Terms of Use - Forman Mills

Welcome to formanmills.com. This website is expressly owned and operated by Forman Mills, Inc. (“Forman Mills”). These Terms of Use govern your use of formanmills.com (the “Site”). Your use of the Site in any manner constitutes your agreement to be bound by these Terms of Use. Forman Mills may, in its sole discretion, change these Terms from time to time. You should periodically visit this webpage to review the most current terms. Using the Site after any of these changes means you accept any such changes.

COMPLIANCE WITH LAWS

You represent, warrant, and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations, and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission or exporting of data from the United States or the country in which you reside. Furthermore, you represent, warrant, and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Forman Mills is prohibited from communicating with or exporting to and you agree that you shall not access this website from such country or jurisdiction.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Forman Mills server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

COPYRIGHT NOTICE

Copyright © 2018 Forman Mills, Inc. (“Forman Mills”), 1070 Thomas Busch Memorial Hwy., Pennsauken, NJ 08110. All rights reserved. The content, format, and imagery of the Site are copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law. The contents of the Site may not be copied, published, broadcast, distributed, or transmitted in any way without prior written consent of Forman Mills. Forman Mills reserves complete title and all intellectual property rights for materials downloaded from the Site.

TRADEMARKS, SERVICE MARKS, AND TRADE NAMES

“Forman Mills” is a registered trademark of Forman Mills, Inc. Other names, logos, designs, titles, words, recordings, or phrases on the Site may also constitute trademarks, service marks, trade names, or other protected intellectual property of Forman Mills or other entities.

DMCA POLICY

Forman Mills respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Forman Mills will respond expeditiously to claims of copyright infringement committed using the Site if such claims are reported to Forman Mills’ designated Copyright Agent at the address below.

Forman Mills, Inc.
Attn: General Counsel
1070 Thomas Busch Memorial Hwy.
Pennsauken, NJ 08110

Upon receipt of Notice, Forman Mills will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

GOVERNING LAW

These Terms of Use shall be governed by and construed under New Jersey law without regard to its conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of the Site must be brought in the state or federal courts of New Jersey and you consent to the exclusive personal jurisdiction of such courts. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or be barred forever. The failure by Forman Mills to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use constitute the entire agreement between you and Forman Mills with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Forman Mills may assign its rights and duties under this Agreement to any party at any time without notice to you.

CLASS ACTION WAIVER

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS.

DISCLAIMER AND LIMITATIONS OF LIABILITY

FORMAN MILLS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS, OR THAT THIS SITE OR ITS SERVER WILL BE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FORMAN MILLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FORMAN MILLS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.

IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FORMAN MILLS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES WHATSOEVER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FORMAN MILLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.