Sizes Web Site
Conditions of Use

The Sizes Web site (the “Site”) is a service provided by Sizes, Inc. to you, subject to your agreeing to the following terms of use (the “Terms”). Read the Terms before using this Site. By using this Site, you signify your assent to the Terms. If you do not agree to these Terms, disconnect from and do not use this Site.

Sizes, Inc. may modify the Terms from time to time, and such modifications shall be effective immediately upon posting of the modified Terms on the Site. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.

This version of the Terms is dated: 30 May 2000.

  1. The Site and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Sizes, Inc. disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Sizes, Inc. does not warrant that the Site will operate or perform in a manner that is uninterrupted or error-free, or that the Site or host server will be maintained free of viruses or other harmful code. Sizes, Inc. makes no warranties that the information presented in the Site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the foregoing may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
  2. Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will Sizes, Inc. be liable to you or any other party for an indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of the character, including without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the Site.
  3. The Site is presented by Sizes, Inc. from within the United States of America, and Sizes, Inc. makes no representation that materials in the Site are appropriate or available for use in locations outside the United States. Neither the Site, nor any underlying information or technology may be downloaded or otherwise exported or reexported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Site, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may affect your right to use the Site.
  4. You grant to Sizes, Inc. a non-exclusive, royalty-free, worldwide, perpetual license to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Site, or submit by email or other means of transmission, and you grant to Sizes, Inc. the right to identify you as the source of such materials or information, unless you have specifically requested in a written notice to us not to be identified as the source.
  5. This agreement shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between you and Sizes, Inc. for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a state or federal court of competent jurisdiction sitting in California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not effect the validity and enforceability of any remaining provisions.  This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
  6. This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Sizes, Inc. if in Sizes, Inc.'s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise.