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BUSINESS ACCOUNT TERMS OF USE

Published on Mon, 02/01/2021 - 11:00
This document is also available in Chinese, Simplified
Last Updated: February 1, 2021

These LYCRA ONE™ Business Account Terms of Use (“Terms of Use”) are applicable in addition to the Website Terms of Use, available at the Website, and shall govern your access to and use of the Sourcing and Services Sections under the LYCRA ONE™ Portal, which is provided by The LYCRA Company LLC or any of its affiliates (“The LYCRA Company,” “us,” or “we’).

PRIOR TO ANY ACCESS OR USE OF THE SOURCING AND SERVICES SECTIONS, YOU MUST COMPLETE THE REGISTRATION PROCESS, OR BE ADDED BY YOUR COMPANY ADMINISTRATIVE USER. CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE SUBMITTING YOUR REGISTRATION INFORMATION OR ACCESSING THE SOURCING AND SERVICE SECTIONS.  BY SUBMITTING A REGISTRATION, YOU (I) REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THE INDIVIDUAL AND ENTITY IDENTIFIED ON THE REGISTRATION FORM (“COMPANY”) AND (II) ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS OF USE AND THE WEBSITE Terms of Use (which are incorporated herein by reference).

We reserve the right to update and make changes to these Terms of Use at any time by notice to users on the Website, in compliance with applicable laws. By using the Sourcing and Services Sections, you agree to be bound by any such changes and should periodically visit the Website to determine the most current Terms of Use to which you are bound.

Features and Changes on the Site.

We may from time to time make changes or make available additional features on the Sourcing and Service Sections. The additional features and any changes or updates to the existing Sourcing and Service Sections are subject to these Terms of Use and any other applicable terms and conditions associated with the features on the LYCRA ONE™ Portal. 

Who Can Register for an Account?

The Sourcing and Service Sections are available to professional users representing qualified businesses in the textile supply chain, including, professionals from fabric, seamless or legwear manufacturing, garment manufacturing, garment packaging, trade, apparel brands and apparel retailers.  Upon receipt of registration information, we will initiate the enrollment process. Registration is subject to the confirmation of The LYCRA Company. You acknowledge and agree that we reserve the right, at our discretion, to deny registration or refuse to activate an account, if your Company does not qualify for registration or has not fully completed the registration process. Each Company applying for registration shall determine an administrative user for the Company’s account who will have the ability and responsibility to create, modify and disable certain Company employees and/or representatives of its Company account as users (collectively, “Authorized Users”), and/or enter information and engage in communications on behalf of the Company. Administrative users can (i) change Company profile information displayed in the Sourcing Section; (ii) select and de-select qualified fabrics listed in the Sourcing Section; (iii) change descriptive information of the fabric listed in the Sourcing Section; (iv) receive messages from customers and reply to the messages on the LYCRA ONE™ Portal; and (v) request to unpublish the Company profile entirely from The LYCRA Company’s Website.

Your Account. You must provide current, complete and accurate information and must promptly update all information to keep your account(s) current, complete and accurate (such as changes in address, phone numbers, company information, e-mail, etc.); and you must promptly notify us if any information changes, including the authority of any administrative user or Authorized User to act on Company’s behalf. You are fully responsible for ensuring that all information provided from you or any of your Authorized Users, or other information posted under your account, is accurate and complete and properly maintained. You are responsible for maintaining the security and confidentiality of all user names and passwords that are created during the registration process and for all activities that occur under your Company account.  Access to and use of password-protected and secure areas of the Sourcing and Services Sections is restricted to Authorized Users only. We are not liable for any loss or damage arising from failure to comply with this provision. You acknowledge and agree that we have the right to suspend, disable or terminate your Company’s account at any time, in our sole discretion. 

Notices and Messages. You agree that we may provide notices and messages to you about the Sourcing and Services Sections in the following ways: (1) within the LYCRA ONE™ Portal, or (2) through the contact information you provided (e.g., email or physical address). You agree to keep your contact information up to date.

