Terms and Conditions of Website Usage Agreement
Effective Date: 9/15/2016
Thanks for visiting the Terms and Conditions (the "Terms") page of Westmoor Ecom ("WESTMOOR"). User access and use of any of our websites at panhandleww.com, rockandrolldenim.com, rockandrollcowgirl.com, slatedenimandco.com, westmoormfg.com, and all other WESTMOOR websites (the "WESTMOOR Websites") is subject to the following terms and applicable laws. By accessing and browsing the WESTMOOR Websites, user accepts these terms without limitation or qualification, as well as such additional or amended terms and conditions as WESTMOOR may from time to time publish. Certain services or other offerings made available on the Website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
User must be at least 13 years old to use the WESTMOOR Websites. If user is under the age of majority in their state of residence, a minor, user’s parent or legal guardian must agree to these Terms on user’s behalf and user may only access and use the WESTMOOR Websites with permission from user’s parent or legal guardian.
The WESTMOOR Websites are owned and operated by WESTMOOR and/or its affiliates, and are protected by copyright under United States and international laws and treaties. All rights reserved. Copyright in such their content and the software provided are owned by or licensed to WESTMOOR.
All rights not expressly granted herein are reserved. Materials from the Website may not be copied, distributed or transmitted in any way without the prior written consent of WESTMOOR. No links to the Website may be created without the express written consent of WESTMOOR. Users of the Website MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. No rights or licenses in any such material are granted or implied. All material on this Website is provided for lawful purposes only. Images of people or places in this Website are either the property of or used with permission by WESTMOOR. The use or misuse of those images except as expressly authorized is prohibited. WESTMOOR reserves complete title and full intellectual property rights in materials downloaded from the site.
Westmoor Mfg Co. is comprised of four premium brands, Panhandle Western Wear, Rock and Roll Denim, Rock and Roll Cowgirl and SLATE. Westmoor, Panhandle, Panhandle Slim, Powder River, Rock & Roll Denim, Rock & Roll Cowboy, Rock & Roll Cowgirl, the stylized R, and SLATE are registered trademarks of Westmoor Mfg Co. All other trademarks and service marks used herein are property of their respective owners.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to WESTMOOR through this site is not confidential. WESTMOOR shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to WESTMOOR and accepts responsibility for its accuracy, appropriateness and legality.
User agrees not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any WESTMOOR Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity or intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content transmitted to or via a WESTMOOR Website; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; (ix) engage in 'flooding', i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).
User agrees not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (ii) infringes or violates any party's author's right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author's right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) user does not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.
User agrees not to: (i) use the WESTMOOR Websites for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.
As a further condition the user’s use of and access to the WESTMOOR Websites, user agrees not to: (i) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the WESTMOOR Websites; (ii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on the WESTMOOR Websites of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (v) run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons; (vi) interfere with, disrupt, or harm in any way the WESTMOOR Websites or servers or networks connected to them; (vii) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (viii) use the WESTMOOR Websites in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the WESTMOOR Websites to access the accounts of others without permission; (x) attempt to penetrate security measures of WESTMOOR or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
Disclaimer and Limitation of Liability
BY USING THE WESTMOOR WEBSITES, USER EXPRESSLY AGREES THAT USE OF THE WESTMOOR WEBSITES IS AT THE USER’S SOLE RISK. THE WESTMOOR WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WESTMOOR DOES NOT WARRANT THAT USE OF THE WESTMOOR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. WESTMOOR RESERVES THE RIGHT TO CANCEL ANY ORDER FOR WESTMOOR PRODUCTS PLACED ON WESTMOOR WEBSITES AS A RESULT OF A MISTAKE OR ERROR, AS DETERMINED BY WESTMOOR IN ITS SOLE DISCRETION. WESTMOOR DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE WESTMOOR WEBSITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE WESTMOOR WEBSITES. WESTMOOR SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER LAW. NO VERBAL INFORMATION PROVIDED BY WESTMOOR SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL WESTMOOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WESTMOOR WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE WESTMOOR WEBSITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WESTMOOR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER, THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN NEGLIGENCE. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITES.
Applicability of content
Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of Texas, United States of America, and WESTMOOR makes no representation that the content provided is applicable or appropriate for use in other locations.
