TERMS OF USE
| Policy Version / Effective Date: Version 1, September 20, 2005 |
| NOTE: WE NO LONGER SELL OR SHIP PRODUCT FROM THIS SITE. BUT WE HAVE RETAINED OUR POLICY STATEMENTS ON THE SITE FOR HISTORICAL PURPOSES. August 1, 2006 |
"NBHI”: Navajo Brands Holding, Inc. is the exclusive Worldwide Sub-Licensee for apparel and related products for the Navajo Nation, and is doing business as “Navajo
Jeans”, our trade name. NBHI is a privately held Texas Corporation, with headquarters in Austin, TX.
“Site”: The subject e-commerce Site --- navajoapparel.com --- which is a WWW/Internet, on-line access, interactive, publicly assessable store. The Site is wholly-owned
by NAP.
“User”: Any person who enters the Site, or uses the site, for any purpose. This includes visitors (non-purchasers) and customers or consumers (purchasers), or anyone else
who exercises use of the Site for browsing or for any other purpose.
"Customer": Any person, or User, who makes a purchase on the Site. User and Customer may be used herein interchangeably.
“Document(s)”: Any of the following governance works describing: a) how the site is to be used, and b) certain operating policies, including. but not limited to:
----“User Agreement” (or “Agreement”): A binding legal document contained on the Site and which sets forth the Terms and Conditions under which a User may use the
Site, and which delineates NAP’s rights in the Site.
handle returns, return authorizations, restocking, and adjustments, and the related Policies.
"Terms and Conditions" and "Provisions”: Used interchangeably, the specific sections and paragraphs of the Documents on the Site.
limited to, NAP, NJI, the Navajo Nation, Cutter and Buck, Reed Manufacturing, Yahoo, TIB, shippers of choice, and any/all of NAP’s Partners and Affiliates, as indicated on
the Site, and any other third party suppliers or contributors.
"Stakeholders": Any or all of the individuals with legal connections to the Parties, including, but not limited to, owners, stock-holders, directors, officers, employees, or
agents.
"Access & Communication Nodes”: All of the physical assets required to facilitate access to the Site, including, but not limited to:
or permanent, owned or leased, local or remote, needed and employed by the User to access and use the Site,
----“Host Node”: The physical plant, equipment, components, peripherals, communication gear, software, and services, and any other components , whether
temporary or permanent, owned or leased, local or remote, employed by the hosting company to operate the Site and make it accessible through the WWW/Internet,
including, but not limited to, Yahoo.
----"Financial Service Nodes":
----“NAP Node”: The physical plant, equipment, components, peripherals, communication gear, software, and services, and any other components , whether temporary
or permanent, owned or leased, local or remote, employed by NAP to design & maintain the Site, to post the Site on the Host Node server, and to upload and download the
operating data and information required to provide the on-line store (the Site), to process orders, and to answer User inquiries.
"Links" (& Linked Sites): Connections to other sites on the WWW/Internet, provided on the Site pages by NAP. The User has the option of connecting to other sites by
clicking on the link boxes. Use of the Links is not required to use the NAP Site for shopping or general browsing.
"Cyber Attack": Any malicious software code --- including, but not limited to viruses, worms, Trojan horses --- designed to exploit computer system vulnerabilities.
For our purposes, a cyber attack is one which diminishes, cripples, or destroys any of the key components in the system of computers, storage devices, communication
networks, or any other hardware or software component, and thus diminishes or defeats, temporarily or permanently, the User's ability to use the Site for its intended
purpose. Cyber Attacks are capable of permanently damaging system components.
"Network": The total of all computers, peripherals, hard lines, RF links, switching devices, and any other hardware or software components required to permit the User to
connect to, communicate with, and use the Site.
2. Site Purpose
2.1 The Site’s purpose includes, but is not limited to:
- • The marketing and sales of “better” apparel and related products bearing the Navajo ® Trademark, and other Brands, as we deem appropriate.
