Terms of Use

WestOutfit®

Terms of Use

Last updated: August  01, 2017

ATTENTION: PLEASE READ THIS TERMS OF USE STATEMENT (“TERMS”) CAREFULLY BEFORE USING WWW.WESTOUTFIT.COM, OR ANY OTHER WEB SITE, SOCIAL NETWORKING AND/OR MOBILE APPLICATION OR ONLINE CONTENT CREATED OR PROVIDED BY THE DRESS BARN, INC. (INDIVIDUALLY AND TOGETHER, HEREINAFTER, A “SITE” OR THE “SITES”). BY ACCESSING OR USING THE SITES, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THE SITES, YOU AGREE TO THESE TERMS AS THEY GOVERN YOUR ACCESS TO AND USE OF THE SITES OR ANY PART OF THE SITES AND ANY SERVICES, PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE SITES, AND TO ANY TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITES.

These Terms apply to your access to, and use of, all or part of any WestOutfit (“WestOutfit”) Sites. By using a Site, you agree to these Terms as provided below and all other WestOutfit policies posted on the Site, including, but not limited to, WestOutfit’s Privacy Policy, blushPERKS, Mobile Fashion Club, Secure Shopping Guarantee, and any other policy or terms of use posted from time to time on the Site, which are incorporated by reference herein a part of your agreement with WestOutfit (“Agreement”).

These Terms do not alter in any way the terms or conditions of any other agreement you may have with WestOutfit for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and WestOutfit for any violation of these Terms. In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site. This Agreement contains disclaimers and other provisions that limit our liability to you.

WestOutfit may at any time, and without additional notice, revise the Terms or any policy or guideline of the Sites by updating the applicable posting at its sole discretion, so you should periodically examine the current Terms and other postings to which you are bound. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Sites. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will be deemed acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using the Sites. To view the Terms at any time go to https://www.westoutfit.com.

While we make reasonable efforts to provide accurate and timely information about WestOutfit on the Sites, you should not assume that the information is always up-to-date or that the Sites contain all the relevant information available about WestOutfit.

USE OF SITES AND SITE MATERIAL

Except as expressly stated therein, the Sites are provided for your personal, non-commercial use. You may copy material on the Sites in limited quantities for your personal, non-commercial use provided that our copyright notice is affixed to the copied material. WestOutfit reserves the right to restrict your use of the Sites at any time.

It is a condition of your use of the Sites that you do NOT: (i) restrict or inhibit any other user from using and enjoying the Sites; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, ethnic or racial slurs, hate propaganda, hate mongering, swearing or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of the return key or flooding; (iv) post, upload or transmit any content that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees to the terms of this Agreement, including these Terms; (v) post, upload or transmit any information, software or other material that contains a virus or other harmful or corrupted component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters”; (viii) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of WestOutfit or its affiliates; (x) resell or redistribute the information derived from the Sites in a machine-readable database; (xi) use the Sites to collect personally identifying information about users of the Sites in violation of the Privacy Policy for the Sites; or (xii) disguise a file type to thwart WestOutfit’s detection process. If your use of the Sites causes WestOutfit to be liable to any third party, you agree to indemnify WestOutfit, its employees, officers, directors, parent, affiliates, subsidiaries, agents, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) that it incurs as a result.

Eligibility, Registration and Your Account.

In order to access certain services or areas of the Sites, you may be required to register with WestOutfit. With respect to any such registration, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify WestOutfit if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. We may refuse to grant to you, and you may not use, a user name (or email address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only. If you use the Sites, 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. WestOutfit reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

The Sites are not targeted towards, or intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

By installing, accessing, or using the Sites, you represent that you are at least eighteen (18) years of age or the age of majority in your state of residence, or thirteen (13) years of age and under the supervision of a parent or legal guardian who agrees to be bound by these Terms, and that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Sites, including, without limitation, when you provide information via a registration form. If you provide any false, inaccurate, untrue, or incomplete information, WestOutfit reserves the right to terminate your access and use of the Sites. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Sites and agree not to interfere with the use and enjoyment of the Sites by other Users and WestOutfit’s operation or management of the Sites.

Termination.

WestOutfit reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Terms. Upon any such termination, your right to use the Sites will immediately cease. You agree that any termination of your access to or use of the Sites may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Sites or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms that are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.

THIRD PARTY LINKS

The Sites may contain links and interactive functionality interacting with the websites of third parties, including social sites. WestOutfit is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Sites to communicate with any such website, WestOutfit strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by WestOutfit of these third party websites. Other sites may link to the Sites with or without our authorization, and we may block any links to or from the Sites. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray WestOutfit in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use WestOutfit’ logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any WestOutfit trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WestOutfit or any third party.

