TERMS OF USE

These Terms of Use and our Privacy Policy (the “Privacy Policy” or the “Policy“) represent a legally binding agreement (the “Agreement“) between Hanesbrands Inc. (“Hanesbrands“) and you with respect to your use of the Hanesbrands websites located at www.championcanada.ca (collectively, the “Site“). We may also offer other services or websites (such as Hanes.com sites) that are governed by different terms of use or privacy policies, and this Agreement does not apply to any services or websites other than the Site. Your use of the Site is governed by this Agreement.

By accessing or otherwise using the Site, you:

DO NOT USE THE SITE IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

In this Agreement, the definition of the term “use” (including variations thereof) includes access, interaction, sending and receiving information, downloading and uploading, browsing, obtaining customer service and engaging in any other activity or using the features and functions of the Site, as a visitor or otherwise, including via mobile devices (including by accessing the Site through web browser software on a mobile device). We may refer to you as “user”, “you” or “your”; we may refer to Hanesbrands (including our subsidiaries, affiliates, brands, and operating units) as “we”, “us” or “our”; and we may sometimes use the term “third parties,” which, depending on context, may refer to our suppliers, operational service providers, co-sponsors, promotional partners, and others.

PERMITTED USE

Under this Agreement, we grant you a limited, revocable, non-transferable right to use the Site for your personal, noncommercial use. You obtain no other rights, interest, or claim to the Site or any aspect of the Site at all.

Your rights include the right to create a hypertext link that leads from another website or webpage with content, material or information (collectively, including, but not limited to, the content, material and information, the “link“) to our Site, so long as: (i) the link only incorporates text and not our or anyone else’s trademarks; (ii) you do not replicate the Site or any portion of it; (iii) the link does not suggest any affiliation with, representation of, or endorsement by, us or causes, or is likely in our judgment to cause, confusion among consumers; (iv) the link does not portray us, our products, or services in a false, misleading, derogatory, or offensive manner and does not adversely affect our goodwill and reputation; and (v) the link is not embedded into, or otherwise contained within, frames representing your website unless you have our separate permission to do so. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.

OWNERSHIP RIGHTS

The Site is proprietary to Hanesbrands, and Hanesbrands either owns or has the right to use all names, logos, brands, trade names, service, and trademarks that appear on the Site, as well as all of the icons, characters, artwork, designs, images, graphics, music, games, text, software, databases, and all copyrightable or otherwise legally protected elements of the Site including, without limitation, the selection, sequence and “look and feel” and arrangement of items (“Content“), and all programming, codes, scripts in any form and format associated with or applicable to the Site (“Code“). For purposes of this Agreement, all Content and Code are included within the meaning of the term “Site,” and the Site is protected by copyright, trademark, and other intellectual property laws. We require users to respect all laws and regulations that apply to our Site, just as we respect the rights of others. We will act expeditiously to remove content from the Site that we are notified infringes the copyright of others, and, without limiting our remedies or actions, we have the right to block and disable use of our Site by anyone who repeatedly infringes the rights of others or violates this Agreement. We take protection of our own rights and those of others very seriously, and we employ multiple measures to prevent infringement on our Site and to attempt to promptly end any infringement that comes to our attention.

THIRD-PARTY CONTENT AND WEBSITES

This Site may contain references, URLs, links, interactive functionality, and other material related to or associated with websites, content, information and/or material of third parties. Similarly, third-party websites, including social media platforms, may host and display our branded social media fan pages. We are not responsible for, nor do we assume any liability with respect to, the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any third-party website. Before enabling any sharing functions of the Site to communicate with a third-party website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions and practices of each such third-party website. The links and interactive functions for third-party websites included on the Site do not constitute an endorsement by Hanesbrands of such third-party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

ELECTRONIC COMMUNICATION

When you use the Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SUBMISSION OF IDEAS

Don’t send us any of your original ideas (each, an “Idea”). If you do, you are agreeing that your submission is entirely voluntary, non-confidential, gratuitous, and non-committal. We have no obligation to treat any Idea as confidential or proprietary and we have the right to use or disregard, in whole or in part, any Ideas. We will not be liable for the use of any Ideas nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Idea you submit. If you submit an Idea to us, we will have the right to use, exploit and do with the Idea as we determine, without notice or compensation, as if the Idea was original and proprietary to us, and you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, “moral” rights or other rights you may have in such material.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Information on our Site is available for convenience only, and even so-called “expert” Content or responses to questions are general in nature and are not a substitute for professional advice. You acknowledge that people answering questions on this Site, including those referred to as “experts,” have varying levels of expertise and may not have been certified as “experts” by us or anyone else. We have not and do not verify any credentials, capabilities or experience of individuals who may be identified as “experts” on the Site, and their statements or responses to user inquiries should be used only for informational purposes. Before you act on or rely upon any information on or from our Site, you should independently confirm any facts that are important to your decision and consult professionals chosen by you. IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY INFORMATION BEFORE ACTING ON, USING OR RELYING UPON IT.

