Terms of Use and Privacy Conditions

Terms of Use and Disclaimer
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By using this Site, you agree to the following terms of use. If you do not agree to these terms, you may not use this Site. GetawayWear® Inc. reserves the right, at any time, to modify, alter, or update these Terms of Use. By accepting our terms of use, you agree to be bound by such modifications, alterations, or updates.

General
The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.

Copyright
The web Site design, text and graphics are Copyright 2010 by GetawayWear® Incorporated. All rights reserved.  Permission is granted to copy electronically and to print in hard copy portions of this web Site for the sole purpose of using this web Site as an informational or shopping resource.  Any other use of materials on this Web site is strictly prohibited.

Trademarks
GetawayWear® Inc.  All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. GetawayWear® Inc. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information and proofing of copy/art may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and Getaway Wear Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). 

Warranties, Disclaimers and Limitation of Liability
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is".  GetawayWear® Inc. does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.  In no event will GetawayWear® Inc. be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system failure, even if GetawayWear® Inc., or representatives thereof, are advised of the possibility of such damages, losses or expenses. 
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

This web Site is operated by GetawayWear® Inc. from its offices in Bedford, New Hampshire, USA. The law of the state of New Hampshire shall govern these terms and conditions, without reference to its choice of law rules. GetawayWear® Inc. makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.                      
Indemnity
You agree to defend, indemnify and hold GetawayWear® Inc., its officers, employees and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Site and the Service, your violation of this Agreement, or your violation of any rights of another.    

Use of this site constitutes acceptance of the Terms of Use. Copyright 2010 by GetawayWear® Incorporated. All rights reserved.
PRIVACY POLICY:
This privacy policy is intended for all users of GetawayWear® Inc. (getawaywear.com).
GetawayWear® Inc. is dedicated to respecting and protecting the privacy of our clients. All information you provide, such as E-mail addresses or any additional personal information on or through any forms found on our site, will be used solely to support your relationship with GetawayWear® Inc.. We strive to develop innovative methods to better serve our users. Our services are designed and operate with the protection of your privacy in mind. This Privacy Policy outlines the types of personal information we gather when you use GetawayWear® Inc.’s services, as well as some of the steps we take to safeguard it.

By visiting this web site you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our services.

This privacy policy addresses the following areas:
What personally identifiable information GetawayWear® Inc. collects.
What personally identifiable information third parties collect through the web site.
What organization collects the information.
How GetawayWear® Inc. uses the information.
With whom GetawayWear® Inc. may share user information.
What choices are available to users regarding collection, use and distribution of the information.
What types of security procedures are in place to protect the loss, misuse or alteration of information under the control of GetawayWear® Inc.

How users can correct any inaccuracies in the information.
If users have questions or concerns regarding this statement, they should contact GetawayWear® Inc. at info@getawaywear.com. Any violation of this privacy policy will lead to suspension of user privileges and permanent removal from access to this web site.

Information Collection
GetawayWear® Inc. is the sole owner of the information collected on our site. GetawayWear® Inc. collects and monitors information from our users at several different points on our web site.
Registration
In order to use the services offered on our web site, a user must first complete the registration form. During registration a user is required to disclose contact information (such as name and email address). If offered, it is optional for the user to disclose demographic information (such as income level and gender), and unique identifiers (such as a username). We do encourage full disclosure of these details in order for GetawayWear® Inc. to provide a more customized experience on our site.

While GetawayWear® Inc. exercises all due caution to protect your privacy, GetawayWear® Inc. will not be held responsible for parties who attempt to illegally access our web site and intercept or access transmissions or private communications. 
Unless described otherwise in this privacy policy, GetawayWear® Inc. will not sell any information. All information collected by GetawayWear® Inc. will be used solely by GetawayWear® Inc. to deliver targeted newsletters and advertisements.
Information Use - "Profiles"
GetawayWear® Inc. stores information collected through cookies, log files and/or third interests in your user profile. A profile is stored information that we keep on individual users detailing specific viewing preferences. Subsequently, this collected information is linked to users’ personally identifiable information,which provides directs pertinent marketing promotions to you and helps us improve site content for the user. Getaway Wear Inc. does not share your profile with other third parties, unless specifically mentioned elsewhere in this policy.
Cookies
A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. Cookies, if used, will be used on GetawayWear® Inc. to remember and recall login names, login information, previous purchases, potential purchases, as well as other items to help us better understand users’ needs. By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use GetawayWear® Inc.. The only drawback to this is that the user will be limited in some areas. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. For more details, see the above "Profile" section. We have no control over any third party that may also use cookies to store personal information. However, we do not provide this information to any third party.

Log Files
Like most standard web site servers we may use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, site administer, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Sharing
Legal Disclaimer
Though we exercise all due caution to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. This includes, but is not limited to, any defense to any claim in which GetawayWear® Inc. is a defendant, to assist in any investigations by law enforcement agencies, or violations of any GetawayWear® Inc. policy.
Aggregate Information (non-personally identifiable)
While GetawayWear® Inc. will not rent, sell or share your information in general, there are certain instances when your information may be used. GetawayWear® Inc. does share aggregated demographic information and in some cases your e-mail address with others. This is how your information will be shared:
If GetawayWear® Inc. merges with another company, this aggregate information will be shared with the merging company. These are the instances in which we will share users’ personal information: As agreed to at the various sections under GetawayWear® Inc.; GetawayWear® Inc. does not rent, sell, or share personal information about you with other people or nonaffiliated companies except under the following circumstances:

We have your consent.
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures.
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of GetawayWear® Inc. terms of use, or as otherwise required by law; We transfer or lease information about you if GetawayWear® Inc. is acquired by or merged with another company. In this event, GetawayWear® Inc. will notify you before information about you is transferred and becomes subject to a different privacy policy; we do not support any illegal use of your private information and will make every effort to stop such practices in order to protect your privacy.
Business Transitions: In the event GetawayWear® Inc.  goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via e-mail, as well as with a prominent notice on our Web site for at least 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Links
This web site may contain links to other sites. Please be aware that we, GetawayWear® Inc., are not responsible for the privacy practices of sites other than our own. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site. GetawayWear® Inc. may have co-branding and/or framing relations with other companies. In this case, you should be familiar with the privacy policies of both companies, since you may be subject to each of them.  GetawayWear® Inc. accepts no responsibility for the content, quality, or reliability of the sites accessible by hyperlinks from this Site.
Contacting GetawayWear® Inc.: If you have questions or concerns about the GetawayWear® Inc. guidelines, policies, procedures, you can contact us at info@getawaywear.com
Security:
Notification of Changes
If we decide to change our privacy policy, changes will be posted to this privacy statement, our homepage, and other places we deem conspicuous and appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. GetawayWear® Inc. will use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection, users will be notified via e-mail. Users will then be presented with a choice as to whether or not we become authorized to use their information in this different way. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users (who have opted to receive communications from GetawayWear® Inc.), notifying them of the changes in our privacy practices.

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