The following TOS and Service and any other rules posted on our Site (collectively the "TOS") constitute an agreement between theOutnet.com and you, the visitor, governing your access and use of all content and functionalities available at the theOutnet.com website and related micro-sites accessed through the URL www.theOutnet.com and related domain names, and any other website or micro-site of theOutnet.com (collectively the "Site"). "TheOutnet.com" means theOutnet.com a trading division of Net-a-Porter Limited, a company registered In England, which has licensed the exclusive use of theOutnet.com to Net-a-Porter LLC, a New York limited liability company whose principal place of business is at 30-30 47th Avenue, Long Island City, NY 11101; its officers, directors, shareholders, employees, agents, parent, subsidiaries and affiliates.
By visiting the Site, you are accepting and consenting to the practices described in the TOS.
We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about theOutnet's Privacy Policy before you register to use this Site or any of this Site's services.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site
Registration
Eligibility to purchase
Orders
Pricing policy
Flash sale conditions
Style a friend
Acceptance of your order
Payment
Insurance and delivery
Tracking your order
Returns and exchanges
Intellectual property rights
Content
No commercial use
Your activity
Third party
General
Digital millennium copyright act
General legal terms
To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another end user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify theOutnet immediately of any breach of security or unauthorized use of your account. Although theOutnet will not be liable for your losses caused by any unauthorized use of your account, you may be liable for theOutnet's losses or others due to such unauthorized use.
We may change registration requirements from time to time. When you register and create an account, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address serviceteam.usa@theOutnet.com. You may also want to view our Privacy Policy.
The purchase of merchandise through theOutnet.com ("theOutnet") is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals who meet theOutnet terms of eligibility, who have been issued a valid credit card by a bank acceptable to theOutnet and who have authorized theOutnet to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. TheOutnet reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorize us to perform a one-time per purchase credit check, and where necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
All orders are sold on a first come, first served basis and are subject to acceptance and availability. TheOutnet offers products for sale that are in stock and available for dispatch from our distribution center.
Please note that items in your shopping basket are not reserved and may be purchased by other customers. When participating in 'Pop-Up sales' or 'Going, Going, Gone sales' customers must complete the check out procedure within the specified timeframes.
See sections on Pop-Up sales and Going, Going, Gone sales.
Prices shown on the site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders within New York State. No other tax or import duty will be applied to orders shipped within the USA.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
If you are buying from outside the US, you will incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. If you are a customer whose credit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
Participation in Pop-Up sales, Going, Going, Gone sales, Giveaways and weekly promotions is subject to the following terms and conditions:
The following are the Official Rules for our Giveaways. These Official Rules will be posted and made available at the entry page for the particular Giveaway on theOutnet. Site. You are strongly encouraged to read the Official Rules each time you enter a Giveaway sweepstake. The Official Rules for each Giveaway promotion will identify and describe the prize, the estimated retail value, the odds of winning and the date and time the Giveaway sweepstake commences and concludes.
ELIGIBILITY: The Giveaways sweepstakes are open only to participants who are 18 years of age or older at time of entry. Employees of Net-A-Porter, LLC (the "Sponsor") its affiliates, subsidiaries, advertising, promotion and internet agencies and their immediate family members and/or those living in the same household of each are not eligible. Void where prohibited by law.
PRIZES AND APPROXIMATE RETAIL VALUES: Giveaways prizes will be identified and described in the official rules for each Giveaway sweepstake, together with the estimated retail value, the odds of winning.
HOW TO ENTER: The official rules for each Giveaway sweepstake will explicitly state the beginning date and time of the sweepstake and the closing date and time. Please visit www.theoutnet.com and follow the on-screen instructions to register for a chance to win and be automatically entered into the current Giveaway sweepstake. Entry to any Giveaway sweepstake can only be made by filling out an entry form on the entry page on the Site. All details given must be correct and accurate. Entries must be received by the closing date and time of the specific Giveaway sweepstake. There is a limit of one entry per e-mail address. If more than one entry is received per person, only the first such entry received will be eligible. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email account will be deemed to be the entrant. "Authorized account holder" of an e-mail address is the natural person in whose name the e-mail address has been issued. A selected winner may be asked to provide Sponsor with proof that the selected winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible. Use of automated devices not valid for entry.