We operate the Site from Canada and it is possible some downloads from the Site could be subject to government export controls or other restrictions. If you download anything from or otherwise use our Site, you represent you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside Canada and using our Site from territories in which such use or the Content available from such use is illegal, restricted or not permitted is expressly prohibited.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE IS AVAILABLE “AS IS,” AND “AS AVAILABLE.” YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. HANESBRANDS DOES NOT WARRANT THAT THE SITE, CONTENT, AND CODE INCLUDED ON, OR OTHERWISE MADE AVAILABLE THROUGH, THE SITE, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM HANESBRANDS ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, AND HANESBRANDS ASSUMES NO LIABILITY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE SITE, AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.

IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR THIRD PARTIES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, THE USE OF THE SITE OR OUR AGREEMENT WITH YOU CONCERNING THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

INDEMNIFICATION

You agree to indemnify and hold us and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Site, and/or any violation of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by us.

TERMINATION

These Terms of Use and the Privacy Policy constitute an agreement that is effective unless and until terminated by Hanesbrands. If, in Hanesbrands’ sole discretion, you fail to comply with any term or provision of this Agreement, we may deny you access to the Site. In the event of such a denial of access, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.

MISCELLANEOUS

If any provision of the Agreement is held invalid or unenforceable, it shall not affect the enforceability of the rest of the Agreement. If we fail to act or enforce any particular terms or conditions of this Agreement, it does not constitute a waiver and shall not limit our rights with respect to that or any other breaches. The Agreement, including any additional terms and conditions, shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law provisions. Any action or proceeding arising out of, or related to, this Agreement or your use of our Site must be brought in the courts of the Province of Ontario, and you consent to the exclusive personal jurisdiction of such courts. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with, this Agreement, or your use of the Site must be asserted individually. We have the right to obtain equitable relief from a court of competent jurisdiction, including, without limitation, injunctions, restraining orders, and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient. This Agreement is the entire agreement between you and us regarding the subject matter and supersedes any and all prior or inconsistent terms and conditions. This Agreement can only be modified in writing signed by an authorized representative of Hanesbrands Inc. The parties have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais. Both the English and French versions of this Agreement have equal legal value.

REVISIONS AND UPDATES

We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

In addition, we may, at any time and from time to time, revise or update this Agreement. We will post such revisions of, or updates to, this Agreement on the Site, and such revisions and updates will be effective as soon as we post them. If you do not wish to be bound by this Agreement (in its current form or as subsequently revised or amended), or if at any time you no longer agree with all the terms and conditions that apply to you, your sole remedy shall be to discontinue any further use of this Site.

Because you are always bound by this Agreement as it is in effect during any use of the Site, you should periodically review these Terms of Use and the Privacy Policy so you know the terms and conditions that apply to you. Your continued use of our Site means that you accept and fully agree to the terms and conditions of this Agreement.

QUESTIONS

Questions concerning the use of the Site should be directed to us, as follows:

P.O. Box 3013

Winston-Salem, NC 27102

When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) so that we may handle your request correctly.

 

PRIVACY POLICY

At Hanesbrands, we respect our customers and understand that you may have concerns about privacy, so we have instituted these privacy policies, which are intended to ensure that your Personal Information is handled safely and responsibly. This Privacy Policy (the “Privacy Policy” or the “Policy“) and the Terms of Use constitute a single Agreement that governs your use of the Site. We may also offer other services or websites (such as Hanes.com sites) that are governed by different terms of use and privacy policies, and this Policy does not apply to any services or websites other than the Site. Any capitalized term that is not defined in this Policy shall have the meaning given to it in the Terms of Use.

OVERVIEW

This Policy applies to information collected on the Site. This Policy does not apply to or govern our collection and use of information in connection with purchases made at our other websites (such as Hanes.com), our retail locations or through our mail order catalogs.

In general, the Policy explains:

We encourage you to refer to this Policy periodically so that you understand our current practices regarding information collected about you through your use (as defined in the Terms of Use) of the Site.

Your use of the Site means that you agree to the terms and conditions set forth in this Privacy Policy and the Terms of Use.