APPLICABLE LAW

You agree that the laws of the State of New Jersey govern any use of the Sites, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of the Sites or material from the Sites. Any controversy or claim arising out of or relating to this Agreement or breach hereof, or otherwise relating to the Sites (with the exception of injunctive relief sought by westoutfit for any violation of westoutfit’s proprietary rights) the courts of the New Jersey, as well as appropriate federal courts located in the State of New Jersey, shall have exclusive jurisdiction over all claims. Each party hereby waives its right to jury trial for any disputes between the parties.

ONLINE PURCHASES

We may make available products and services for purchase through the Sites, and we may use third-party suppliers and service providers to enable e-commerce functionality on the Sites. All products displayed on the Sites will be delivered only within the United States. All prices for products or offers that are displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in participating stores in the United States. WestOutfit reserves the right without prior notice, to discontinue or change specifications on products and services offered on the Sites without incurring any obligations. Please refer to our Payment, Shipping and Returns policies.

If you wish to purchase any product or service made available through the Sites (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to WestOutfit the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptions and images of, and references to, third-party products or services available in connection with the Sites do not imply WestOutfit’s endorsement of such third-party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain descriptions may be approximate and are provided for convenience purposes only. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner.

WestOutfit reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Limitations on Quantity.

WestOutfit does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.

Availability, Errors and Inaccuracies. Not all stores carry the complete range of WestOutfit products. Also, some of our products are available for a seasonal or limited time only. To avoid disappointment, shop early (and often!!).

WestOutfit’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. WestOutfit makes a conscientious effort to describe and display its products and services accurately on the Sites. Despite these efforts, a small number of the items on the Sites may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Sites and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. WestOutfit reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.

Shipping and Returns.

As part of our shipping procedures, we verify the availability and the price before an item is shipped out. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. If you are not fully satisfied with your purchase you may return it in the item’s original packaging within ninety (30) days of the date shipped. Additional restrictions apply. Please see our Return and Shipping Policies, for more details. The Return and Shipping Policies are incorporated into these Terms in their entirety.

Risk of Loss.

The risk of loss and title to products purchased on the Sites pass to the purchaser upon delivery to the carrier.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless WestOutfit, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or ideas you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

SEVERED PROVISIONS AND ENTIRE AGREEMENT

If any provision of this Agreement is unenforceable, that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions. No waiver of these terms and conditions shall be valid unless the same shall be in writing and signed by the party giving such waiver. No waiver granted shall be deemed to extend to any prior or subsequent occurrence or affect in any way any rights arising by virtue of any prior or subsequent occurrence.

This is the entire agreement between the users of the Sites and WestOutfit relating to the subject matter. WestOutfit reserves the right to modify the Agreement at any time upon posting. By continuing to use the Sites after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them. Please visit this page regularly to review the then-current Agreement to which you are bound.

TRADEMARK INFORMATION

WestOutfit and all other trademarks and services marks are the sole property of The Dress Barn, Inc. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way (except as an integral part of an authorized copy of material appearing in these Web pages) without prior written permission of The Dress Barn, Inc. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of WestOutfit or any third party without permission from its owner. You may contact WestOutfit  by sending an e-mail to Ip@WestOutfit.Com, or writing to WestOutfit at Legal Department, 8323 Walton Parkway, New Albany, OH 43054, to request written permission to use trademarks, indicia of origin and materials on the Sites for purposes other than stated in these Terms.

All rights not expressly granted are reserved.

CONTACT US

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites.

You may contact us at:

WestOutfit
48 Briarwood Ln – ste 8
Marlborough, MA 01752
Attn: Customer Service

©2014  WestOutfit (TRN GROUP USA INC) All Rights Reserved.

WestOutfit Mobile Fashion Club (Help / Terms & Conditions)

The WestOutfit Mobile Fashion Club will provide text announcements related to sales, store activities, online and offline promotions, trends and fashion to users who have opted in from the web and from their mobile device. You must be the mobile account holder and at least 18 years of age or have a parent or guardians permission in order to participate.

You will receive up to eight (8) messages per month. Messages may be sent via automatic telephone dialing system. Sign-up is not required, and your consent to participate is not a condition of any purchase. There is no additional charge from WestOutfit related to this service. Message and data rates from your carrier may apply.

To stop receiving our texts at any time, reply STOP to 21226 to cancel WestOutfit Mobile Fashion Club alerts. Text HELP to 21226 to receive help information, or just reply HELP to any message.

If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate – check with your mobile operator. Participating carriers as of October 9, 2013 are: Alltel, AT&T, Bell Mobility Wireless, Boost Mobile, Dobson Cellular Systems (Cellular One), Leap Wireless (Cricket), Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless and Virgin Mobile.

Any messages you send to WestOutfit in text messages become our property. No remuneration is implied or offered. For Support, email customercare@westoutfit.com or call 1-800-WestOutfit (1-800-373-7722).

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