Arbitration Agreement & Waiver of Certain Rights
User and WESTMOOR agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. User and WESTMOOR hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between user and WESTMOOR relating to these Terms or the WESTMOOR Websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If user demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, WESTMOOR will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude user or WESTMOOR from seeking action by federal, state, or local government agencies. User and WESTMOOR also have the right to bring qualifying claims in small claims court. In addition, user and WESTMOOR retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither user nor WESTMOOR may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only user’s and/or WESTMOOR’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of user’s relationship with WESTMOOR.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WESTMOOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Enforcement of terms and conditions
These Terms are governed and interpreted pursuant to the laws of the State of Texas, United States of America, without reference to its provisions concerning conflicts of law. Any and all dispute(s) concerning the validity or interpretation of these Terms, or performance hereunder, shall be brought exclusively in a court of competent jurisdiction located in Tarrant County, State of Texas, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. WESTMOOR may revise these Terms at any time by updating this posting.
WESTMOOR may terminate this agreement at any time, without notice and for any reason.
User’s Privacy Rights
What Type of Personal Information Do We Collect and Use?
Whenever user register a WESTMOOR product, send us an email, purchase products from a WESTMOOR Website, register on one of the WESTMOOR Websites, enter a contest, sweepstakes, or other promotion, subscribe to one of our newsletters, or otherwise transmit information via any of the WESTMOOR Websites, WESTMOOR may obtain and collect personally identifiable contact information (expressed herein generally as "personal information") such as user’s name, email address, payment information (i.e. credit card number/expiration date), and/or mailing address, subject to user’s ability to "opt-out" of our future use or disclosure of such information.
Personal Information Maintenance & Opt-Out
How Do We Use Personal Information?
WESTMOOR may always use personal information in the following ways:
· to enable us to respond to user generally, or to process, validate and verify requests and/or purchase orders
· to perform any services requested by user
· to compile and/or distribute aggregate information about our website users and aggregate usage patterns
· to provide our own website designers with useful information for developing new features and services that meet user’s needs
· to tailor user’s experience on our websites and our communications with user, showing user content and sending user information we think might interest user or altering the content and our communications according to user’s personal preferences and interests
· as part of an online employment application to evaluate user’s qualifications only
If user has not "opted-out" of our use and disclosure of user’s personal information, WESTMOOR may also use personal information for all marketing and survey purposes on behalf of itself and its affiliates and subsidiaries. WESTMOOR may appoint third party agents in connection with such marketing and survey efforts. WESTMOOR may disclose personal information to select business partners for use in connection with direct mail marketing efforts, including, without limitation, with select third party retailers when the email is collected via a WESTMOOR mobile fitting application at participating fitting locations and with WESTMOOR subsidiary companies.
If user has "opted-out", WESTMOOR will use or disclose user’s personal information only as stated above, or: (1) when legally ordered to do so by a lawful subpoena or court order, (2) if user violate or breach an agreement with WESTMOOR, (3) if we believe user will harm the property or rights of WESTMOOR or those of WESTMOOR's other customers, (4) under exigent circumstances to protect the physical safety of WESTMOOR, its employees, users or the general public, or (5) to validate credit card numbers for charging for fee services.
WESTMOOR may share aggregate statistical information with business partners, sponsors or other third parties. For example, we may tell an advertiser that X number of visitors visited a certain area on a website, or that Y number of men and Z number of women filled out registration forms.
Unsolicited Emails Received by User
WESTMOOR does not send unsolicited bulk emails to anyone who has requested that we do not contact them. We send our newsletters only to those who have subscribed to receive them. If user has inadvertently received one of our newsletters, or if user simply wish to stop receiving them, please follow the "unsubscribe" instructions contained in each newsletter or send a request to be unsubscribed to email@example.com.
Chat Rooms and Forums
The WESTMOOR Websites may now or in the future include chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. User should exercise caution before disclosing user’s personal information via these public venues, which user do at user’s own risk. If user do so, user may receive unsolicited emails or "spam" from others. WESTMOOR cannot safeguard the privacy of personal information that is disclosed online in this manner.
· keep count of return visits to the WESTMOOR Websites
· accumulate and report anonymous, aggregate, statistical information on website usage
· deliver content and advertising specific to user’s interests or past viewing history
User can also disable cookies. By modifying user’s browser preferences, user can accept or reject all cookies, or request a notification when a cookie is set.