GIVEAWAYS RANDOM DRAWING: A winner will be selected in a random drawing on or about 10 days from the specific closing date from among all eligible entries received. A random drawing will be conducted by the Net-a-Porter LLC General Manager, whose decisions are final on all matters relating to this offer. Odds of winning will depend upon the number of eligible entries received. The winner will be notified by email within 10 days of the closing date of the random drawing. If the winner cannot be contacted within 30 days, an alternative winner may be chosen.
GENERAL RULES: NO PURCHASE NECESSARY. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. Entrants agree to abide by the terms of these official rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to each Giveaway sweepstake. Each Giveaway sweepstakes is governed by the laws of the United States. All federal, state, and local laws and regulations apply. Prize winners may be required to execute affidavits of eligibility and/or releases within seven (7) days following the date of attempted notification. Non-compliance within this time period may result in disqualification and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Entrants further grant the Sponsor the right to use and publish their legal name and state of residency online, in print, and in any other media in connection with any Giveaway sweepstake. Acceptance of a prize constitutes permission for Sponsor to use winners' names and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. No substitution or transfer of prize by winner permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that the advertised prize is unavailable. All applicable income taxes are the sole responsibility of winner. By entering, entrants and their respective parents or legal guardians release, discharge and hold harmless Sponsor, its subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability or any injuries, loss, or damage of any kind arising from or in connection with this sweepstake or any prize won. By participating in this promotion, entrants and their respective parents or legal guardians agree to be bound by these Official Rules and the judges' decisions which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway sweepstakes materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of any Giveaway sweepstakes or in the announcement of the prizes.
WINNER'S LIST: For a list of winners, send a self-addressed stamped envelope to: Net-A-Porter, LLC, 30-30 47th Avenue, Long Island City, NY 11101, Attn: The General Manager. Requests received after three months following the drawing date may not be fulfilled.
SPONSOR: Net-A-Porter, LLC, 30-30 47th Avenue, Long Island City, NY 11101.
NOTICE TO ONLINE ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for faulty, incorrect or mis-transcribed phone/e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the promotion. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor shall not be responsible for any occurrences resulting from the entrant's connection to the internet via theOutnet?s Site. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/judging agency/administrator, in their sole discretion. In the event of termination, a notice will be posted online and the sweepstakes random drawing will be conducted from among all eligible sweepstakes entries received prior to termination. Any damage made to the Site will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Entrants participating in a Giveaway sweepstakes agree to be bound by these official rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN ANY OF THE GIVEAWAYS SWEEPSTAKES.
Participation in Style a Friend is subject to the following terms and conditions:
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order, acceptance of your order and completion of the contract between you and theOutnet will be perfected when we dispatch the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or Content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and JCB cards and any other methods which may be clearly advertised on the site from time to time. We will not charge your card until the item is in stock. Payment will be debited and cleared from your account upon dispatch of your order by theOutnet. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your payment card refuses to authorize payment to theOutnet, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using ChasePaymentech, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered theOutnet user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure theOutnet uses Secure Socket Layer (SSL) technology.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
TheOutnet insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by theOutnet and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, theOutnet are not responsible for any delays caused by destination customs clearance processes.
You can check the current status of your shipment by signing into your account and selecting My Orders. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you.
TheOutnet will store a record of your transactions for a minimum of one year.
Making a return for a refund or a store credit, or for an exchange is easy using either our International Returns or Domestic Returns service outlined below. See costs for Shipping and Returns.
International Returns service:
Domestic Returns service:
We may occasionally run a Free Shipping promotion on the site for a limited period of time. Free Shipping promotions do not affect the returns services and charges.
We can only exchange for the same item in a different size based on stock availability (this excludes Giveaways). If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
To exchange an item, you will need to sign into your account and create an exchange specifying the new size you require, following the instructions detailed above.
