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
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.
- 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.
- 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
- 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.
- 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
- 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.
- 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.