Terms of Use.

We will provide Company with access to the Sourcing and Services Sections and the ability to establish the Authorized Users with limited rights to access and use such sections under your account solely for internal business purposes and solely as permitted under each Authorized User’s applicable user profile. Company is fully responsible and liable for all activities, acts and omissions that occur under its account.  Company is responsible for ensuring that its Authorized Users maintain the security and confidentiality of their user names and passwords. Company agrees to immediately notify The LYCRA Company of any unauthorized use of the username and passwords of any of its Authorized Users or any other breach of security.

Upon successful registration of your Company’s account, you will be permitted to display your Company’s products which will be visible to others in the Sourcing Section.  You authorize The LYCRA Company to post your Company name and contact information on the Sourcing Section and to share this information with all other LYCRA ONE™ Portal users.  You acknowledge and agree that you may be contacted by other users of the Sourcing Section based on the contact information that you submit. 

Your ContentIf your account allows Company to display or post comments, text, images, photos, or other content (“Your Content”), directly or indirectly, on or through the Sourcing Section, you grant to The LYCRA Company its parent and affiliate entities, and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide license and right to use, modify, reproduce, publicly perform, publicly display, distribute and create derivative works based upon Your Content as we deem necessary for operation in the Sourcing Section, without the need for any prior written approval, acknowledgment or compensation. You acknowledge that we have not promised you any compensation for Your Content or use of Your Content. You agree that we are not required to submit to you any materials that include Your Content for review or approval prior to posting Your Content in the Website or otherwise, and you hereby waive any right to inspect or approve those materials.

By submitting Your Content, you agree to abide by the Acceptable Use Policy (referenced below).  You are fully responsible and liable for the content that you publish or provide to the Sourcing Section or that you transmit to other parties using such section.  If you become aware that any information you post on the LYCRA ONE™ Portal, or provide to other users of the Sourcing Section, is inaccurate, misleading or false, it is your responsibility to promptly correct such content and notify The LYCRA Company. You acknowledge that as part of the Sourcing Section, Your Content may be viewed, accessed, printed, and downloaded by others, and, therefore, you have no expectation of privacy or confidentiality with respect to your name, Company contact information, and Your Content.  You represent and warrant that Your Content is your own original work, or you are authorized to publish and use such content, and it does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity. 

You acknowledge that it may be possible for third parties to access, view, copy, and distribute the content and information provided to the Sourcing Section. If you desire to maintain certain content or information as confidential, secure, or proprietary, that information or documentation should be exchanged directly between entities outside of the Sourcing Section. 

We may delete Your Content after two (2) inactive years or upon termination of your account. Your Content may become inaccessible or deleted for other reasons and you should not rely on the Website for storage or archival of Your Content.  As a result, we suggest you create back-up copies of Your Content.

Disputes Regarding Content.  The LYCRA Company is not liable or responsible for content or information provided or approved by third parties, including, without limitation, Your Content, or for actions taken by users in reliance on that content.  We do not guaranty the price, terms, product, availability or services offered by any users of the Sourcing Section.  You acknowledge and agree to release The LYCRA Company (and its members, officers, directors, agents, subsidiaries, affiliates, employees, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with those disputes. 

Product, Service and Technical Information on the Sourcing Section.  The products and services depicted on the Sourcing Section are provided through third party manufacturers, distributors, vendors and contractors. The LYCRA Company has made a conscientious effort, based on the information we receive, to accurately display and describe the products, services and related specifications available on the Portal.  All Sourcing Section users displaying data and information should make the same conscientious effort. WE DO NOT GUARANTEE THAT THE PRODUCT IMAGES, SERVICES OR SPECIFICATIONS DISPLAYED ON THE SOURCING SECTION ARE OR WILL REMAIN ACCURATE. WE DO NOT CERTIFY, ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THIRD PARTY PROVIDERS OR THEIR PRODUCT OR SERVICE OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS AS TO THE QUALITY, RELIABILITY OR PERFORMANCE OF THEIR PRODUCTS OR SERVICES.  The technical information, recommendations and other information made available on the Sourcing Section, including recommendations regarding product selections, are not substitutes for consultation with the vendors and providers familiar with your Company’s particular needs and circumstances.  The display of a product or service on the Sourcing Section does not mean the product or service is, or will be, available

Messaging Features and Comments. 