Please note returns for exchanges are free of charge, but exchanges made to destinations outside of the U.S. will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.
Your refund will either be credited to the original purchaser's credit card, or theOutnet account, as applicable. Your refund amount will exclude the cost of return (with the exception of faulty items), which we will deduct to cover the cost of our return service.
If your order has been sent to a destination within New York, all sales taxes will be refunded. Outside the United States, customs duties and sales taxes are non-refundable. However, you may be able to recover these by contacting your local customs bureau directly.
See costs for Shipping and Returns.
Items should be returned new, unused, and with all theOutnet and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer.
Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
Please email serviceteam.usa@theOutnet.com if any of your purchases have been delivered without a theOutnet tag.
All items returned should have a RMA number. Returns that do not have a RMA number may be returned to the customer without granting a refund.
Unfortunately we are unable to offer returns for items purchased in Going, Going, Gone sales or items won in our Giveaways. We may be able to offer size exchanges for Going, Going Gone sales but this will be subject to stock availability.
Please seek to request RMA numbers within 14 days from receipt of your order. We recommend returned item shipments should be post-marked within seven days from the date you receive your RMA number.
Returns outside these timeframes may be accepted at the discretion of theOutnet and may only be refunded as a store credit. Please note that RMA numbers requested more than 14 days after receipt of your order will be granted at our discretion.
All shoes should be tried on a carpeted surface before wear.
Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the customer without a refund.
Goods are classified as faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks, including THEOUTNET and NET A PORTER, and all other intellectual property rights relating to the Content as herein described, including theOutnet Software and all HTML and other code contained in this Site, shall remain at all times vested in theOutnet and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by theOutnet and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, or audio files on this Site. TheOutnet tries to ensure that the information on this Site is accurate and complete. TheOutnet does not warrant or represent that theOutnet's Content is accurate, error-free or reliable or that your use of theOutnet's Content will not infringe rights of third parties. Your use of the Site is at your risk. TheOutnet does not warrant that the functional aspects of the Site or theOutnet's Content will be error free or that this Web Site, theOutnet Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or theOutnet's Content results in the need for servicing or replacing property, material, equipment or data, theOutnet is not responsible for those costs. Without limiting the foregoing, everything on the Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. TheOutnet and its suppliers make no warranties about theOutnet's content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. TheOutnet reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that theOutnet is not liable to you or any third party for any such withdrawal.
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than theOutnet, including advertisers. TheOutnet has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While theOutnet will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless theOutnet immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
Please contact our Copyright Agent as follows:
TheOutnet.com
30-30 47th Avenue, Long Island City, NY 11101
Attn: Copyright Agent
Tel: 347-468-8012
(a) Complete Terms: The TOS constitute the whole legal agreement between you and theOutnet.com and govern your use of the Services and completely replace any prior agreements between you and theOutnet.com in relation to the Services. Notwithstanding the foregoing, you understand that theOutnet.com may make changes to the TOS from time to time. When these changes are made, theOutnet.com will make a new copy of the TOS available at www.theoutnet.com. You agree that theOutnet.com is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: theOutnet.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which theOutnet.com provides may change from time to time without prior notice to you. You further acknowledge and agree that theOutnet.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at theOutnet.com's sole discretion, without prior notice to you.
(c) Confidentiality: You understand that theOutnet.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. theOutnet.com reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that theOutnet.com has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which theOutnet.com may suffer) of any such breach.
(e) Rights Not Waived: You agree that if theOutnet.com does not exercise or enforce any legal right or remedy which is contained in the TOS (or which theOutnet.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of theOutnet.com's rights and that those rights or remedies will still be available to theOutnet.com.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with theOutnet.com under the TOS, shall be governed by the laws of the State of New York. You and theOutnet.com agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Violation of TOS: Please report any violations of the TOS by emailing serviceteam.usa@theOutnet.com.
(i) Independent Relationship: You and theOutnet.com are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and theOutnet.com. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.