Terms of Use
Revised: 6/27/2023
Welcome to Jockey.com ("Site"). This Site is owned and operated by Jockey International, Inc. or a Jockey subsidiary ("Jockey"). THESE TERMS OF USE (“TERMS”) GOVERN THE USE OF THIS SITE AND ALSO APPLY TO PURCHASES FROM JOCKEY RETAIL STORES AND FROM THE JOCKEY CATALOG. Your use of this Site or any purchase in a Jockey store constitutes your agreement to follow and be bound by these Terms. Jockey may modify or change these Terms at any time, without prior notice. Your continued use of this Site or any purchase in a Jockey store following any such change constitutes your agreement to follow and be bound by these Terms as modified. If at any time you do not agree to or fail to abide by these Terms, you are no longer permitted to use this Site or make purchases in Jockey stores or from the Jockey Catalog. Jockey may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Site at any time and for any reason, without any liability to Jockey, subject to applicable law. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.
You may be required to register with Jockey in order to access certain services or areas of the Site. Jockey may refuse to grant to you the username you request. Your username and password are for your personal use only, and you will not share your username or password with any individual or third party (other than Jockey). You are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for the security and confidentiality of your password and account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of this Site and the services provided on this Site.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without Jockey’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose in Jockey’s sole discretion an unreasonable or disproportionately large load on Jockey’s infrastructure; (ii) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (iii) bypass any measures Jockey may use to prevent or restrict access to this Site.
Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with these Terms. As a condition of your use of this Site, you warrant to Jockey that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
Make any commercial use of the Site or its Contents (as defined below), including making any collection or use of any product listings, descriptions, prices or images;
Download, copy or transmit any Contents for the benefit of any other merchant;
Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than by generally publicly available browsers;
Frame, mirror or use framing techniques on any part of the Site without Jockey’s express prior written consent;
Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to these Terms;
Use any meta tags or any other hidden text utilizing Jockey’s name or other trademarks;
Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that Jockey endorses any statement you make;
Use a buying agent to conduct transactions on the Site;
Use the Site or any function thereof with the primary intent of such use being to bring a legal action against Jockey;
Making purchases on the Site for the purposes of reselling Jockey products
Conduct fraudulent activities on the Site;
Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Jockey Site) or to the Site;
Send unsolicited or unauthorized email on behalf of Jockey, including promotions and/or advertising of products or services;
Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
Harvest or collect personally identifiable information about other users of the Site;
Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
Use the Site to advertise or offer to sell or buy any goods or services without Jockey’s express prior written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
User Comments, Feedback and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Jockey on or by this Site or through other means (including via Consumer Care calls or by mail) or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the property of Jockey International, Inc. Such disclosure, submission or offer of any Comments shall constitute an assignment to Jockey of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Jockey will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Jockey is 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.
You agree that no Comments submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to this 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. Jockey reserves the right to remove any user Comments from this Site, for any reason and at any time, at its sole discretion. This right imposes no affirmative obligation on Jockey to remove any comment, and you shall retain sole responsibility for the content of any Comments submitted by you to this Site whether or not Jockey chooses to exercise this right. You agree that Jockey may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. By participating in Site sweepstakes, giveaways, contests, promotions, the Jockey Rewards Program and/or requesting promotional information or product updates, you agree that Jockey may use your information for marketing and promotional purposes.
HSA/FSA Disclaimers
References on this site to certain products possibly being Health Savings Account (HSA) and Flexible Spending Account (FSA) eligible are provided as an educational resource only. You should check with your plan administrator to verify that such items are eligible for reimbursements under your plan. You should keep your order confirmation email handy to use as an itemized receipt, which may be required for reimbursement. Jockey does not accept FSA cards as a payment method on this Site.
Jockey's Communications to You
Email:
Through your use of this Site you may be asked to provide Jockey with your personal email address. If you choose to provide your personal email address, you expressly agree that Jockey may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Jockey's products or services, or for such other purpose(s) as Jockey deems appropriate. If you provide us with your email address and then wish to opt-out, you can:
Follow the link at the bottom of Jockey email communications.
