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TERMS OF USE

These Terms of Use together with our Privacy Policy Statement, (collectively, the "Terms of Use") represent the legally binding agreement between Hanesbrands Inc. ("Hanesbrands") and you in connection with your access to and use of this website, www.haneslocator.com (the "Site") which is owned by Hanesbrands and your use of other Internet sites on which these Terms of Use are posted. By using this Site, you expressly accept and agree to be bound by and abide by all the terms and conditions contained in these Terms of Use. Do not use the Site if you do not accept and agree to these terms and conditions. Unless otherwise provided herein, any reference to "Hanesbrands," "we," "us" and "our" shall mean and include Hanesbrands and its affiliates.

PERMITTED USE

The Site is available for your viewing, providing information to the Site, downloading product information or other materials made available for your commercial use as provided herein, and accessing any other features or functions made available to you on the Site and for no other purposes. Any use by you of the Site is governed by and must be in compliance with the terms and conditions set out in these Terms of Use and any additional terms applicable to features on the Site which you may utilize.

CHILDREN

We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personally identifiable 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 (800) 685-7557 or contact us at hbi_service@hanesbrands.com and we will delete the information about the child from our files.

OWNERSHIP; COPYRIGHT PROTECTION

Hanesbrands owns the Site. We own or have rights to all of the wallpaper, icons, characters, artwork, design, 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 and all trademarks, service marks and trade names ("Hanesbrands Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site ("Code"). The Hanesbrands Content and Code comprising the Site are protected by copyright and other intellectual property rights. Except for the uses permitted above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Hanesbrands Content from the Site without our prior written agreement. You may not use the Hanesbrands Content or Code for any purposes other than those set forth above. All names, logos and trademarks which appear on the Site are our property or are used by us under license. You may not use any of them for any purpose without our prior express written permission. Your failure to comply with these Terms of Use will constitute breach of contract, may violate our copyright, trademark and other proprietary and industrial property rights and may subject you to liability for damages. We require users to respect our copyrights, trademarks and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Site and to promptly end any infringement that might occur.

THIRD-PARTY CONTENT AND WEBSITES

In addition to the Hanesbrands Content, this Site may contain references, URLs or hyperlinks to other content or websites owned by third parties including, but not limited to music and games. The appearance, availability, or your use of references, URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Hanesbrands or any of its affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third-party content or websites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such content or website, whether Hanesbrands or any of its affiliates’ logo or sponsorship identification is use in connection with the third-party content or website as part of a co-branding or promotional arrangement. If any third party providing such content or operating such website obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy Statement, which describes how we collect and use your Personal Information and co-branding relationships.

NO LICENSE

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any proprietary or industrial right of Hanesbrands, its affiliates, or any third party.

PRICING, AVAILABILITY, ORDERING AND SHIPPING

We are not responsible for typographical errors regarding price or any other matter. You are solely responsible for any actions taken in reliance on any material or information contained in this Site. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Additionally, we reserve the right, at our sole discretion, to limit the quantity of items purchased. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for U.S. purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests for shipment to addresses outside the U.S. cannot be filled. Title and risk of loss for all products ordered by you shall pass to you on Hanesbrands' shipment to the shipping carrier.

POSTINGS; USE THEREOF

Please see our Privacy Policy Statement for information regarding our treatment of Personal Information which you submit to a non-public area of the Site. However, if we publish any Posting that you submit to us for potential publication, we may identify you as the source of such information by first name, last initial and city of residence or as otherwise indicated on the applicable submission pages.

Portions of the Site may provide you with the opportunity to submit, post, display, transmit and/or exchange ("Post") information, ideas, opinions, testimonials, questions, comments, messages, graphics, photographs, caricatures, likenesses, animation, spoken statements, music, audio, video, voice reproductions, computer graphics, visual effects or any other material, content or information posted by you (each, a "Posting"). If you submit a Posting to us for potential publication on the Site, you also agree to the terms and conditions relating to such activities that are contained on the applicable submission pages of the Site, if any. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, Post, email or otherwise make available via the Site. Postings do not reflect the views of Hanesbrands. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms of Use, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use.

If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize Hanesbrands to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of these Terms of Use (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that: (i) you have the right to grant us the right to use all such Postings as described above, and (ii) the Posting was produced in compliance with all applicable laws and regulations.

We are free to use, without financial or other obligation, any ideas, concepts, know-how or techniques contained in such Postings for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. If you respond to a Posting, it shall not be deemed confidential, although it will be subject to our Privacy Policy Statement regarding Personal Information submitted to a non-public area. We are not liable for any use or disclosure of a Posting.

You hereby release Hanesbrands from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you shall or may have in connection with your Postings including, without limitation, any and all liability for any use or nonuse of the your Posting, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Hanesbrands has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights in your Postings, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your Postings and the rights granted to Hanesbrands hereunder.