WESTMOOR does not store or record the Internet Protocol ("IP") addresses of visitors to the WESTMOOR Websites for marketing purposes, although we may store IP addresses in server logs for system maintenance purposes or to store the source location whenever someone provides Personal Information. An IP address is a number assigned to user’s computer whenever the user accesses the Internet. An Internet Service Providers ("ISP") typically assigns a random IP addresses at the time of user’s dial-up. For local area network ("LAN"), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. We cannot determine user’s identity solely based upon user’s IP address. User’s IP address can, however, reveal what geographic area the user is connecting from, or which ISP the user is using. Finally, other websites the user visits have IP addresses, and we may collect the IP addresses of those websites and their pages, but these IP addresses are never associated with Internet users.
The WESTMOOR Websites use physical, electronic and managerial security measures to protect the loss, misuse and alteration of information under our control.
· We use Secure Socket Layer ("SSL") connections with 128-bit encryption for certain transactions and confidential data. When user uses a secure browser, all information user submits comes to us over the Internet in an encrypted form. Every secure page uses a digital certificate issued by a third-party certification authority. A "site certificate" sits on all secure pages. To view this certificate, click on the image of the closed lock or the solid key on the bottom bar of user’s browser window.
· We monitor system and application activity logs to identify any unusual activity from authorized and/or unauthorized individuals accessing our systems and/or making changes to stored information. We regularly perform preventative system maintenance and monitoring to ensure the security of our data systems.
· We maintain our servers in locked facilities with secure access. Backup tapes are retrieved daily and stored by an independent company in a secure, off-site location.
The WESTMOOR Websites do not require user to set up a user ID and password unless user subscribes for some of our special services or creates a purchasing account with us. We recommend user does not divulge user’s password to anyone. WESTMOOR will never ask user for user’s password in an unsolicited telephone call or email.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect user’s personal information, we cannot ensure or warrant the security of any information user transmit, and user do so at user’s own risk. User can report network abuse and any risk of security violations to us by emailing firstname.lastname@example.org.
Children's Online Privacy Protection
WESTMOOR does not knowingly collect contact or personal information from children under 13. The WESTMOOR Websites are not intended to solicit information of any kind from children under 13, and are designed to block our knowing acceptance of any such information. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will obtain parental consent or otherwise delete the information from our servers. If user wants to notify us of our receipt of information by children under 13, please do so by emailing us at email@example.com.
Notice to California Residents/Your California Privacy Rights
European Union and Swiss Residents
If user chooses to provide WESTMOOR with user’s information, user consent to the transfer and storage of that information on our servers located in the United States.
WESTMOOR adheres to the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce's Safe Harbor Program.
WESTMOOR and its affiliates enforce their intellectual property rights to the fullest extent of the law. If users have any questions concerning the legal notices stated above, users may contact the WESTMOOR Legal Department:
Attn: Legal Department
4901 North Fwy
Fort Worth, TX 76161
The table below lists the cookies we collect and what information they store.
|Cookie Name||Cookie Description|
|FORM_KEY||Stores randomly generated key used to prevent forged requests.|
|PHPSESSID||Your session ID on the server.|
|GUEST-VIEW||Allows guests to view and edit their orders.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history, if you have asked for this.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|MAGE-CACHE-SESSID||Facilitates caching of content on the browser to make pages load faster.|
|MAGE-CACHE-STORAGE||Facilitates caching of content on the browser to make pages load faster.|
|MAGE-CACHE-STORAGE-SECTION-INVALIDATION||Facilitates caching of content on the browser to make pages load faster.|
|MAGE-CACHE-TIMEOUT||Facilitates caching of content on the browser to make pages load faster.|
|SECTION-DATA-IDS||Facilitates caching of content on the browser to make pages load faster.|
|PRIVATE_CONTENT_VERSION||Facilitates caching of content on the browser to make pages load faster.|
|X-MAGENTO-VARY||Facilitates caching of content on the server to make pages load faster.|
|MAGE-TRANSLATION-FILE-VERSION||Facilitates translation of content to other languages.|
|MAGE-TRANSLATION-STORAGE||Facilitates translation of content to other languages.|