2. Accuracy of Information
Our goal is to provide complete, accurate, up-to-date information. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. Spanx Takes Off! may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve 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. We sincerely apologize for any inconvenience this may cause.
3. Intellectual Property
All content available on Spanx Takes Off!, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Spanx, Inc., our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on Spanx Takes Off! (collectively, the "Trademarks") are the registered and unregistered marks of SPANX, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on Spanx Takes Off! are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of Spanx Takes Off! may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
4. Limited License
You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with Spanx Takes Off!. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to Spanx Takes Off!, is strictly prohibited.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of Spanx Takes Off!. Please note that you may not frame or utilize framing techniques to enclose Spanx Takes Off! or any portion thereof without our prior written consent.
The limited license set forth in this Section does not include the right to: (i) modify or download Spanx Takes Off! or its contents (except caching or as necessary to view content); (ii) make any use of Spanx Takes Off! or its Content other than personal use; (iii) create any derivative work based upon either Spanx Takes Off! or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Spanx Takes Off! for personal, non-commercial use only. A website that links to Spanx Takes Off! (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of Spanx Takes Off! other than the home page. We may, in our sole discretion, request that you remove any link to Spanx Takes Off!, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of Spanx Takes Off! terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.
5. Your Account
If you use Spanx Takes Off!, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using Spanx Takes Off! on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of Spanx Takes Off! resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
6. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from Spanx Takes Off!. Any links appearing on Spanx Takes Off! are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from Spanx Takes Off!, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
8. Representations and Warranties; Limitation of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of Spanx Takes Off! or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of Spanx Takes Off!. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Any dispute relating in any way to your visit to Spanx Takes Off! or to products purchased here shall be submitted to confidential arbitration in Atlanta, Georgia. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Georgia. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through Spanx Takes Off!. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
12. Applicable Law
By visiting Spanx Takes Off!, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on Spanx Takes Off!. Any changes are effective immediately upon posting to Spanx Takes Off!. Your continued use of Spanx Takes Off! constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of Spanx Takes Off!.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us by firstname.lastname@example.org or by calling 1.866.336.8190.