TERMS & CONDITIONS OF USE
(Effective March 7, 2018)
4 Brother Apparel & Co., (“4 Brother Apparel”, “us,” “our,” or “we”) maintains its website and other online or mobile sites as a service to our customers and to inform you about our many offerings. By using or accessing the sites owned, controlled or sponsored by 4 Brother Apparel, including www.4 Brother Apparel.com, its mobile applications, and all other sites, mobile sites, services, applications, tools and platforms where these Terms and Conditions appear or are linked (collectively, the “Site”), you agree to these Terms and Conditions. 4 Brother Apparel may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as changed. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms and Conditions.
BY ACCESSING OR OTHERWISE USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
The full Terms and Conditions are set forth below. If you are looking for information on a specific topic, please click on the appropriate bookmark in this Table of Contents.
- Proprietary Rights/ Limited License
- Prohibited Uses and Activities
- Right to Limit/ Deny Access
- Third Party Links
- User Comments, Feedback and Other Submissions
- User Transactions
- DMCA Notice – Notice and Procedure for Making Claims of Copyright Infringement
- Merchandise Reserve in Store
- Colors and Styles
- Gift Cards
- Disclaimer of Warranties/ Limitation of Liability/ Indemnification
- Applicable Law/ Disputes/ Waiver of Right to Bring Class Action and Jury Trial
- Notice for California Residents
- Contact Us
Proprietary Rights/Limited License.
Unless otherwise noted, the Site, and all features and materials on the Site, including text, graphics, thumbnails, illustrations, images, photographs, video clips, and other content, and the copyrights, trademarks, trade dress, trade names and/or other intellectual property in such materials (collectively the “Contents”), are owned, licensed or otherwise controlled by 4 Brother Apparel. The compilation of the Contents included in or made available on the Site is the exclusive property of 4 Brother Apparel, and protected by copyright law. 4 Brother Apparel and its suppliers and licencors expressly reserve all intellectual property rights in the Contents. Please see the Trademarks page for more information about the trademarks of 4 Brother Apparel and its affiliates.
From time to time there may be information on the Site that is inaccurate or incomplete, or that contains typographical errors. 4 Brother Apparel reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (even after you have submitted your order).
4 Brother Apparel authorizes you to view the Contents on the Site, and to download and make a single copy of all or a portion of the Contents at your own risk and only for your PERSONAL NONCOMMERCIAL USE. You may not use the Site or any Contents for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You may not otherwise copy or download Contents, and may not modify, use or distribute the Contents, the Site, or any related software in any way unless you obtain the written permission of 4 Brother Apparel. In the event you download Contents as permitted under this Terms & Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the Contents. If you violate these Terms and Conditions, your permission to use the Contents terminates, and you agree to immediately destroy all copies of the Contents.
Prohibited Uses and Activities.
The Site may not be used (a) to transmit, distribute, store or destroy material, including without limitation the Contents, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject 4 Brother Apparel, its affiliates, or any of the users of the Site to liability.
You agree that you will not use the Site for any of the following: (a) providing 4 Brother Apparel with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Contents posted by 4 Brother Apparel or any other person or entity without authorization; (c) harvesting or collecting personally identifiable information about other users of the Site; (d) using the Site to defame, harass, stalk, threaten, or otherwise violate the legal rights of others, including privacy or publicity rights; (e) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site; (f) taking any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (g) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of the Site, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (h) using or attempting to use, without 4 Brother Apparel’s permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Men’s Wearhouse on this Site and other than generally commercially available third-party web browsers (e.g., Microsoft Internet Explorer, Google Chrome, FireFox); (i) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site; (j) aggregating, scraping, extracting, data mining, or duplicating in any manner any of the Contents or information available from the Site, except as otherwise expressly allowed by these Terms and Conditions; or (k) framing or linking to any of the Contents or information available from the Site without 4 Brother Apparel’s written permission.
You are prohibited from violating or attempting to violate the security of this Site, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service or functionality to any user of the Site, host or network, including without limitation, via means of submitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines or software code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or by any activity of overloading, “flooding,” “spamming,” “mailbombing” or “crashing” this Site or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services through this website or to other users of this Site; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting relating to this Site
Right to Limit / Deny Access.
4 Brother Apparel reserves the right to prohibit any user further access to its Site for violating these terms and conditions or any law. Men’s Wearhouse may take any action with respect to user-conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for 4 Brother Apparel, damage the 4 Brother Apparel’s image, cause harm to others, cause 4 Brother Apparel to lose (in whole or in part) the Site; or cause 4 Brother Apparel to lose (in whole or in part) the services of its ISPs or other suppliers.
Third Party Links.
4 Brother Apparel provides links to third party websites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by 4 Brother Apparel, and 4 Brother Apparel assumes no responsibility for the content of any sites linked to this Site. 4 Brother Apparel is further unable to inspect or confirm that the materials or information contained on the site that are linked to the Site are correct in every case.
User Comments, Feedback and Other Submissions.
4 Brother Apparel welcomes your feedback and comments regarding our products and services, as well as photos, videos and other content (collectively “User Submissions”), at various places in the Site, including third party sites where we post content or invite your feedback, such as www.facebook.com/4BrotherApparel and www.instagram.com/4BrotherApparel (“Social Media Platforms”). In addition to these Terms and Conditions, there are Guidelines that apply to your activities on our pages on such Social Media Platforms.
You may not use a false email address, impersonate any person or entity, or otherwise mislead 4 Brother Apparel or third parties as to the origin of the User Submissions. 4 Brother Apparel reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. 4 Brother Apparel takes no responsibility and assumes no liability for any User Submissions posted by you or any third party.
Please note that we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any User Submissions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.
Any communication or other material you send to the Site by e-mail or other means, including your questions, suggestions, ideas, proposals, or comments, is not confidential or proprietary, and 4 Brother Apparel has no obligation of confidentiality, express or implied, regarding such communications. 4 Brother Apparel may have something similar to those communications already in development or under consideration. 4 Brother Apparel may use or otherwise exploit such User Submissions with or without attribution, and you are not entitled to compensation, payment, or reimbursement of any kind from 4 Brother Apparel for such materials under any circumstances unless you are otherwise notified in writing by 4 Brother Apparel.
By sending User Submissions or any other communications to the Site, you grant 4 Brother Apparel a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, worldwide license to use, reproduce, modify, edit, distribute, perform and display any communication or other User Submissions you transmit to the Site (and the ideas contained in such material as well as the name submitted in connection with such materials, if we choose) for any purpose, anywhere, including without limitation reproducing, posting, broadcasting, or publicizing such material or using such material for marketing, advertising or other commercial purposes in any media.
Please refer to our User Generated Content Policy for further information and requirements on any content you submit to the Site.
If you wish to purchase any product or service made available through the Site (each such purchase a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to 4 Brother Apparel the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
4 Brother Apparel reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user for making or completing any or all Transactions; and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Colors and Style.
4 Brother Apparel attempts to display as accurately as possible the colors and styles of the products shown on the Site. However, 4 Brother Apparel cannot and does not guarantee that your monitor’s display of any color or style will be accurate.
Merchandise Reserve in Store.
Please note that we do our best to keep the availability information up to date, but it is not guaranteed to be accurate. The actual in-store price of an item may vary between stores and may be different from the online price for the same item.
All 4 Brother Apparel gift cards are issued by 4 Brother Apparel and are subject to the terms and conditions set forth with the cards.
Sharing your personal information
We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
4 Brothers Apparel
16960 Northwest 27th Ave
Miami Gardens, FL 33071