• Promoting User general awareness of the Navajo Nation and its people.
• Providing general & brief information on the Navajo people and the Navajo Nation, and other pertinent Native American subjects of possible interest to Users.
• Providing links to other sites which offer expanded detail on the Navajo people and the Navajo Nation, and other pertinent Native American subjects of possible
interest to Users (Note: See Disclaimer, herein).
• The conservative promotion of Navajo events, topics of interest, et al on an individual opportunity basis. (The Navajo Nation has the right to object to any
material we post on the Site that would be objectionable to a Native American or Navajo citizen, with normal sensitivities. The Navajo Nation has the right to
ask us to remove these postings.)
2.3 We will not post material on our Site that is objectionable for children. If you believe we have, our Complaints Department would like to hear from you. As a result, we
welcome children to the site to view cursory information on the Navajo Nation, and to direct them to more detailed resources.
2.4 We will not post material on our Site that is objectionable to Native Americans, with normal sensitivities.
3. Site Administrative Processes
3.1 NAP controls the Site design, Site maintenance, and administration, including catalog maintenance and order processing.
3.2 The Navajo Nation has right of refusal as relates to advertising and image.
providers.
4.1 NAP reserves the right to affect announced or unannounced changes to the Site at any time, including, but not limited to, the following:
- • modify the Site, in any manner and for any purpose,
• take the Site down to do maintenance at any time and for any duration,
• limit access times to the Site,
• require User ID’s and Passwords to enter the Site,
• change User credit requirements for making product purchases on the Site,
• change Site security settings and requirements,
• change the requirements for the equipment required to enter or use the Site,
• change Site URL(s), or create gateway URL’s to the Site,
• add/change/delete links or gateways to other sites on the Site,
• close the Site, temporarily or permanently,
• or any other action required to reasonably maintain and control the integrity of the Site.
Numbers and Effective Dates on all of Documents. Our notice that a Document has been modified will be provided by, but not limited to, a corresponding change
in the Version Number and Effective Dates on the effected Document.
4.3 NAP reserves the right to add other binding Documents to the Site as it deems necessary. Any such new Documents will be maintained in the same manner as
other Documents and as proscribed herein.
5. User’s Use of the Site
5.1 By accessing and using the Site initially, User AGREES TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS of this Agreement, as set forth herein.
5.2 User agrees that he/she may not transfer any rights he/she has under the Agreement to any other party.
5.3 User agrees to be completely responsible for the use of the Site by any other person which User permits to access the Site (via User’s facilities and/or
permissions.).
6. User’s Use of the Modified Site
6.1 By assessing and using the Site after a modification has been posted, the User may: a) continue to use the Site, or b) notify NAP that he/she disagrees with
the modified Document, and is discontinuing use of the Site.
6.2 By accessing and using the Site after a Page or Document modification, User AGREES TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS of this
Agreement, as set forth herein, whether or not the Terms of Use have been modified.
7. User Conduct
7.1 User agrees he/she will use the Site only for its intended purpose.
7.2 User agrees that he/she will not transmit or post any information to the Site that:
- • Infringes on or violates the rights of any individual, company, or institution,
• Violates applicable Local, State*, or Federal laws,
• Disparages or defames any individual, living or deceased, or group of individuals,
- • Seeks to exploit minors,
• Is obscene or vulgar, or pornographic,
• Creates liability for any of the Parties,
7.3 User agrees not to engage in the following prohibited behavior on the Site:
- • The insertion of viruses, worms, Trojans, and any/all other kinds of cyber-attack code onto the Site, or on other computers through the network,
• Distribution of unauthorized chain letters,
• Use of the any of the Site’s networked computers for other than the NAP’s intended purpose, including accessing computers outside our system
for any purpose.
• Solicitation or advertising of products, services, or participation, without the express written consent of NAP.
applicable to the transactions. Transactions by minors, when we are aware, will be disallowed.
7.5 Violation of User Conduct rules, without limiting our remedies, may result in removal of prohibited communications and inserted materials, and loss of access to
the Site.
