Terms of Use

Please read these Terms of Use carefully before using this website.

These Terms of Use (“Terms of Use”) contain the terms and conditions governing this Site, www.outerbankssportswear.com and is a binding agreement between Hanesbrands Inc. (“Hanesbrands”) and you, the user, and any company you represent (collectively, “you”). By using this Site, you expressly accept and agree to abide and be bound by all the terms and conditions contained in these Terms of Use. Do not use the Site if you do not accept and agree to these terms and conditions.

Unless otherwise referenced herein, any reference to "Hanesbrands," “we,” “us” and “our” shall mean and include Hanesbrands Inc. and its affiliates.

PERMITTED USE

The Site is available for your viewing, providing information to the Site, downloading product information or other materials made available for your commercial use as provided herein, and accessing any other features or functions made available to you on the Site. Any use by you of the Site is governed by and must be in compliance with the terms and conditions set out in these Terms of Use and any additional terms applicable to features on the Site which you may utilize.

OWNERSHIP

Hanesbrands owns the Site. We own or have rights to all of the user interfaces, visual interfaces, photographs, trademarks, logos, wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (the “Hanesbrands Content”) and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). The Hanesbrands Content and Code of the Site are protected by copyright and/or other intellectual property rights and unfair competition laws. Except as otherwise expressly permitted , you may not copy, modify, upload, download, transmit, re-publish, post, display, encode, translate, transmit, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Hanesbrands Content from the Site without a prior written agreement with us. You may not use the Hanesbrands Content or Code from the Site for any purpose other than those set forth above. All names, logos and trademarks which appear on the Site are our property or are used by us under license. You may not use any of the foregoing for any purpose without our prior express written permission.

THIRD-PARTY CONTENT

In addition to the Hanesbrands Content, this Site may contain references to other content owned by third parties, including, but not limited to music and games. No such references imply endorsement of such content, and you must comply with all applicable law related to the procurement or use of any such third party content.

NO LICENSE

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any proprietary or industrial right of Hanesbrands or any third party.

INFORMATION CONTAINED IN THE SITE

While we believe that all information contained in this Site is reliable, we do not accept liability for any inaccuracy, error, misstatement, or omission in any material or information contained in this Site, regardless of whether the material or information is originated by us or a third party. You are solely responsible for any actions taken in reliance on any material or information contained in this Site.

PRODUCTS DISPLAYED ON THIS SITE

We have used and will continue to use reasonable efforts to confirm that information provided on this Site is accurate, provided, however, that we do not accept liability for information that is inaccurate. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, and out-of-date information may not yet be updated. We reserve the right to make corrections and changes to the Site at any time without notice. The Hanesbrands products described in this Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in our Site will be available for purchase in all jurisdictions. Although we have attempted to display the products and their colors accurately, the displayed colors of the products will depend upon the monitor you are using, and we cannot guarantee that your monitor will accurately portray the actual colors of the products.

USE OF INFORMATION SUBMITTED BY YOU

Please see our Privacy Policy Statement for information regarding our treatment of Collected Information as defined in our Privacy Policy which you submit to a NON-PUBLIC area of the Site.

If you submit information, photographs, feedback, data, testimonials, comments, suggestions, questions or other information which you submit to us for potential publication such shall not be deemed confidential, and we may, in our sole discretion, identify you as the source of such information by disclosing, for example, your first name or company name and city of residence, or as otherwise indicated on the applicable submission page.

All such submissions, whether through the Site or by mail, email or telephone or otherwise, shall be deemed the property of Hanesbrands, and your submission of information shall constitute an assignment to us of all worldwide right, title, and interest in such information. We are not liable for any use or disclosure of such information. We have no obligation to keep such information confidential and are free to reproduce, use, disclose and distribute the information to others without limitation. We are free to use, without financial or other obligation, any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

We welcome your comments and suggestions on our Site and products, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing, or marketing our current products or any new products. By submitting information, you warrant that we may publish such information, use it as part of our operations and incorporate its concepts in our products without liability, or financial or other obligation to you or others.

We may provide the opportunity for you to submit photographs and testimonials and/or questions about our products for potential publication on the Site. If you submit a testimonial, question or photograph to the Site for potential publication on the Site, you also agree to any terms and conditions relating to such activities that may be contained on the applicable pages of the Site. In addition, you agree that we may monitor, edit, or alter your submission, although we have no obligation to do so.

You may submit only materials that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any information, questions, testimonials or photographs.

PUBLIC AREAS, MATTERS FOR POTENTIAL PUBLICATION, REGISTRATION INFORMATION AND SECURITY

You may have the opportunity of visiting public areas or sections of our Site to send-a-customer emails, create sell sheets or web pages, or order certain printed materials, and we may collect certain information from you in order to operate this Site, fulfill your requests, or enable participation in these activities. You agree that the information (including Collected Information) you provide to us when registering or using the features for such opportunities is NOT subject to our Privacy Policy, is accurate, and does not contain inappropriate language or images or copyrighted material (without the written consent of the copyright owner), or encourage illegal activity.

