Terms & Conditions


Terms of Use Agreement

TERMS OF USE

  1. INTRODUCTION
Welcome to http://www.xbygottex.com (the “Website”).  The Website is owned and operated by KP Apparel Group, LLC and their subsidiaries and affiliates (collectively referred to herein as “X by Gottex” “we,” “us” and “our”). By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the “Agreement”) and any and all rules, guidelines and directions found throughout the Website.  Please read this Agreement carefully.  This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below in Section 6. By using the Website you also represent that you are at least 13 years old.  X by Gottex does not knowingly collect personally identifiable information from users under the age of 13.  Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us.  YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13. In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement.  Please print a copy of this Agreement for your records.  We may, from time to time, modify the terms of this Agreement.  When we make changes, we will post those in a new Terms of Use Agreement.  Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement.  You should visit this page periodically to learn of any changes to this Agreement.
  1. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.  The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

Privacy Policy X By Gottex

This Privacy Policy discloses the privacy practices for the http://www.xbygottex.com/ website, mobile applications, and various related services (together referred to as the “site”).  KP Apparel Group, LLC the providers of the site (collectively referred to as “X by Gottex,” “us,” or “we”), are committed to protecting your privacy online.  Please read the information below to learn the following regarding your use of this site.

 

You acknowledge that this Privacy Policy is part of our Terms of Use Agreement, and by accessing or using our site, you agree to be bound by all of its terms and conditions.  If you do not agree to these terms, please do not access or use this site.

 

We reserve the right to change this Privacy Policy at any time.  Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to issuing an email to the email address listed by registered users and posting the revised Policy on this page.  You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this site and this Policy periodically and to be aware of any modifications.  Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

 

  • Types of Information Collected

 

In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Nonpersonally Identifiable Information.  Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.  We collect personal information when you choose to use certain aspects of the services, such as making purchases; electing to receive text messages about upcoming boutiques, promotions or events; or if you provide it in response to surveys, contests, sweepstakes or other requests.  When you choose to use these features, we may require you to provide additional personal information such as your phone number, billing and shipping addresses, and credit card information, and we may request additional personal information such as your shopping preferences and demographics.

 

Personally Identifiable Information:  This refers to information that lets us know the specifics of who you are.  When you engage in certain activities on this site, such as registering for a membership, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form.  It is completely optional for you to engage in these activities.  If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information.  When ordering products on the site, you may be asked to provide a credit card number.  Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary.  If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

 

Nonpersonally Identifiable Information:  This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways.  This information is compiled and analyzed on both a personal and an aggregated basis.  This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address.  A URL is the global address of documents and other resources on the World Wide Web.  An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web.  Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination.  In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer.  Computers require IP addresses in order for users to communicate on the Internet.

 

  1. Collection Methods and Use of Information

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us.  You provide certain Personally Identifiable Information to us when you: (a) register for our services and register your email address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our site.  We may also collect information from you at other points on our site that state that such information is being collected.

 

In addition, we may also collect, or our third party ad server and/or content server may collect, certain Nonpersonally Identifiable Information.  This information is ultimately stored in the form of store categories, and, in some cases, specific URLs.  We use your IP address to diagnose problems with our servers, software, to administer our site, and to gather demographic information.  Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at out site.

 

We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you, and to give you a more enjoyable, convenient shopping experience, learn about your habits, personalize your user experience, and help us identify and/or provide information, products, or services that may be of interest to you.  We will also use Personally Identifiable Information to enhance the operation of our site, fill orders, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site’s content, layout, and services.  We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices.  We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems, and enforce our agreements with you, including our Terms of Use Agreement, [Sales Terms and Conditions,] and this Private Policy.

 

  1. Release of Information

We do not sell, trade, or rent your Personally Identifiable Information to others.  We do provide some of our services through contractual arrangements with affiliates, services providers, partners, and other third parties.  We and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services.  For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.

 

We will encourage our service partners to adopt and post privacy policies.  However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

 

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities.  We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation.  We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

 

We may also provide Nonpersonally Identifiable Information about our customers’ sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

 

  1. Updating and Correcting Information

We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us.  You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this site.

 

Please include your name, address, and/or email address when you contact us.

 

We encourage you to promptly update your Personally Identifiable Information if it changes.  You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site.  In addition, it may be impossible to completely delete your information without some residual information because of backups.

 

  1. User Choices on Collection and Use of Information

We may, from time to time, send you email regarding our products and services.  In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you.  Only X by Gottex (or agents working on behalf of X by Gottex and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers.  If you do not want to receive such mailings, simply tell us when you give us your personal information.  Or, at any time you can easily edit your account information to no longer receive such offers and mailings.  When you use our mobile applications, you can choose not to share your locations data by adjusting the applicable settings on your mobile device (the manufacturer or your service provider should be able to provide assistance.

 

You also have choices with respect to cookies, as described below.  By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies.  If you choose to reject all cookies some parts of our site may not work properly in your case.

