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Site Terms
Terms of Use
 

Site Terms

Last Updated: April 23, 2014

Welcome to the A|X Armani Exchange Website (the "Site") owned and operated by Presidio International, Inc. ("Armani Exchange" or "we" or "us"). Armani Exchange provides the Site as a service to its customers and have prepared these Terms of Use (the "Terms") in order to ensure that you understand your rights and obligations. The Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. If you do not agree to the Terms, please do not use the Site, any of the services provided on the site, or place an order from the Site.

Armani Exchange reserves the right, at any time, in its sole discretion to modify, alter, add to, discontinue, remove, revise, update, and/or change any portion of the Terms without notice to you and you agree to be bound by such modifications, alterations or updates. The most current version of the Terms will be available on the site and supersedes all previous versions. You should visit this page periodically to review the Terms that currently govern your use of the Site. Even if you have bookmarked or decide to bookmark a particular section of the Site and Bypass the Terms, your use of the Site indicates your acceptance of the Terms and agreement to be bound by the Terms.

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS THAT GOVERN YOUR USE OF THE SITE (THE "AGREEMENT"). PLEASE NOTE THAT YOUR USE OF ANY OF THE SITE OR THE PURCHASE OF PRODUCTS FROM THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND UNCONDITIONAL AGREEMENT TO FOLLOW AND BE LEGALLY BOUND BY THE TERMS.

If you have any questions about the Terms, you may contact us at custserv@armaniexchange.com.

Site Content

Armani Exchange will make every attempt to ensure that information on the Site is accurate, complete and current as it relates to content or product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Proprietary Rights

The Site and its content, including, but not limited to, all illustrations, photographs, products, images, video clips, audio, logos, graphics, software, button icons and written and other materials that are part of the Site "collectively, the "Content") are owned or licensed by Armani Exchange. The Content is protected by all applicable federal and state laws and Armani Exchange reserves all rights therein. When you use or download the Content you do not acquire any ownership of such content. Armani Exchange and all other trademarks appearing at the Site from time to time are the trademarks of Presidio International Inc. Armani Exchange will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution and infringement.

User Information

When you use the Site, you may be asked to provide certain personal information to us and information may be collected automatically ("User Information"). Our information collection and use policies with respect to such User Information are set forth in the Armani Exchange Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy of User Information and you agree to keep it up to date. Please review our Privacy Policy on our site for further information.

Use of the Site

The Content of the Site, and the Site as a whole, are intended solely for personal, non-commercial use which use shall be limited to viewing the Site, purchasing merchandise, providing information to the Site, and downloading product information for your personal review. Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any of the Content.

You are responsible for your use of the Site. In using the Site you shall not take any action which violates any law or injuries any person or property, which action shall include:

- Violate or infringe any other parties intellectual property, privacy, publicity, or other legal rights;

- Transmit any virus or malicious or unsolicited software;

- Impersonate any person or entity or misrepresent your affiliation with someone else;

- Interfere with or disrupt the Site;

- Attempt to gain unauthorized access to other computer systems through the Site;

- Upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site for commercial purpose; or

- Use or attempt to use link, scraper, robot, bot, spider, data mini, computer code or any other automatic means of obtaining lists of products, prices, users or any other information from or through the Site. (violations of system of network security may results in civil or criminal liability and we will investigate occurrences and may involve, and cooperate with law enforcement authorities in prosecuting any user or users who are involved in such violations).

User Comments, Feedback, Postcards and Other Submissions

Armani Exchange is pleased to hear from its customers and welcomes your comments regarding its products and services. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Armani Exchange on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "comments") shall be and remain Armani Exchanges property. Such disclosure, submission or offer of any comments shall constitute an assignment to Armani Exchange of all worldwide rights, tittles and interests in all copyrights and other intellectual properties in the comments. Thus, Armani Exchange will own exclusively all such rights, tittles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. Armani Exchange and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any comments; or (3) to respond to any user Comments. Please review our Privacy Policy for further information.

You agree that no comments submitted by you to the Site or any of our social media sites (i.e., Facebook, etc.) will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will  be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Merchandise Availability

Armani Exchange prides itself in providing exclusive, quality merchandize. Availability of merchandise may vary at Armani Exchange stores and on ArmaniExchange.com. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on ArmaniExchange.com. Display of an item on ArmaniExchange.com is not guaranteed that the item is currently in stock or that it will be available when you visit the Site again. If you are unable to locate a particular item that caught your attention on a previous visit to the Site or if you have any questions concerning the availability of a particular item, please contact our Customer Service department at 1-800-717-AXAX (2929) or at custserv@armaniexchange.com. We will make every effort to fulfill your requests whenever possible.

We reserve the right, without prior notice, to limit the order quantity on any product or service and/ or to refuse service to any customer that we believe would violate any of our business practices, applicable laws or policies. We also may require verification of information prior to the acceptance and/or shipment of any order.