INFORMATION COLLECTION

We collect information from a variety of sources, including information provided by you, information we collect when you use the Site, and information about you that we receive from third-party sources, as described below:

Information You Provide. We may collect Personal Information from you when you use the Site. For example, you may provide such information when you search for a product, enroll in our e-mail program, participate in contests, or communicate with customer service, among other things. For purposes of this Privacy Policy, “Personal Information” means any information you provide to us on the Site that can personally identify you, such as your name, address, zip code, e-mail address, or telephone number.

Automatically Collected Information. We, and certain other third-parties, on our behalf, may use cookies, web beacons, Flash cookies (also known as local shared objects), and other technologies (collectively, “Cookies“) to receive and store certain types of information when you use the Site. This information may include the pages you visit on our Site, the web address from which you came, the type of browser/device/hardware you are using, search terms, and mobile geographic location, and it helps us recognize you, customize your website experience and make our marketing messages more relevant. Cookies may also be used in connection with our content appearing on other websites or mobile applications.

Information from Third Parties. We may also obtain Personal Information from third parties. For example, portions of the Site may include features or widgets from various social media platforms, such as Facebook, Google Plus, Twitter, Pinterest, Instagram, Tumblr and YouTube. These features use Cookies to collect information about your IP address and the pages on our Site that you have visited. Or, the store locator feature of the Site may, upon your request, obtain your geographic location through your browser. Your interactions with those features are governed by the terms of use and privacy policies of the companies that provide them.

Mobile Information. When you use the Site on a mobile device, we may receive information about your location and your mobile device itself, including your device’s unique identifier. We may use this information to provide you with location-based services and other services, such as advertising, search results, and other personalized content.

HOW WE USE INFORMATION

We may use the information we collect for a variety of reasons related to our operation and your use of the Site. We may combine information about you that we collect on-line, in our stores, via mobile applications, and from third-party sources. In addition, we may share information about you with third parties in certain circumstances.

Examples of specific ways in which Hanesbrands may use your Personal Information include, but are not limited to, responding to your requests (for example, to enroll in our e-mail program, to enter a contest, etc.); improving the content, appearance and utility of the Site; administering promotions and surveys; tracking our visitors’ use of the Site for internal research and marketing purposes; providing location-based services; and monitoring against theft and fraud.

How We Share Information with Third Parties. Hanesbrands respects your privacy and, accordingly, shares Personal Information with third parties in a limited number of circumstances:

From time to time, we may partner with other entities that will provide us with interest-based advertising (displayed on the Site or elsewhere on the Internet). Interest-based advertising uses information about you to provide relevant, targeted advertising likely to be of interest to you. Click here for additional information on interest-based advertising.

Remember that this Policy only applies to information collected through the Site. It is possible that our policies relating to information collected at our other websites (such as Hanes.com), our retail locations or through our mail order catalog may permit us to share Personal Information in different circumstances, even if that information has also been collected through the Site pursuant to this Policy.

MANAGING YOUR INFORMATION AND PREFERENCES

We want to communicate with you in the most effective manner, whether by sending you relevant marketing materials or by operating an intuitive and informative website. At the same time, we appreciate that your preferences regarding marketing, promotions, and online privacy will continue to evolve. This section provides you with information on how you can fine-tune your preference settings.

INFORMATION ABOUT CHILDREN UNDER 13

We recognize the particular importance of protecting the privacy of personal information where children are involved, and we do not knowingly collect personal information from children under the age of 13. If a child under the age of 13 has provided our website with personally identifiable information, we ask that such child’s parent or guardian call 1-800-363-0790 or contact us at canadelle.questions@hanes.com, and we will delete the information about the child from our files.

SECURITY AND PHISHING

We maintain reasonable administrative, technical and physical safeguards to protect your Personal Information. However, no website, database, or system is completely secure or “hacker proof.” As such, you are also responsible for taking reasonable steps to protect your Personal Information against unauthorized disclosure or misuse.

Phishing attacks attempt to steal consumers’ personal identity data. “Phishers” use “spoofed” e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging sensitive Personal Information. WE DO NOT SEND E-MAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION! If you receive such e-mail communication, please forward it immediately to the Site’s Privacy Administrator at [•], and then immediately delete the fraudulent e-mail from your computer.

REVISIONS AND UPDATES

We reserve the right to change this Policy, and any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.

QUESTIONS

Questions concerning the use of the Site should be directed to us, as follows:

P.O. Box 3013

Winston-Salem, NC 27102

When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) so that we may handle your request correctly.

The parties have agreed that this Policy and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais. Both the English and French versions of this Policy have equal legal value.

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