Content published or posted by users is solely the opinion and responsibility of the user posting the content.  The LYCRA Company does not endorse and has no control over the content posted by users on the Sourcing Section, including messaging features.  We do not review content submitted by users and that content does not necessarily reflect the opinions or policies of The LYCRA Company.  You acknowledge we only act as a passive conduit for the distribution of content and messaging provided by users and are not responsible or liable for any of the content, communications and other materials generated by you or any other users.  You agree to abide by the terms of the Acceptable Use Policy in connection with any use of the messaging or related features on the Portal.

We reserve the right, but have no obligation, to reject, refuse to post or remove any posting or content (including messages and comments posted to the Sourcing Section) to suspend, prohibit or terminate user accounts accessing the Sourcing Section, and to take legal action to disable access of users creating possible liabilities or acting inconsistently with the letter or spirit of these Terms of Use or our policies. Our decision to reject, refuse to post or remove content (including messages or comments) posted by users or to terminate accounts or user access is final.

The LYCRA Company reserves the right to delete or remove any content it determines to be inappropriate.  The LYCRA Company reserves the right to: (i) delete information that, under The LYCRA Company’s opinion, may be incorrect, obsolete, offensive or harmful to The LYCRA Company or any third party; and (ii) delete an overall account and Company profile that is not updated as requested by The LYCRA Company. 

Acceptable Use Policy (“Dos and Don’ts”). 

Without limiting the terms otherwise provided in the Site Terms of Use, the following is a list of what we expect you will and will not do on the Sourcing and Services Sections:

Dos.  You agree that you will:

  • Comply with applicable law and regulatory requirements.

  • Provide accurate and truthful information.

  • Conduct yourself in a professional manner.

Don’ts.  You and your Authorized Users agree that you will not:

  • Provide false or misleading content or registration information, use the account, user ID, password, or personal information of another user or disclose your or another user’s account information to others.

  • Post or exchange any information with other users that involve pricing, specific supply terms, or information that would violate competition laws.  Any communications with other users or business entities regarding specific business or sourcing engagements should be handled outside of the Website.

  • Transmit any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in the Sourcing Section.

  • Violate the intellectual property rights of The LYCRA Company or any third party(s), including any other entities in textile supply chain, including, without limitation, (i) copying or distributing The LYCRA Company’s case studies, videos or other materials;  (ii) copying or distributing our technology; or (iii) using the word “LYCRA”, The LYCRA Company’s trademarks, logos, hangtags, or third party trademarks or logos without prior written consent of The LYCRA Company or the third-party owner of the trademark or logo.

  • Use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Sourcing and Services Sections or its content.

  • Copy, use, disclose or distribute any information obtained from the Sourcing Section, whether directly or through third parties (such as search engines), without the consent of The LYCRA Company.

  • Disclose information that you do not have the consent to disclose (such as confidential information of others and your Company).

  • Modify the content, programs or other materials on the Sourcing and Services Sections or hack into or access The LYCRA Company servers or the Website.  Do not override any security feature, bypass or circumvent any access controls, or use limits of the Sourcing and Services Sections (such as caps on keyword searches or profile views).

  • “Frame” or “mirror” or deep link to any part of the Sourcing and Services Sections.

  • Impersonate another person, user or a The LYCRA Company staff, employee, or representative to imply that any statements you make, any content or services you provide, are endorsed or approved by The LYCRA Company.

  • Take actions to interrupt, interfere with or obstruct, or limit the functionality of, the Sourcing Section, The LYCRA Company’s services or any software, hardware or equipment.