SUBMISSIONS OF IDEAS

The Posting of your own original idea ("Idea") to Hanesbrands is entirely voluntary, non-confidential, gratuitous, and non-committal. You understand that we may be working on the same or a similar idea, that we may already know of such Idea from other sources, that we may simply wish to develop this (or a similar idea) on its own or we may have taken/will take some other action. In return for our review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms set forth herein, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as we otherwise agree in writing:

1. The Idea represents your own original work. You have all necessary rights to disclose the Idea to us. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by our review and/or use of the Idea.

2. You understand that disclosure of your Idea to us does not establish a confidential relationship or obligate us to treat the Idea (or any related materials) as secret or confidential.

3. You understand that we have no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related ideas or ideas derived from your Idea. You understand that we assume no obligation with respect to any Idea unless and until we enter into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your Idea. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the U.S.

4. If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to us. To the extent you hold a patent in the Idea, we acknowledge that no license under any patent is herein granted to us. Any license to use a patented Idea shall be in the form of a written contract, in which event our obligations shall be only those expressed in such contract.

5. We will give your Idea such consideration as is warranted in our sole judgment. Hanesbrands' review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. Hanesbrands is not obligated to give reasons for rejecting your Idea or to reveal Hanesbrands' activities that are related to the subject matter of the submitted Idea.

6. Neither the discussion or negotiations between Hanesbrands and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice Hanesbrands in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, Hanesbrands consideration or its discussions or negotiations with you will not in any way impair Hanesbrands right to contest the validity or infringement of your rights.

7. You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of these Terms of Use, (b) the submission of your Idea to Hanesbrands is entirely voluntary, and (c) Hanesbrands, directly or indirectly, may (i) be working on the same Idea or a similar idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or a similar idea on its own.

8. You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Hanesbrands, you hereby irrevocably release and forever discharge Hanesbrands and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Hanesbrands and its affiliates and subsidiaries or their respective successors and assigns with respect to the Idea including, without limitation in respect of how Hanesbrands and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.

PUBLIC AREAS, REGISTRATION INFORMATION AND SECURITY

You may also have the opportunity by visiting public areas or sections of our Site to send electronic cards ("e-cards") and send-a-friend emails, or participate in certain activities (such as "clubs," "wish-lists," or "registries") by registering, and we may collect certain information in order to operate this Site, fulfill your requests, or enable participation in these activities. You agree that the information you provide to us when registering for such opportunities is accurate and does not contain inappropriate language or images or copyrighted material (without the written consent of the copyright owner) or encourage illegal activity.

You also acknowledge that any Postings you submit in a "public" area of our Site, such as the above-referenced sections or activities, and other areas or features that may allow members of the general public to view such submitted content on the Internet, may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and therefore you have no expectation of or right to privacy with regard to any such Posting. We have no obligation to monitor any Postings, particularly as to the content of e-cards and similar features where visitors have the option of creating a message. You acknowledge that such public areas and features offered therein are public and not private communications. We cannot guarantee the security of any information you disclose; you make such Postings and disclosures at your own risk. We are not responsible for any errors, omissions, or offensive material contained in any content posted in any public areas or any decisions made or actions taken or not taken based on such information or content.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Service should be sent ONLY to our Designated Agent.

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, BILLING QUESTIONS, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Service Provider(s): Hanesbrands Inc.

Designated Agent to Receive Notification of Claimed Infringement: DMCA Contact - Legal

Full Address of Designated Agent to Which Notification Should be Sent: 1000 Hanes Mill Road, Winston-Salem, NC 27105.

Telephone Number of Designated Agent: (800) 685-7557

E-mail Address of Designated Agent: dmca_contact@hanesbrands.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has (or have) been infringed;

(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our Site, including as applicable its URL, so that we can locate the material;

(5) Your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PROCEDURE FOR SENDING A COUNTERNOTICE IF YOUR POSTING WAS REMOVED IN RESPONSE TO A NOTICE OF INFRINGEMENT AND YOU BELIEVE THE POSTING IS NOT INFRINGING

As explained above, if we receive a notice of infringement sent to our Designated Agent with the information described above, we will remove or block access to the material that is claimed to be infringing. Hanesbrands may give notice telling the applicable user that the material was removed or access to it was blocked because of claimed infringement by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address.

If you are a user who posted material that was removed in response to a notice of infringement and you believe that the material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:

You must send the counternotice to our Designated Agent for receiving notices of infringement, whose name and contact information is provided above.

Your counternotice must be a written communication sent and must include the following information:

(1) A physical or electronic signature of the subscriber (you the user);

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the user (you) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(4) The user’s (your) name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the U.S., for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our Site, we will not replace the material. Otherwise, we may repost the material at our discretion. However, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counternotice expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO SUBSTANTIAL CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

REPEAT INFRINGER POLICY

We have a policy of terminating the accounts of "repeat infringers". A repeat infringer includes any user who has made three or more Postings for which we receive a notice of infringement. We specifically reserve the right to terminate any repeat infringer’s account with us and to take all necessary measures to ensure that such repeat infringer may not access the Site. Each user agrees that if his or her account is terminated pursuant to this repeat infringer policy or otherwise for violation of these Terms of Use, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this repeat infringer policy or otherwise for violation of these Terms of Use, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.