To update your email preferences Click here
Send email to Contact Us and ask that you be removed from Jockey’s list.
Calling us toll free at 1-800-562-5391 (MON-FRI 7:00 - 8:00 CST, SAT-SUN 9:00 - 5:30 CST), or
Writing us at:
Attention: Privacy Officer
Jockey International, Inc.
P.O. Box 1417
2300 60th Street Kenosha,
Wisconsin 53141-1417
Text Messages:
Your carrier's normal rates and fees apply to your device. By texting "BRIEF" to 79644 for US carriers, 877-664-7895 for Canada carriers, or by signing up through this Site, you are subscribing to receive promotional text messages from Jockey and its affiliates and subsidiaries at the mobile number you provided. You understand you are not required to provide any consent to receive text messages as a condition of purchasing goods or services through this Site. You also agree to receive a confirmation opt-out text from Jockey if you subsequently text "STOP" to 79644 for US carriers, 877-664-7895 for Canada carriers, or you unsubscribe through this Site. You agree to receive up to 8 automated messages per month, which may include the latest updates on products, contests, special offers, polls and trivia. Finally, you also affirm you are 18 years of age or older, authorized to receive text messages to the mobile number you provided and responsible for any message or data rates that may be incurred. Jockey Text Messages are Powered by Bluecore. You can opt out of texts at any time by replying "STOP" to any texts you receive, or text "STOP" to 79644 for US carriers or 877-664-7895 for Canada carriers. Before changing your mobile phone number, you agree that you will opt out of Jockey Texts. To opt back in with your new mobile number, text "BRIEF" to 79644 for US carriers or 877-664-7895 for Canada carriers. For help related to texts, reply "HELP" to any text message received from Jockey, and its affiliates or subsidiaries, or text "HELP" to 79644 for US carriers or 877-664-7895 for Canada carriers.
Please consult your service agreement with your wireless carrier to determine your phone's pricing plan. This program may not be available on all mobile operators. Jockey may add or remove participating mobile operators without notice. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate. Check with your mobile operator.
For customer service related to email, text messages or any other communication you receive from Jockey, please call toll free to (1-800-562-5391), or for additional information, visit Jockey's Privacy Policy at Privacy Policy
Pricing and Product Information
Jockey attempts to ensure that information on this Site is complete, accurate, and current. Despite Jockey’s efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable law, Jockey makes no representation as to the completeness, accuracy, or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. Jockey products are available at department and specialty stores, as well as at Jockey stores; however, availability of the products displayed on this Site at such locations is subject to the supply of each particular store. In addition, Jockey may make changes in information about price and availability without notice. Further, all product descriptions and offerings are subject to change by Jockey at any time without notice. Jockey strives to provide correct pricing information. However, in the event that pricing errors occur Jockey reserves the right to cancel any order containing pricing inaccuracies, regardless of the receipt by you of any order or shipping confirmation. While it is Jockey’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute Jockey’s acceptance of an order or Jockey’s confirmation of an offer to sell a product or service. Jockey reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Jockey also may require verification of information prior to the acceptance and/or shipment of any order and may require you to acknowledge that you are not placing an order for the purpose of reselling Jockey products.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier.
Product Purchases
If you wish to purchase any product made available through the Site (a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Jockey the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. Jockey reserves the right in Jockey’s discretion to impose conditions on the offering of any promotional code.
Quantity Limitation
Jockey offers merchandise to consumers through this Site, its stores, and its catalog. Jockey may from time to time, at its sole discretion, reject or limit quantities on orders placed by the same individual or account, orders placed by the same credit card, and/or orders placed using the same shipping or billing address. In addition, Jockey reserves the right, in its sole discretion, to reject any sale or order or limit the quantity of any purchase, to a reseller. A reseller is defined as any individual that purchases goods with the intention of selling them to others, and not solely for personal use. Notwithstanding anything to the contrary, Jockey does not offer additional discounts on any purchase made with the intent to resell.
