Terms of Use and Conditions of Service, along with any additional terms and conditions that may be posted on the Site from time to time (collectively, the “Terms”), establish the terms and conditions under which you may access and use the Site.

BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.

1. Use of Site and Content.

1.1 Use of Site. You may access and use the Site strictly for your personal purposes, provided that you comply with these Terms. You agree not to use the Site in any way that violates these Terms or applicable laws. We reserve the right, at our sole discretion, to terminate or suspend your access to the Site, or any part of it, at any time, with or without notice and for any reason (or no reason). If your access is terminated, you agree not to attempt to access the Site, directly or indirectly. If your access is suspended, you agree not to attempt to access the Site, directly or indirectly, until the suspension is lifted and we notify you accordingly.

1.2 Use of Content. You are permitted to make a single copy or print a single copy of any information displayed or transmitted on the Site (including, but not limited to, logos, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, videos, HTML, source and object code, software, data, and similar materials, collectively referred to as "Content") for your personal use only.

1.3 Restrictions. Except as expressly permitted in Section 1.1 and 1.2 above, you agree not to, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, perform or display any Content, in each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Content, (e) archive or retain any Content in any form, (f) use Content for any commercial purposes, (g) use any of our trademarks as metatags on other web sites, (h) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (i) display any part of the Site in frames (or any Content via in-line links). You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Content in any way that affects the user’s experience. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with instructions directed to search engines and available on the Site.

1.4 Product Information and Colors.

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

2. Registration; User Submissions.

2.1 Registrations. Certain sections of the Site may require user registration. In the event that you register or provide any information to us, you hereby agree to furnish only truthful, accurate, current, and complete information. Should we issue you a username and/or password, you agree to maintain the confidentiality of such credentials and are solely responsible for safeguarding them. Furthermore, if you permit another individual to use your account, you acknowledge and agree that you bear full responsibility for all activities conducted on the Site by that individual.

2.2 User Submissions.

By posting or uploading content you have created (including without limitation, photographs, your social media handle, videos, reviews, suggestions and comments) (collectively, “User Submissions”) in connection with your use of the Site or through use of tools or applications we may provide for posting or sharing your User Submissions (including those that you have tagged with ALS brand hashtags), you grant to ALS and its third-party service providers who provide ALS with content management and website services (collectively, “the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your ALS tagged User Submissions and other User Submissions in any manner in ALS’s sole discretion (including, but not limited to, use on its webpages, social media site pages used by ALS, and in its other marketing, promotional and advertising activities), in any media now or hereafter known. ALS may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You hereby grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions as ALS determines in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, or the holder of any such rights has provided you with all necessary licenses, rights, consents and permissions to publish the User Submissions you submit and to grant the rights granted herein, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein, including the right to use and grant the Licensed Parties’ the right to use their name, image, voice and /or likeness without need for payment to you or any other person or person, (iii) you and all person(s) appearing in your User Submissions are not minors, (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, and (v) your User Submissions will not be or contain false, libelous, defamatory, harassing, threatening or otherwise unlawful, abusive, hateful, indecent or obscene material. You hereby release, discharge and agree to hold harmless ALS, the Licensed Parties, its parent and affiliates, and any person acting on ALS’s or their behalf from any liability related in any way to the Licensed Parties’ use of your User Submissions.

Your User Submissions are deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except under the Licensed Parties’ respective privacy policies. ALS is and shall be under no obligation (1) to pay you any compensation for any User Submissions or (2) to use or respond to your User Submissions or to identify you in connection with any such use.

ALS may review, remove, reject or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject or revise content that we believe violates these Terms, is otherwise objectionable, or for any other reason, without prior notice.

3. Linking and Third Party Dealings.

3.1 Links to External Sites.

We may provide hyperlinks to websites and internet resources operated by third parties not affiliated with ALS. We have no control over these sites, their resources, or their privacy policies. These hyperlinks are provided solely for your convenience. The inclusion of any hyperlink does not imply sponsorship, affiliation, or endorsement of the content on such websites or of their operators.

3.2 Third-Party Dealings.

Some portions of the Site may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

4. Intellectual Property.

Except for Content that is in the public domain, all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) ALS, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Terms. Except as otherwise expressly provided in these Terms, all rights in and to the Content are expressly reserved by ALS.

5. No Warranties.

The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). ALS does not represent or warrant that the functions contained in the site will be uninterrupted, error-free, bug-free, virus-free free of Trojan horses or other malevolent code, that defects will be corrected, or that the services or the server that makes it available are free of viruses, error, bugs, Trojan horses or harmful components. We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. In addition, we make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. The Site is controlled, operated and administered by us from our offices within the United States.

6. Additional Terms and Modifications to Terms.

WE MAY ADD ADDITIONAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE BY POSTING SUCH TERMS AND CONDITIONS ON THE SITE FROM TIME-TO-TIME. Additionally, we reserve the right to amend these Terms at our discretion. Any such amendments will be reflected by updating the “last updated” date at the top of these Terms. It is your responsibility to regularly review the current Terms. The most recent version of the Terms can be accessed by clicking on the “Terms of Use” hyperlink located at the bottom of our web pages. Your continued use of the Site following the posting of any revised Terms signifies your acceptance of those revised Terms. Should you disagree with any of these Terms or any changes thereto, you must cease using the Site.

7. Modifications to the Site.

For the avoidance of doubt, (a) we retain the right to modify, suspend, discontinue, or impose restrictions on all or any part of the Site, including any data or information available on the Site, at our sole discretion and at any time, for any reason, and without prior notice or liability; and (b) we reserve the right, with or without prior notice, to alter any aspect of the services provided on the Site, including, but not limited to, operational hours, menu structures, access procedures, software commands, documentation, suppliers, and/or any other services.

8. Governing Law and Jurisdiction.

Currently, the Site is hosted on servers located within the United States and is primarily intended for viewing by residents of the United States. We reserve the right to host the Site on servers located in jurisdictions outside of the United States. These Terms are governed by the laws of the State of New York, USA, excluding its conflict of laws provision.

9. Miscellaneous.

These Terms, including any additional terms and conditions that may be posted on the Site from time to time, constitute the entire agreement regarding your use and access of the Site and supersede all prior agreements, terms, conditions, and understandings, whether written or oral, related to such use and access. If any portion of these Terms is determined to be invalid or unenforceable, that portion shall be modified to the extent necessary to reflect the original intent of the provision in accordance with applicable law, and the remainder of these Terms shall remain in full force and effect. A printed version of these Terms of Use and any notices provided to you electronically shall be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally created and maintained in printed form. The failure of ALS to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. We may provide notice to you regarding the Site and/or these Terms by sending an email to your last known email address, and any such notice shall be deemed given and received on the date it is sent. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws in connection with your purchases or transactions through, or other use of, the Site.