DISCLAIMERS

We publish information on this Site as a convenience to you and other visitors. The product information provided on this Site is for information purposes only. In particular, although we have made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings, and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Site at any time without notice. The Hanesbrands’ products described in this Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in our Site will be available for purchase in all jurisdictions.

Information contained on the Site, including "expert" responses to questions, is general in nature and is 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 have not been certified as "experts" by us. We have not undertaken to verify the credentials or abilities of any such people, and their responses to questions should be used for informational purposes only. Before you act on information that you have found on the Site, you should independently confirm any facts that are important to your decision. IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED IN THE SITE BEFORE RELYING UPON IT.

We operate the Site from the U.S. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and promise and represent that you are not subject to them. We make no representation that materials or services at this Site are appropriate or available for use outside the United States and accessing our Site from territories where its content is illegal or restricted is expressly prohibited.

We make no warranties of any kind regarding any third-party non-Hanesbrands sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-Hanesbrands sites. Unless otherwise agreed in writing, you are granted a limited, non-exclusive, revocable right to create hyperlinks to this Site, so long as: (a) the links only incorporate text, and do not use any of our trademarks, (b) you do not replicate Site content, (c) the links and related content on your site do not suggest any affiliation with Hanesbrands or cause confusion among consumers, (d) the links and related content on your site do not portray Hanesbrands or its products or services in a false, misleading, derogatory, or otherwise offensive manner, (e) the links and related content on your site are not operated for any commercial purposes, and (f) links to our sites are not embedded into or otherwise contained within frames representing your website.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED TO YOU "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 AND ALL INFORMATION, MATERIAL AND/OR CONTENT PROVIDED THEREON INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. WE HAVE NO DUTY TO UPDATE THE SITE OR MODIFY ITS HANESBRANDS CONTENT OR CODE, AND WE ARE NOT LIABLE FOR OUR FAILURE TO UPDATE SUCH INFORMATION.

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERUPTION, 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. IN NO EVENT WILL HANESBRANDS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF (A) ONE HUNDRED FIFTY DOLLARS (US$150.00) OR (B) THE TOTAL AMOUNT OF PURCHASES (INCLUDING TAXES AND SHIPPING AND HANDLING) FROM THE SITE IN THE PAST SIX (6) MONTH PERIOD IMMEDIATLEY PRECEDING THE OCCURENCE ON WHICH THE CLAIM IS BASED.

INDEMNIFICATION

You agree to indemnify, defend and hold Hanesbrands, or any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you, or public posting of your Postings.

Hanesbrands reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Hanesbrands in the defense of any such claim, action, settlement or compromise negotiations, as requested by Hanesbrands.

TERM; ACCESS; REVISIONS; PARTIAL INVALIDITY

These Terms of Use are effective until revised or terminated by Hanesbrands. You may terminate your acceptance of these Terms of Use for all periods after you discontinue any further use of this Site. Hanesbrands may also terminate these Terms of Use at any time and may do so immediately without notice. We reserve the right to deny you access to the Site or to revise the services and products described in the Site at any time without notice. Such revisions will be effective as soon as we make them. Upon any termination of these Terms of Use by either you or Hanesbrands, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any rights you give Hanesbrands prior to your cessation or termination of the use of the Site shall continue unaffected.

We may at any time revise these Terms of Use. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site. These Terms of Use are effective on and were last updated on September 19, 2008. Your continued use of this Site following the posting of changes to these Terms of Use will mean that you accept those changes.

QUESTIONS AND NOTICES

Questions concerning the use of the Site should be directed to hbi_service@hanesbrands.com. Notices shall be sent to Imagewear Database Group WebMaster, Hanesbrands Inc., P.O. Box 3019, Winston-Salem, NC 27102, or call (800) 438-2029 and, for you, to the address submitted by you or such other address as we reasonably determine is an appropriate address for you. When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) in order to be sure we handle your request correctly.

GENERAL

These Terms of Use created by your use of the Site represents the complete agreement between us and supersedes all prior agreements, understanding, and expectations, if any. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions of these Terms of Use deemed enforceable by applicable courts of law. You may be subject to additional terms and conditions that may apply when you use or purchase certain other Hanesbrands services or third-party services, content or software. In the event of any inconsistency between any additional terms and these Terms of Use, the additional terms shall govern as to their particular subject matter. The failure of Hanesbrands to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Hanesbrands' rights with respect to such breach or any subsequent breaches. These Terms of Use and any additional terms and conditions on the Site, shall be governed by and construed in accordance with North Carolina law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in a state or federal courts sitting in North Carolina, 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 these Terms of Use or your use of any part of the Site must be asserted individually. Notwithstanding anything to the contrary, Hanesbrands may seek equitable relief including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.