Terms and Conditions of Use
TERMS & CONDITIONS OF USE
(Effective February 14, 2014)
The Men's Wearhouse, Inc. ("Men's Wearhouse," “us,” “our,” or “we”) maintains its site ("Site") and its mobile applications (“App”) to inform you about its many offerings. In using our Site/App, you agree to these Terms and Conditions. Men's Wearhouse 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. BY USING THE SITE/APP, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE/APP.
Proprietary Rights. You acknowledge and agree that Men’s Wearhouse or its affiliates own all legal right, title and interest in and to the text, graphics, thumbnails, images and all other materials ("Materials") on this Site/App are copyrights, trademarks, trade names or other intellectual property owned, licensed or otherwise controlled by Men's Wearhouse. Men's Wearhouse authorizes you to view the Materials on this Site/App, and to download and make a single copy of all or a portion of the Materials only for your personal noncommercial use. You may not otherwise copy or download Materials, and may not modify, use or distribute the Materials, this Site/App or any related software in any way unless you obtain the written permission of Men's Wearhouse. In the event you download Materials as permitted under this Terms & Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the Materials. If you violate these Terms and Conditions, your permission to use the Materials terminates, and you agree to immediately destroy all copies of the Materials.
Limited License. You may access and view the content on the Site/App on your computer or other device, and make single copies or prints of the content on the Site/App at your own risk and for your personal, non-commercial and internal use only. Use of the Site/App and the services offered on or through the Site/App, are only for your personal, non-commercial use. You may not use the Site/App, or any Materials 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.
Prohibited Uses. This Site/App may not be used (a) to transmit, distribute, store or destroy material, including without limitation Site/App content, 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. This Site/App may not be used for any illegal purpose or in any manner that would subject Men's Wearhouse, its affiliates, or any of the users of the Site/App to liability.
You agree that you will not use this Site for any of the following: (a) providing Men's Wearhouse with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Site/App content posted by Men's Wearhouse or any other person or entity without authorization; (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site/App or any activity conducted on this Site/App; (d) taking any action which imposes an unreasonable or disproportionately large load on this Site/App's infrastructure; (e) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of this Site/App, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (f) using or attempting to use, without Men's Wearhouse'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/App other than the search engine and search agents available from Men's Wearhouse on this Site/App and other than generally commercially available third-party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (g) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site/App; (h) aggregating, copying or duplicating in any manner any of the Site/App content or information available from this Site/App, except as otherwise expressly allowed by these terms and conditions; or (i) framing or linking to any of the Site/App content or information available from this Site/App without Men's Wearhouse's permission. When providing Men's Wearhouse with feedback or other information, you agree to do so in a manner that does not infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy, publicity or other personal rights of others.
You are prohibited from violating or attempting to violate the security of this Site/App, 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 to any user of this Site/App, 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/App 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/App; 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/App.
Right to Limit / Deny Access. Men's Wearhouse reserves the right to prohibit any user further access to its Site/App 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 Men's Wearhouse, damage the Men's Wearhouse's image, cause harm to others, cause Men’s Wearhouse to lose (in whole or in part) its Site/App; or cause Men's Wearhouse to lose (in whole or in part) the services of its ISPs or other suppliers.
Third Party Links. Men's Wearhouse provides links to third party websites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by Men's Wearhouse, and Men's Wearhouse assumes no responsibility for the content of any sites linked to this Site. Men's Wearhouse is further unable to inspect or confirm that the Materials contained on the site that are linked to this page are correct in every case. From time to time there may be information on the Site/App that is inaccurate or incomplete, or that contains typographical errors. Men's Wearhouse may change information on the Site/App at any time without prior notice.
Limitation of Liability / Indemnification. Men's Wearhouse wants you to browse this Site/App freely. However, you do so at your own risk. Men's Wearhouse has no liability or responsibility to users of this Site/App for the activity of other users. You further acknowledge and agree that Men's Wearhouse is not responsible or liable for damages of any kind (including but not limited to direct, indirect, incidental, consequential or punitive) related to your use of the Site/App. You agree to defend, indemnify, and hold Men's Wearhouse harmless from and against any and all claims, damages, costs and expenses, including without limitation, attorneys' fees, arising from or related in any manner to your use of the Site/App or any of the Materials.
Men's Wearhouse makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials by certain persons in certain countries may not be legally allowed. If you access the Materials outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Men's Wearhouse provides the information on the Site/App on an "as-is" basis, without any warranties of any nature. Men's Wearhouse disclaims all express and implied warranties, including merchantability, non-infringement and fitness for a particular purpose. In no event will Men's Wearhouse be liable for any loss of profits, business, use or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. Men's Wearhouse may make changes to the Materials and the product information and prices at any time without notice and without obligation to update the Materials. YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE/APP.
Submissions. Men's Wearhouse welcomes your feedback at various places in the Site/App. You agree that when submitting feedback, you will not violate the rights of third parties, including without limitation, privacy, proprietary or intellectual property rights, and you will not submit libelous, obscene, abusive, or otherwise illegal materials.
Any communication or other material you send to the Site/App by e-mail or other means, including your questions or comments, is considered non-confidential. By sending communications to this Site/App, you grant Men's Wearhouse a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, edit, distribute, perform and display any communication or other materials you transmit to the Site/App (and the ideas contained in such material) for any purpose, anywhere, including without limitation reproducing, posting or publicizing such material or using such material for marketing purposes.
This Site/App, including, but not limited to, these Terms & Conditions of Use and the Site/App's Privacy and Security Policy shall be construed and enforced in accordance with the laws of the State of California. Venue for any dispute regarding anything contained within and/or resulting from access to this Site/App shall lie exclusively the courts of the County of Alameda, California.