8. Disclaimer of Warranty and Limitation of Liability
8.1 USER AGREES THAT USE OF THE SITE, AND THE INCLUDED LINKS, IS UNDERTAKEN AT USER’S EXCLUSIVE RISK. NEITHER NAP, NOR ANY OF THE PARTIES,
NOR ANY OF THE STAKEHOLDERS WARRANT THAT THE SITE, OR THE INCLUDED LINKS, WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE. NEITHER NAP,
NOR ANY OF THE PARTIES, NOR ANY OF THE STAKEHOLDERS WARRANT THAT ANY PARTICULAR RESULT CAN BE OBTAINED THOUGH USE OF THE SITE, OR THE
INCLUDED LINKS.
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE THAT ARE EXCLUDED BY LAWS APPLICABLE TO THE AGREEMENT.
8.3 USER AGREES THAT NAP’S DISCLAIMER OF LIABILITY APPLIES TO DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER-ATTACK, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
USER SPECIFICALLY ACKNOWLEDGES THAT NAP, NOR ANY OF THE PARTIES, NOR ANY OF THE STAKEHOLDERS, ARE NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE
USER.
8.4 USER AGREES THAT IN NO CIRCUMSTANCE WILL NAP, THE PARTIES, OR STAKEHOLDERS, OR ANY OTHER ENTITY INVOLVED IN THE
DELIVERY OF THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER KIND
OF DAMAGES STEMMING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE. FURTHERMORE, USER AGREES THAT PROVISIONS OF THIS
PARAGRAPH APPLY TO ALL CONTENT, FUNCTIONALITY, EMBEDDED LINKS, PRODUCT & SERVICES ON THE SITE, AND ALL OTHER MATERIAL
ASPECTS OF THE SITE.
8.5 USER AGREES THAT NEITHER NAP, NOR THE PARTIES, NOR THE STAKEHOLDERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OF ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR THE UN-TIMELINESS OR LACK OF ACCURACY OF, THE INFORMATION CONTAINED ON THE
SITE, OR THE INCLUDED LINKS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION TO AND FROM THE USER, OR FOR ANY CLAIMS OR
LOSSES
8.6 USER AGREES NEITHER NAP, NOR THE PARTIES, NOR THE STAKEHOLDERS SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DIRECT OR CONSEQUENTIAL DAMAGES, AND PUNITIVE DAMAGES. FURTHERMORE, THE
USER AGREES THAT THE AGGREGATE TOTAL LIABILITIES OF NAP, THE PARTIES, AND THE STAKEHOLDERS TO A USER FOR ALL DAMAGES, INJURY,
LOSSES, AND CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING FROM OR RELATING TO THE AGREEMENT, OR THE USE
OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (a) THE
PRODUCT PURCHASE AMOUNT, IF ANY, BY THE USER IN CONNECTION WITH THE USER’S USE OF THE SITE AND RETAINED BY THE SITE, OR (b) ONE
HUNDRED DOLLARS ($ 100), WHICHEVER IS LESS.
9. User’s Use of Linked Sites & Third Party Content
9.1 The Site offers the User the opportunity to link to other sites (Linked Sites), most of which are owned by the Navajo Nation and Federal Government organizations.
We offer the Links as a service to our Users, and as an expedited way to connect to Linked Sites containing information about the Navajo Nation and other Native American
related topics.
9.2 NAP has no commercial interest in the Linked Sites, and does not benefit financially from their use by the User.
9.3 NAP does not share User information with any of the Linked Sites, nor do the Linked Sites provide any User information to NAP or the Site. NAP does not anticipate
having reciprocal links on any of the Linked Sites. NAP does not track the traffic to the Linked Sites.