 

  1. Security of Information

At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards.  The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us.  Your Personally Identifiable Information is protected in several ways.  Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you.  This password is encrypted.  We recommend that you do not divulge your password to anyone.  In addition, your Personally Identifiable Information resides on a secure server that only selected X by Gottex personnel and contractors have access to via password.  We encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

 

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password.  Since this information is not accessible from outside X by Gottex you will not be asked to select a password in order to view or modify such information.

 

In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents, and distribution institutions.  They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

 

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.  As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

 

  1. Cookies

When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site.  A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us.  Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site.  The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site.  You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

 

We may use an outside ad serving company to display banner advertisements on our site.  As part of their service, they will place a separate cookie on your computer.  We will not provide any third-party ad server with any of your Personally Identifiable Information or information about you or your purchases.  We and our third party ad server will collect and use Nonpersonally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad.  Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.

 

  1. Privacy Policies of Third Party Sites

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you.  Other sites accessible through our site have their own privacy policies and data collection, use, and disclosure practices.  Please consult each site’s privacy policy.  We are not responsible for the policies or practices of third parties.  Additionally, other companies that place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies.  We cannot control this collection of information.  You should contact these advertisers directly if you have any questions about their use of the information that they collect.

 

  1. Gift Cards and Services

We also enable you to purchase and send gift certificates and products to family members, friends, or colleagues.  To fulfill your request, we may require personal information about the person to whom you are sending the product or service such as their name, physical address, email address, and so on.  The personal information you provide about that person is used only for the purpose for which it is collected.  We will not use the information collected to market directly to that person.

 

  1. Publicly Displayed Information is Public

If you use a bulletin board or chat room on our web site you should be aware that any information you share is visible to other users.  Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages.  We are not responsible for the personally identifiable information you choose to submit in these forums.  For example, if you choose to make information, which was previously nonpublic, available by enabling certain user features, we will collect that information from your interaction and the information will become publicly available.  If you do not want your comments to be viewed by third parties, you are advised not to make any submissions.  Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information.  Please be careful and responsible whenever you’re online.

 

  1. Integrity of Your Personal Information

We have safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used.  You always have the right to access and correct the personal information you have provided and can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking at http://www.koral.com/.  In addition, you can request a copy of your personal information, your product registration history, and your interactions with our sales and support agents by contacting us at the email address below.

 

  1. Privacy of Children

Protecting children’s privacy is especially important to us.  We recognize that parents, guardians, or other adults often purchase our products for family use, including use by minors.  We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of purchaser of the product, and will be treated as such by this privacy policy.  If a child under 13 submits personal information to the Company and we learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible.  It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.  Therefore we restrict our web site to persons 18 years or older.

 

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS X BY GOTTEX’S WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE X BY GOTTEX’S WEB SITE FOR ANY REASON.  DUE TO THE AGE RESTRICTIONS FOR USE OF THAT WEBSITE, NO INFORMATION OBTAINED BY THAT WEBSITE FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.

 

  1. Commitment to Your Privacy

As we said, we take protecting your privacy very seriously.  To make sure your personal information is secure, we communicate these guidelines to our employees and strictly enforce privacy safeguards within X  by Gottex.  In addition, we support industry initiatives, such as TRUSTe, to preserve privacy rights on the Internet and in all aspects of electronic commerce.

 

  1. International Users

We abide by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union.

