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We offer a wide range of The Hosiery Shop Services, and sometimes additional terms may apply. When you use an The Hosiery Shop Service (for example, Your Profile, Gift Cards, The Hosiery Shop Video, Your Media Library, or The Hosiery Shop applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that The Hosiery Shop Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of The Hosiery Shop Services, to understand our practices.
When you use any The Hosiery Shop Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other The Hosiery Shop Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any The Hosiery Shop Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of The Hosiery Shop or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any The Hosiery Shop Service is the exclusive property of The Hosiery Shop and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of The Hosiery Shop trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any The Hosiery Shop Service are trademarks or trade dress of The Hosiery Shop in the U.S. and other countries. The Hosiery Shop's trademarks and trade dress may not be used in connection with any product or service that is not The Hosiery Shop's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Hosiery Shop. All other trademarks not owned by The Hosiery Shop that appear in any The Hosiery Shop Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Hosiery Shop.
One or more patents owned by The Hosiery Shop apply to the The Hosiery Shop Services and to the features and services accessible via the The Hosiery Shop Services. Portions of the The Hosiery Shop Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable The Hosiery Shop patents and applicable licensed patents.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, The Hosiery Shop or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the The Hosiery Shop Services. This license does not include any resale or commercial use of any The Hosiery Shop Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any The Hosiery Shop Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by The Hosiery Shop or its licensors, suppliers, publishers, rightsholders, or other content providers. No The Hosiery Shop Service, nor any part of any The Hosiery Shop Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Hosiery Shop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Hosiery Shop without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Hosiery Shop's name or trademarks without the express written consent of The Hosiery Shop. You may not misuse the The Hosiery Shop Services. You may use the The Hosiery Shop Services only as permitted by law. The licenses granted by The Hosiery Shop terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any The Hosiery Shop Service, 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. The Hosiery Shop does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the The Hosiery Shop Services only with involvement of a parent or guardian. Alcohol listings on The Hosiery Shop are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. The Hosiery Shop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Hosiery Shop reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Hosiery Shop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Hosiery Shop and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Hosiery Shop for all claims resulting from content you supply. The Hosiery Shop has the right but not the obligation to monitor and edit or remove any activity or content. The Hosiery Shop takes no responsibility and assumes no liability for any content posted by you or any third party.
The Hosiery Shop respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
All items purchased from The Hosiery Shop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Hosiery Shop does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, The Hosiery Shop does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center
The Hosiery Shop attempts to be as accurate as possible. However, The Hosiery Shop does not warrant that product descriptions or other content of any The Hosiery Shop Service is accurate, complete, reliable, current, or error-free. If a product offered by The Hosiery Shop itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on The Hosiery Shop and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on The Hosiery Shop.
With respect to items sold by The Hosiery Shop, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by The Hosiery Shop is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by The Hosiery Shop, such as the The Hosiery Shop App, The Hosiery Shop Shopping App, or The Hosiery Shop Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with The Hosiery Shop Services (the "The Hosiery Shop Software").
Parties other than The Hosiery Shop operate stores, provide services, or sell product lines through the The Hosiery Shop Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. The Hosiery Shop does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THE The Hosiery Shop SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE The Hosiery Shop SERVICES ARE PROVIDED BY The Hosiery Shop ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. The Hosiery Shop MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE The Hosiery Shop SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE The Hosiery Shop SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE The Hosiery Shop SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Hosiery Shop DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Hosiery Shop DOES NOT WARRANT THAT THE The Hosiery Shop SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE The Hosiery Shop SERVICES, The Hosiery Shop'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM The Hosiery Shop ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Hosiery Shop WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY The Hosiery Shop SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY The Hosiery Shop SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any The Hosiery Shop Service, or to any products or services sold or distributed by The Hosiery Shop or through The Hosiery Shop.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, The Hosiery Shop will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any The Hosiery Shop Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Hosiery Shop.
If you have a subpoena to serve on The Hosiery Shop, please note that The Hosiery Shop does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on The Hosiery Shop.com, preferably by mailing the subpoena to Corporation Service Company (CSC), The Hosiery Shop's national registered agent. Please find below the Washington address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):
The Hosiery Shop.com, Inc.
Columbus, OH 43230
Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; Kindle serial number for Kindle information (please note we do not have GPS location information); and IP address and complete time stamp for AWS information.
The Hosiery Shop's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
The Hosiery Shop.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: copyright@The Hosiery Shop.com
The Hosiery Shop.com Legal Department
2021 7th Avenue
Seattle, WA 98121
Use of the The Hosiery Shop Software. You may use The Hosiery Shop Software solely for purposes of enabling you to use and enjoy the The Hosiery Shop Services as provided by The Hosiery Shop, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the The Hosiery Shop Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the The Hosiery Shop Software or otherwise assign any rights to the The Hosiery Shop Software in whole or in part. You may not use the The Hosiery Shop Software for any illegal purpose. We may cease providing any The Hosiery Shop Software and we may terminate your right to use any The Hosiery Shop Software at any time. Your rights to use the The Hosiery Shop Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain The Hosiery Shop Software that are specifically identified in related documentation may apply to that The Hosiery Shop Software (or software incorporated with the The Hosiery Shop Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any The Hosiery Shop Service is the property of The Hosiery Shop or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the The Hosiery Shop Software, whether in whole or in part, or create any derivative works from or of the The Hosiery Shop Software.
Updates. In order to keep the The Hosiery Shop Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the The Hosiery Shop Software. If you are a U.S. Government end user, we are licensing the The Hosiery Shop Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the The Hosiery Shop Software are the same as the rights we grant to all others under these Conditions of Use.