9.4 USER AGREES THAT USE OF THE SITE IS UNDERTAKEN AT USER’S EXCLUSIVE RISK. NEITHER NAP, NOR ANY OF THE PARTIES, NOR ANY OF THE PARTIES'
STAKEHOLDERS WARRANT:
- --- THAT THE LINKED SITE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE,
--- THAT ANY PARTICULAR RESULTS CAN BE OBTAINED THOUGH USE OF THE LINKED SITE,
--- THAT THE LINKED SITE (NODE) IS ADEQUATELY PROTECTED FROM CYBER THREATS.
- --- Ensure that the User Node is appropriately protected from Cyber Threats of the all kinds, but in particular those that are common to the WWW/Internet,
--- Read the Linked Sites' Terms of Use,
--- Before providing any personal data or information to the Linked Site, carefully read the Linked Site’s Privacy Policy,
--- Before initiating a financial transaction, carefully read the Linked Site’s Customer Service Policy.
--- Before providing information to a Linked Site, or initiating a financial transaction, note the URL, close the Link, and then go directly to the site’s URL, bypassing
the www.navajoapparel.com Site.
request that the material be removed, or failing that, the right to remove the Link. NAP invites Users to advise us of any objectionable material that you might find on a
Linked Site.
9.7 NAP reserves the right to add additional Linked Sites links at any time, and change/delete any of the Linked Sites links then on the Site.
10. Processing Nodes
10.1 User Node
10.1.1 User agrees that NAP makes no warranty as to the availability or suitability of the User’s Node for viewing and use of the Site.
10.1.2 User agrees that it is his/her total responsibility to maintain his/her User Node in the proper configuration, capacity, and state of security to access the Site. User
agrees that he/she has full responsibility to protect his/her User Node from any and all forms of Cyber Attack, no matter the source of the attack.
10.1.3 User agrees that neither NAP, nor the Parties, nor the Stakeholders, have any obligation to maintain the User Node, under the terms of this Agreement, or to protect
the User Node from Cyber Attack, no matter the source of the attack, or from any other threats inherent in the use of the WWW/Internet.
10.1.4 User agrees that in the event of a Cyber Attack to the User Node, of known or unknown origin, that neither NAP, nor the Parties, nor the Stakeholders, have any
obligation to repair, restore, or replace the User Node, or to compensate the User for such services.
10.2 Host Node
10.2.1 User agrees that NAP makes no warranty as to the availability or suitability of the Host Node to support the viewing and use of the Site.
10.2.2 User agrees that Yahoo exercises complete control of the Host Node, and that NAP has no obligation to control the Host Node, or maintain it for any particular
purpose.
10.2.3 User agrees that he/she will read Yahoo’s Privacy Policy, and Terms of Use, before using the Site, and, that in addition to NAP’s requirements, User will also abide by
Yahoo’s requirements any time he/she is accessing and using the Site.
10.2.4 User agrees that in the event of a Cyber Attack to the Host Node, of known or unknown origin, that neither NAP, nor the Parties, nor the Stakeholders, have any
obligation to repair, restore, or replace the Host Node, or to compensate any party for such services.
10.3.1 User agrees that NAP makes no warranty as to the availability or suitability of the NAP Node for facilitating the viewing and use of the Site.
10.3.2 While NAP will work diligently to properly maintain and control the NAP Node, User agrees that NAP has no obligation to maintain the NAP Node for any particular
purpose.
10.4 Hold Harmless
10.4.1 In those situations where faults in the User Node, Host Node, or NAP Node, individually or collectively, result in the unavailability or unsuitability of the Site, the User
agrees that, without limiting the scope of the Provisions, the Provisions of Paragraph 8, herein, apply.
10.4.2 In those situations where faults in the shared Network results in the unavailability or unsuitability of the Site, the User agrees that, without limiting the scope of the
Provisions, the Provisions of Paragraph 8, herein, apply.
10.4.3 In those situations where at Cyber Attack to the User Node, Host Node, or the NAP Node, results in the unavailability or unsuitability of the Site, the User agrees that,
without limiting the scope of the Provisions, the Provisions of Paragraph 8, herein, apply.