  1. CONSIDERATION
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt of data, materials, and information available at or through the Website.
  1. RESTRICTIONS ON USE OF MATERIALS
Trademarks.  X by Gottex, and other trademarks, service marks, trade names, and trade dress indicated on our Website are trademarks or registered trademarks of X by Gottex and its affiliates, licensors and licensees in the United States and other countries.  All rights in such names are hereby reserved.  The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark owned or controlled by X by Gottex or any third party. Copyright.   All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of X by Gottex or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws.  Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes.  Nothing stated or implied on the Website confers on you any license or right under any copyright of X by Gottex or any third party. The Website and the information contained in reference herein are for your personal, non-commercial use only.  Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of X by Gottex or its lawful successors and assigns. For usage permission, please contact us via e-mail at info@xbygottex.com.
  1. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others.  If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Our copyright agent for notice of claims of copyright infringement on the Website is http://www.xbygottex.com
  1. REGISTRATION
You do not have to register to view the Website.  You can visit the Website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account.  You can also contact us about a particular video, picture, audio file, or other posting without having an account.  However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website.  To register, you must create a user account, which requires you to provide your e-mail address and select a password.  When creating a user account, you must provide accurate, complete, and updated registration information.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You must notify X by Gottex immediately of any breach of security or unauthorized use of your account.  X by Gottex will not be liable for any losses caused by any unauthorized use of your account.  X by Gottex reserves the right to refuse registration or terminate a user account at any time in its sole discretion.  You may also terminate or discontinue your own account at any time.
  1. COMMENTS AND UNSOLICITED SUBMISSIONS
We welcome your comments and feedback about the Website and our products.  In addition, in some places the Website enables users to post comments and product reviews that may be viewed by other users.  Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted to the Website or sent to us, whether through the Website, e-mail, facsimile, U.S. mail, or by other means, shall be and remain the exclusive property of X by Gottex.  Your submission of any such Comments shall constitute an irrevocable assignment to X by Gottex of any and all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments.  As such, X by Gottex (and its licensees, distributors, agents, representatives, and other authorized users) will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Comments that you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations, and/or other similar materials (“Unsolicited Submissions”). If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives, and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity.  If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission.  No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission.  Without limiting the foregoing, you hereby grant X by Gottex (and its licensees, distributors, agents, representatives, and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon, and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade, or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”).  You agree to the foregoing grant of rights, consents, agreements, and assignments whether or not your Unsolicited Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in this Agreement. You agree that any Unsolicited Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.  To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives, and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. The terms of the Submissions License shall govern our right to use all Unsolicited Submissions. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Unsolicited Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments, and waivers made by you with respect to Unsolicited Submissions submitted by you to us.
  1. LICENSE AND WEBSITE ACCESS
X by Gottex grants you a limited, revocable, and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of X by Gottex.  This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders, or similar data gathering and extraction tools. Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of X by Gottex.  You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of X by Gottex and its affiliates, licensors, or licensees without express written consent of X by Gottex.  You may not use meta tags or any other hidden text using X by Gottex’s name or trademarks without the express written consent of X by Gottex.  Any unauthorized use will immediately terminate the permission or license granted by X by Gottex. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of X by Gottex so long as the link does not portray X by Gottex or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by X by Gottex in its sole discretion.  You may not use any X by Gottex logo or other proprietary graphic or trademark as part of the link without express written permission of X by Gottex.  You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from X by Gottex.
  1. THIRD-PARTY AND CO-BRANDED WEBSITES
The Website may contain hyperlinks (“links”) to websites operated by persons or entities other than X by Gottex (“third-party Websites”) or to co-branded websites operated by a third party, including X by Gottex’s affiliates and licensees (“co-branded Websites”).  We provide such links for your reference and convenience only.  A link from the Website to a third-party or co-branded Website does not mean or imply that X by Gottex endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. X by Gottex explicitly disclaims any responsibility for the accuracy, completeness, or availability of information, content, and materials found on any third-party or co-branded Website.  X by Gottex does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website.  X by Gottex does not make any representations or warranties as to the security of any information, content, or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party.  You hereby irrevocably waive any claim against X by Gottex with respect to information, content, and materials contained on any third-party or co-branded Website, and any information, content, and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information).  You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Website.  We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. X BY GOTTEX IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
  1. YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from X by Gottex.  As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.  All information that you provide in connection with any interaction with the Website or any co-branded Website must be accurate, complete, and current. By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
  1. TERMINATION OR RESTRICTION
X by Gottex may terminate or restrict your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.  You may also terminate your use of the Website at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, and indemnity limitations, shall survive any such termination.
  1. RISK OF LOSS
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, X by Gottex.  Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when X by Gottex delivers these items to the carrier.
  1. PRODUCT INFORMATION
X by Gottex attempts to be accurate in describing its products and services on the Website.  We do not warrant that product and service descriptions or other content of this or any other Website are complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of our products that appear on the Website.  However, as the actual colors you see depend on your computer monitor and other factors beyond X by Gottex’s control, we cannot guarantee that your computer’s display of any color on the Website will be accurate. Some X by Gottex products displayed on the Website are available in select retail stores in the United States and select foreign markets while supplies last.  In some cases, merchandise displayed for sale at the Website may not be available in retail stores.  Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.
  1. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE WEBSITE IS PROVIDED BY X BY GOTTEX ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, X BY GOTTEX MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES, OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, X BY GOTTEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL X BY GOTTEX, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO X BY GOTTEX THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CERTAIN STATES OR JURISDICTIONS 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  1. APPLICABLE LAW AND DISPUTES
This Agreement, your rights and obligations, X by Gottex’s rights and obligations, and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in New York, New York, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in New York, New York United States of America, and you consent to exclusive jurisdiction and venue in such courts.
  1. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold X by Gottex, its licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement.  You shall use your best efforts to cooperate with X by Gottex in the defense of any claim.  X by Gottex reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  1. MISCELLANEOUS LEGAL PROVISIONS
X by Gottex may discontinue this Website at any time and for any reason, without notice.  X by Gottex may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and X by Gottex as a result of this Agreement or your use of the Website.  Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. X by Gottex’s failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement constitutes the entire and final agreement regarding the Website and its contents, and supersedes any prior or contemporaneous communications between you and X by Gottex regarding the Website and its contents. All rights not expressly granted herein are hereby reserved to X by Gottex.   Secure Shopping Guarantee XbyGottex.com uses the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. Secure Shopping Guarantee has been established for every transaction made with xbygottex.com.