Last revised: January 1, 2024
Notice: These terms of use (the "Terms of Use") for the AshleyGear.com web site (the "Site") have been created by Identity Works, Inc. (the "Host"). The Site is hosted by Brand-Driven Tech, LLC (the "Provider"). The Host has created the Site for Ashley Global Retail (the "Company"). Please read these Terms of Use before using the Site. Do not use this Site if you do not agree with the Terms of Use. Use of this Site signifies compliance with, and acceptance of, these Terms of Use and the Host's Privacy Policy, which is incorporated herein and can be found in our Privacy Policy.
Trademarks
This website may contain logos or other registered trademarks or trademarks of the Company or the Host (collectively, the "Company Marks"). All other trademarks or registered trademarks are the property of their respective owners in the United States and other countries. The Company Marks may not be used in connection with any product or service other than those of the Company, may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company or the Site. You gain no right to use any Company Marks or those of any other entity by virtue of your use of this Site.
Site Usage
The Company authorizes you to view designated electronic information at this Site that may be made available from time to time in order to facilitate your purchase of Company products available on the Site. This electronic information ("Designated Information") may consist of informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials. You may not modify the Designated Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Designated Information for any commercial purpose. For purposes of these Terms of Use, any use of the Designated Information on any other web site or networked computer environment (including but not limited to posting of Designated Information on a local intranet or extranet) for any purpose is prohibited without the express written permission of the Company and Host. Any unauthorized use of any Designated Information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates.
Prohibited Uses
Except as expressly permitted in these Terms of Use, you may not display or print the Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Site, and with such further limitations or rules as may be set forth on the Site. You further agree not to (a) use any incomplete, false or inaccurate information or other information for purposes of registering as a customer; (b) delete or revise any material or other information of any other customer of Company; (c) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engine and search agents available from Company and Host on the Site and other than generally available third-party web browsers; or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Site; (iv) sending unsolicited email to any user of the Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Site. Violations of system or network security may result in civil or criminal liability. Company and Host will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Information Provided
The information provided on this Site, including product information, is furnished for the convenience of our customers and is accurate as possible. However, neither the Company nor the Host makes any guarantee, either expressed or implied, as to its accuracy or availability of listed products.
User Submissions
Other than personally identifiable information, which is governed by the Privacy Policy, any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to the Company using links provided in this Site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. We assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas. By submitting any material, information or idea to the Site, you waive any right to compensation of any type for such material, information or idea. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). You will indemnify the Company and Host for any and all damages resulting from your actions or postings that violate any of these policies. The Company reserves the right to prohibit further postings by any user for violation of these standards.
Links To Other Web Sites
Links to third party web sites not maintained by the Company or Host on this Site are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. Neither the Company nor Host has reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Neither the Company nor the Host endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer
The materials provided at this Site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither the Company nor the Host warrant the accuracy and completeness of the materials at this Site. The Company and Host may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and neither the Company nor the Host make any commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country or local area. Although Company and Host intend to use commercially reasonable efforts to make the Site accessible, neither Company nor Host make any representation, warranty or covenant that the Site will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Customer or Host may at any time discontinue the Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR THE HOST BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE INFORMATION FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE INFORMATION PRESENTED ON THE SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THE SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED.
Applicable Laws
This Site is administered by the Host based in Wisconsin. Neither the Host nor Company make any representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms of Use will be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of laws.
Forward Looking Statements
The Site may contain forward-looking statements regarding the Company's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive service and product offerings, and lack of market acceptance.
General
The effective date of this Terms of Use is January 1, 2024.