Product Information and Pricing

The Armani Exchange products displayed at the Site are available in select Armani Exchange stores in the United States and Canada.

We have made every effort to display as accurately as possible our products that appear on the Site. However, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.

Products displayed may be out-of-stock, discontinued, or otherwise unavailable, and prices are subject to change. The prices displayed on the Site are quoted in Canadian Dollars and are valid and effective only in Canada. Notwithstanding the foregoing, the prices for some clearance products may be quoted in U.S. Dollars and are valid and effectively only in Canada. Armani Exchange strives to offer products on the Site at compelling prices, with certain limited time offerings at promotional prices. While products will usually be priced the same as products offered in Armani Exchange stores, in some cases, Armani Exchange stores may have different prices.

Please call us at 1-800-717-AXAX (2929) for any further assistance with our products.

Returns and Exchanges of Products

If you are not completely satisfied with your ArmaniExchange.com purchase you may return it with your invoice to an Armani Exchange store or by mail. Please see our Return & Exchange Policy on our site for details.

Armani Exchange Shall have the right not to fulfill any purchase or order placed on the Site, if Armani Exchange determines there to be a pricing, typographical, or system error, subject to any applicable refunds under our Return Policy.

Other Web Sites and Services

In order to provide increased value to its customers, ArmaniExchange.com may contain links to various third party websites (i.e., Facebook, Twitter, Pinterest, Instagram, YouTube, etc.). Armani Exchange does not have any control over these linked sites and, therefore, does not assume any responsibility or liability for their content, nor should their inclusion on the site imply our endorsement, sponsorship, or recommendation for those linked websites. Armani Exchange provides the links solely for the convenience and information of its Site users. We do not promise that the contents of any linked site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibility and consequences resulting from such reliance.

Promotions

Armani Exchange may from time to time offer sweepstakes, contests, or other promotions which may have its own terms and conditions including but not limited to eligibility restrictions and rules regarding disclosure of personal information. It is your responsibility to read and abide by such rules.

Disclaimer

ARMANI EXCHANGE PROVIDES THE MATERIALS AND PRODUCTS ON THE SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ARMANI EXCHANGE EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH ARMANI EXCHANGE MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. ARMANI EXCHANGE DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS. ARMANI EXCHANGE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENTS OF THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU FURTHER ACKNOWLEDGE THAT ARMANI EXCHANGE SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND  RELATED TO YOUR USE OF THE SITE.

Limitation of Liability

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ARMANI EXCHANGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ARMANI EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN ARMANI EXCHANGE(S) LIABILITY TO YOU FOR NAY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUTH PAID, IF ANY, BY YOU TO ARMANI EXCHANGE FOR PRODUCTS OR SERVICES PROVIDED BY ARMANI EXCHANGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND ACKNOWLEDGE THAT CALIFORNIA CIVIL CODE, SECTION 1542 PROVIDES THAT A "GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU HEREBY AGREE TO EXPRESSLY WAIVE ANY BENEFITS OF CALIFORNIA CIVIL CODE, SECTION 1542 AND ANY OTHER STATUTE, LAW OR RULE OF SIMILAR EFFECT.

Indemnification

You agree to indemnify, defend, and hold harmless, Armani Exchange, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from your use of the Site or breach or violation of laws or the Terms (including negligent or wrongful conduct) by you or any third party accessing the Site using your account. You agree to fully cooperate as fully and as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without our written consent.

Termination

The terms are effective upon your accessing the Site and remain effective unless and until terminated by Armani Exchange. Armani Exchange may terminate this agreement at any time and may do so immediately without notice, and accordingly reject, refuse, restrict, suspend, or terminate your access to all or any part of the Site, if in Armani Exchange(s) sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of the agreement by Armani Exchange, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Terms or otherwise. Provisions relating to Proprietary rights, Disclaimer, Limitation of Liability, and Indemnification, shall survive termination.

Armani Exchange may Terminate, change, suspend, or discontinue any aspect of the Site or the Sites services at any time.

Entire Agreement

The Terms constitute the entire Agreement between you and Armani Exchange regarding the use of the Site and supersedes any prior agreement, understanding, or arrangement whether oral or in writing. Both you and us acknowledge that, in entering into the terms, neither you nor us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Any Failure of Armani Exchange to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.

Severability

If any provision of the Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the relevant provision, and the other provisions of the Terms shall remain in full force and effect.

Applicable Law

The agreement shall be construed in accordance with the laws of the United States of America, including U.S. copyright and trademark laws, and with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under the Agreement shall be resolved exclusively by the state and/ or federal courts of the State of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York and agree to waive your rights to a trial by jury.

Miscellaneous 

The Terms inure to the benefit of Armani Exchange(s) successors, assigns, and licensees.

The section tittles in the Terms are for convenience only and have no legal or contractual effect.

All rights not expressly granted herein are reserved to the Presidio International, Inc.