  • Post anything that contains software viruses, worms, or any other harmful code.

  • Use the Sourcing and Services Sections in a manner inconsistent with applicable laws and regulations in your jurisdiction.

Monitoring.  

The LYCRA Company has the right, but no obligation, to monitor content on the Sourcing and Services Sections provided by users to (i) determine compliance with the Terms of Use and other operating rules established by The LYCRA Company, and (ii) comply with all applicable laws, regulations, and/or authorized government requests.

Termination and Access Restriction. 

We reserve the right, in our sole discretion, to terminate or refuse access to any, or all, of the LYCRA ONE™ Portal; any related services; or suspend/disable your account at any time, without notice and for any reason.  We also reserve the right to modify, terminate or withdraw access to the LYCRA ONE™ Portal, or any content on the Sourcing and Services Sections, at any time without notice.  Upon termination of your Company’s account for any reason, access to the LYCRA ONE™ Portal, or any account under your Company profile, will discontinue.

DISCLAIMER OF WARRANTIES.

THE SOURCING AND SERVICES SECTIONS AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE LYCRA COMPANY, AND its affiliates, subsidiaries, designees AND each of their respective officers, directors, employees, agents, third–party content providers, contractors, distributors, licensors AND the like (collectively, “NETWORK PARTIES”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. THE LYCRA COMPANY MAKES NO WARRANTY THAT THE LYCRA ONE™ PORTAL OR SOURCING AND SERVICES SECTIONS WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE.  THE LYCRA COMPANY MAKES NO REPRESENTATION, WARRANTY OR COVENANT AND DOES NOT GUARANTEE ANY SPECIFIC NUMBER OF PROSPECTS, SALES LEADS, OR SALES GENERATION, OR THAT YOU WILL DERIVE INCOME THROUGH PARTICIPATION IN THE LYCRA ONE™ PORTAL.

EXCLUSION OF LIABILITY. 

USE OF THE LYCRA ONE™ PORTAL IS AT YOUR OWN RISK. IN NO EVENT WILL THE LYCRA COMPANY OR ANY NETWORK PARTIES BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE LYCRA ONE™ PORTAL, DOWNLOAD OF ANY CONTENT, OR ACCESS TO ANY LINKED SITE.  NEITHER THE LYCRA COMPANY NOR ANY NETWORK PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LYCRA ONE™ PORTAL, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE LYCRA ONE™ PORTAL OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, therefore, a portion of the above exclusions may not apply to your Company.  If you are dissatisfied with any portion of the LYCRA ONE™ Portal, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue participation and the use of the LYCRA ONE™ Portal and to terminate your account.

INDEMNIFICATION.

Company agrees to indemnify, defend and hold harmless The LYCRA Company and the Network Parties from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to: (i) any breach by Company or any Authorized Users of these Terms of Use; (ii) Your Content, or use thereof, by The LYCRA Company, any Network Parties, or users as provided herein, (iii) any claims, actions or proceedings for libel, slander, invasion of privacy, rights of privacy and publicity, unfair competition, unfair or improper trade practices, or other wrongful business conduct arising out of any acts or omissions by Company; or (iv) any of Company’s products, services or activities (including sales and marketing/advertising activities).

Disclaimer of Agency

By registering for an account or using the LYCRA ONE™ Portal, Company acknowledges and agrees that there is no fiduciary or agency relationship between Company and The LYCRA Company, its principals, officers, directors, employees, representatives and affiliates.  The LYCRA Company has no legal or fiduciary duty to verify or determine the accuracy of any information provided through the Sourcing Section.  We are not an agent or broker for any party accessing or using the Sourcing Section.

Contact Us. 

If you have a specific question on which you require assistance, please contact us using the details provided through the Help Center.

General.

Capitalized terms used in these Terms of Use and not otherwise herein defined shall have the meaning ascribed to them in the Site Terms of Use. To the extent that any direct or implied conflict exists between these Terms of Use and the Site Terms of Use, these Terms of Use shall prevail.