Rules for Promotions
Any sweepstakes, giveaways, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site or in the Jockey Catalog (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Jockey International, Inc. collectively, and its subsidiaries and/or affiliates. Further, the collection, arrangement and assembly of the Contents is the exclusive property of Jockey and protected by U.S. and international copyright laws. Jockey and its licensors expressly reserve all intellectual property rights in all Contents. Unauthorized use of Jockey’s protected properties is prohibited. You may not modify in any way any part of this Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of Jockey. You may, however, download and copy items such as store locations or product descriptions displayed for personal, non-commercial use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this Site, or any related software. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of this Site and services offered by this Site.
Trademark Credits
JOCKEY, jockey.com, the Jockey Figure Designs, and all other trademarks and logos used in this Site are trademarks of Jockey International, Inc. All other trademarks, product names and company names or logos cited in this Site are the property of the applicable third-party owner. All Lycra® is a registered trademark for spandex fiber made only by INVISTA NORTH AMERICA S.A.R.L.
Links to Other Sites
The Site may contain links and interactive functionality interacting with the websites of third parties, including social media sites. Jockey is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Jockey strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Jockey of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Filtering
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at such website.
Colors
All features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Jockey has made every effort to display as accurately as possible the colors of Jockey’s products that appear at this Site. However, as the actual colors you see will depend on your monitor, Jockey cannot guarantee that your monitor's display of any color will be accurate.
Disclaimer of Warranties
Jockey cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, 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 JOCKEY SITE, AND THAT JOCKEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Indemnification
You agree to defend, indemnify and hold harmless Jockey, and its respective shareholders, employees, directors, officers, and agents from and against any and all claims, damages, costs, liabilities, fines, penalties, and expenses, including reasonable attorneys' fees, arising from or related to your breach of these Terms, your use of this Site, or any purchases in Jockey stores or through the Jockey Catalog.
Neither Jockey nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, pandemic, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Limitation of Liability
JOCKEY SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR TO MAKE ANY PURCHASES IN JOCKEY STORES OR IN THE JOCKEY CATALOG. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT JOCKEY HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOCKEY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIS SITE OR ANY JOCKEY STORE OR JOCKEY CATALOG, AND JOCKEY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Waiver of Right to Jury; Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST JOCKEY AND/OR RELATED THIRD PARTIES. YOU EXPRESSLY AGREE THAT IN ANY CLAIM OR DISPUTE YOU MAY BRING AGAINST JOCKEY ARISING FROM THE USE OF THIS SITE, JOCKEY STORES, OR THE JOCKEY CATALOG, THAT YOU SHALL NOT JOIN YOUR SUIT WITH ANY OTHER USER OF THIS SITE OR CUSTOMER OF JOCKEY. YOU SHALL HAVE NO RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED ON A CLASS ACTION BASIS AND YOU SHALL ONLY BRING SUCH CLAIM OR DISPUTE IN YOUR INDIVIDUAL CAPACITY.
Jurisdiction
This Site is displayed solely for the purpose of promoting Jockey's products and services available in the United States. This Site is controlled and operated by Jockey through its offices in Kenosha, Wisconsin. This Site, its terms, advertisements, and offerings, including all purchases made through this Site or in any Jockey store or Jockey Catalog, shall be construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. Further, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the Eastern District of Wisconsin, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Eastern District of Wisconsin for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Wisconsin located in Kenosha County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Jockey both waive your right to a jury trial, unless such waiver is unenforceable.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us electronically at: Contact Us or call us toll free at 1-800-562-5391 (MON-FRI 7:00 – 8:00 CST, SAT-SUN 9:00 – 5:30 CST) or write to us at:
Attention: Privacy Officer
Jockey International, Inc.
P.O. Box 1417
2300 60th Street Kenosha,
Wisconsin 53141-1417
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.