You acknowledge that any submissions you submit in a “public” area of our Site, such as the above-referenced sections or activities, including Collected Information, may result in members of the general public viewing such submitted information and content on the Internet, may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and you have no expectation of or right to privacy with regard to any such submission. We have no obligation to monitor any submissions, particularly as to the content of e-mails, sell sheets or similar features where visitors have the option of creating a message. You acknowledge that your submittals to and use of such public areas and features offered therein are public and not private communications. We cannot guarantee the security of any information you disclose; you make such submissions and disclosures at your own risk. We are not responsible for any errors, omissions, or offensive material contained in any content posted in any public areas or any decisions made or actions taken or not taken based on such information or content.

USER ACCOUNTS

We provide you with the option to register an account on the Site to enable you to access and use certain features or portions of the Site. By registering for an account you agree to provide accurate and current information. When registering, you will create a unique user ID and password. By creating a user ID and password you agree that you are responsible for the confidentiality of the user ID and password and all use thereof, whether or not authorized by you. You will be solely responsible for obligations (including, without limitation, financial obligations) incurred by anyone who uses your user ID and password. You will notify us immediately in writing if the confidentiality of your user ID or password is compromised.

NOTICES AND QUESTIONS

Questions concerning the use of the Site should be directed to Imagewear Database Group (service@hanes-outerbanks.com) . Notices shall be sent to Attn: outerbankssportswear.com and, our notices to you, if any, to the address submitted by you or such other address as we reasonably determine is an appropriate address for you.

When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) in order to enable us to handle your request correctly.

OPERATION OF THE SITE

We reserve the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice. We reserve the right to modify, suspend, interrupt or terminate operation of or access to the Site, the Hanesbrands Content or any portion thereof at any time without notice for any reason. We may exercise any such rights without liability or obligation to you.

INTERNATIONAL USERS

You may not use or export the Site or the Hanesbrands Content in violation of any U.S. export law or regulation.

LINKED SITES

This Site may contain links to other independent third-party websites (“Linked Sites”). We make no warranties of any kind regarding any Linked Sites to which you may be directed or hyperlinked from this Site. Linked Sites are provided solely as a convenience to you, and we make no representations or warranties with regard to the accuracy, availability, suitability, privacy policies or practices, or safety of information provided in such Linked Sites.

WARRANTY DISCLAIMER

We have used and will continue to use reasonable efforts to confirm that the Site and Code are accurate, provided, however, that we do not accept liability for information that is inaccurate. Except as provided in the preceding sentence, this Site and all Hanesbrands Content and Code are provided on an “as is” and “as available” basis, and you assume all responsibility and risk with respect to your use of the Site. We disclaim all warranties, representations, and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement, and fitness for a particular purpose. We do not warrant that the Site is free of computer viruses, bugs or other harmful components. We do not warrant that the functionality of the Site will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. We do not have any duty to update the Site or modify Hanesbrands Content or Code, and we are not liable for any failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.

LIMITATION OF LIABILITY

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HANESBRANDS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00).

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Hanesbrands, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates from and against any and all claims, judgments, awards, damages, costs and expenses, including, but not limited to, reasonable attorney’s fees, arising out of or in connection with your use of the Site, Hanesbrands Content or Code.

TERMINATION; REVISION OF THESE TERMS OF USE

These Terms of Use are effective unless and until terminated by either you or us. You may terminate your acceptance of these Terms of Use for all periods after you discontinue any further use of this Site. We may terminate these Terms of Use at any time and may do so immediately, without notice, with or without cause, and accordingly deny you access to the Site. Any termination of these Terms of Use will also terminate any other applicable terms and conditions posted at a particular section of the Site or any Site agreement. Upon any termination of these Terms of Use, you must promptly destroy all Hanesbrands Content and Code downloaded or otherwise obtained from this Site, as well as all copies of such Hanesbrands Content and Code, whether made pursuant to these Terms of Use or otherwise. Any rights you give Hanesbrands prior to your cessation or termination of the use of the Site shall continue unaffected

We may at any time revise the terms and conditions contained in these Terms of Use by updating this page. You are bound by any revisions, and you should periodically visit this page to review then current terms and conditions which apply to your use of the Site. These Terms of Use are effective on and were last updated March 30, 2007. Your continued use of this Site following the posting of changes to these Terms of Use will mean that you accept those changes.

GENERAL

Your agreement to these Terms of Use created by your use of the Site, any other applicable terms and conditions posted at a particular section of the Site, and any Site agreement if you avail yourself of services to which it applies, represents the complete agreement between us and supersedes all prior agreements, understanding, and expectations, if any. Headings used in these Terms of Use are for reference purposes only, and in no way define or limit the scope of the section. The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions of these Terms of Use deemed enforceable by applicable courts of law. You may be subject to additional terms and conditions that may apply when you use or purchase certain other Hanesbrands services or third-party services, content, or software. In the event of any inconsistency between any additional terms and these Terms of Use, the additional terms shall govern as to their particular subject matter. The failure of Hanesbrands to act with respect to a breach of this agreement by you or others does not constitute a waiver and shall not limit Hanesbrands' rights with respect to such breach or any subsequent breaches. These Terms of Use and any additional terms and conditions on the Site shall be governed by and construed in accordance with North Carolina law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this agreement or your use of this Site must be brought in a state or federal courts sitting in North Carolina, and you consent to the exclusive personal jurisdiction of such courts. Any proceeding initiated contrary to these provisions shall be subject to dismissal and to an award of attorneys’ fees to Hanesbrands. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Use or your use of any part of the Site must be asserted individually. Notwithstanding anything to the contrary, Hanesbrands may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

View the Supplemental Service Agreement