11. Product Portrayal
11.1 NAP attempts to portray product on the Site as accurately as possible. We are particularly sensitive to silhouettes, colors, washes, size scales, and care instructions.
However, it is not always possible to portray a product 100 % accurately.
As a backup on our Cutter and Buck, and where possible with other Partners and Suppliers, we link to their on-line catalog to give the User an opportunity to view the
product in another venue.
In addition, the User has a reasonable period of time to return product in those cases where he/she believes the product was not accurately portrayed, by image or
description.
11.2 By using the Site and making purchases, User agrees that NAP has no obligation to portray any product such that it is 100 % accurate relative to vision and description.
11.3 User agrees that in the event of errors and omissions in product portrayal and descriptions, that without limiting the scope of the Provisions, the Provisions of
Paragraph 8, herein, apply.
12. Intellectual Property
12.1 NAP maintains Copyrighted material, that it owns, on the Site. NAP also maintains Copyrighted material, that it does not own but uses with permission, on the Site.
12.2 NAP respects the Copyright and Trademark rights of others. We will not knowingly use any material that does not belong to us, or that we do not have permission to
use.
If any User believes that NAP is using, without permission, any material on the site that is the property of other parties, NAP welcomes notification to the Site. We will
investigate such claims quickly, and , if warranted, remove the disputed material from the Site. We reserve the right to remove the disputed material immediately and while
the investigation is being conducted.
12.3 The entire Site, excluding that which is Copyrighted by third parties and being used with permission, is Copyrighted by NAP. User agrees to abide by US Copyright
laws as pertains to all images, graphics, text, and other components on the Site. User agrees not to copy, transfer, or otherwise use any Copyrighted material on the Site,
whether owned by NAP or by a third party.
12.4 NAVAJO is the Trademark of NAP. All Trademark rights are reserved.
12.5 NAP claims Trademark "use" rights on any product that it offers on the Site, utilizing the Trademarks, owned now or in the future.
13. Content Audits
13.1 NAP routinely conducts content audits of the Site, to ensure that no objectionable content has been posted to the Site, to discover whether or not there are
detectable Agreement infractions, and for other purposes.
13.2 User agrees that NAP has sole and complete discretion to remove any material from the Site that is objectionable or illegal, or does not meet NAP Site standards.
14. Indemnification
User agrees to defend, indemnify, and hold harmless NAP, its Partners, and it Stakeholders, against any and all claims and expenses, including legal expense, stemming from
the use of the Site, including the purchase of products offered on the Site, the use of information offered on the Site, and the use of Linked Sites displayed on the Site.
15. Agreement Termination
Either NAP or the User may terminate this agreement, between NAP and the User, at any time and for any reason.
Without limiting our rights in this area, NAP may, if it determines that a User has breeched the Agreement, or for any reason, immediately terminate the User's Account(s),
ID(s), and Password(s).
The following Paragraphs shall survive the termination of the Agreement: Paragraphs 1, 2, 3, 4, 8, 10.1.3, 10.1.4, 10.2.4, 12.3, 14, 15, and 16.
16. Entire Agreement
16. 1 The provisions of this document, as presented on this Site Page, constitute the entire Agreement between NAP and the User with respect to the Site, and supersede
all previous written, posted, or oral agreements between NAP and the User with respect to the Site.
16. 2 The provisions of the Agreement will be deemed severable, and the unenforceability of any one of more provisions will not affect the enforceability of any other
provisions. Furthermore, if any provision of the Agreement is declared to be unenforceable by a competent court of jurisdiction, then NAP has the right to substitute
an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of NAP and the Users.
16.3 The Agreement shall be interpreted in accordance with the laws of the State of Texas, without regard to conflict of laws rules.
16.4 No waiver by NAP or the User of any breach or default hereunder shall be deemed to be a waiver of preceding or subsequent breach or default.
| NOTE: IN ADDITION, WE HAVE CORRECTED SOME ERRORS IN THE LANGUAGE March 20, 2011 |
