Terms of Use

By using this website, www.BlackLapel.com (the “Site”), you agree to the terms of use and privacy policy contained herein.  This website is owned and operated by Black Lapel Custom Clothiers, Inc. (“Black Lapel”).  Accessing the Site will constitute your acceptance of these terms of use. Please do not enter the Site if you do not agree to abide by these terms.

We reserve the right to change the nature of this relationship at any time and to revise these Terms of Use from time to time as we see fit.  As such, you should check these Terms of Use periodically. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms of Use constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. If you violate any of the terms of these Terms of Use you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the site.  Changes will not apply to any orders we have already accepted unless required by law.  

Content

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these terms and conditions; (b) with our prior written permission; or (c) the prior written permission from the third party that may own the trademark or copyright of information displayed on this website.

Trademarks

Black Lapel and other marks which may or may not be designated on this website by a "®"‚ "TM", “SM” or another similar designation are registered, pending or unregistered trademarks or service marks of Black Lapel in the United States and other countries.  Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Black Lapel.  Black Lapel’s trademarks and trade dress may not be used in connection with any product or service, without the permission of Black Lapel, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Black Lapel. All other trademarks not owned by us that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Black Lapel.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.  Black Lapel reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of this website, or any other systems or networks connected to the Site or to any Black Lapel server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Black Lapel, including any Black Lapel Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Black Lapel's systems or networks, or any systems or networks connected to the Site or to Black Lapel.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Black Lapel on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Black Lapel or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, the Flawless Fit Promise, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the specific terms for that portion of the website shall control with respect to your use of that portion of the Site or the specific service.

Black Lapel's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Black Lapel may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Black Lapel makes no commitment to update the materials on the Site with respect to such products and services.

Black Lapel reserves the right to make an additional charge or charges to your account based on violations of its Remakes policy.  The Remakes policy requires you to return the original item purchased within 30 days of the successful submission of a remake application.  Violations of the Remake policy can result in an additional charge for the remake item at its then current full retail value including any applicable taxes.  Failure on the part of Black Lapel to make any additional charges to your account does not release you from your responsibility to return the original item.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an Account (including setting up a Black Lapel username and password). In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Black Lapel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Black Lapel has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  You are entirely responsible for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Black Lapel immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Black Lapel or other third parties as a result of someone else using your Black Lapel username, password or account. 

You may not use anyone else's Black Lapel username, password or account at any time without the express permission and consent of the holder of that username, password or account. Black Lapel cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Black Lapel's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Black Lapel's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Black Lapel is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Black Lapel may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

(ii) Advertisements or solicitations of any kind.

(iii) Impersonate others or provide any kind of false information.

(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

(v) Messages by non-spokesperson employees of Black Lapel purporting to speak on behalf of Black Lapel or containing confidential information or expressing opinions concerning Black Lapel.

(vi) Messages that offer unauthorized downloads of any copyrighted or private information.

(vii) Multiple messages placed within individual folders by the same user restating the same point.

(viii) Chain letters of any kind.

(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using invitations from the Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

Links to Other Sites and to the Black Lapel Site

This Site may contain links to other independent third party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Black Lapel's control, and Black Lapel is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

The Site is provided on an "AS IS," "as available" basis. Black Lapel does not warrant that use of the Site will be uninterrupted or error-free. Black Lapel does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Black Lapel makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. Black Lapel specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Black Lapel or its associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk. Under no circumstances shall Black Lapel or its associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Black Lapel records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Black Lapel has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details. The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

Black Lapel reserves the right to do any of the following, at any time, without notice:

Modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;

Modify or change the Site, or any portion of the Site, and any applicable policies or terms; or

Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, Black Lapel disclaims all liability for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Black Lapel has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold Black Lapel, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Black Lapel by any third party due to or arising out of or in connection with your use of the Site, its Terms of Use, or your violation of any law or the rights of a third party.

Violation of These Terms of Use

Black Lapel may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with a violation of the terms of use.  Black Lapel also reserves the right at all times to disclose any information that Black Lapel deems necessary to comply with any applicable law, regulation, legal process or governmental request. Black Lapel also may disclose your information when Black Lapel determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Black Lapel may preserve any transmittal or communication by you with Black Lapel through the Site or any service offered on or through the Site, and may also disclose such data under the terms of use and the privacy policy. 

You agree that Black Lapel may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine, in our sole discretion, that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Black Lapel, for which monetary damages would be inadequate, and you consent to Black Lapel obtaining any injunctive or equitable relief that Black Lapel deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Black Lapel may have at law or in equity.

You agree that Black Lapel may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):

Requests by law enforcement or other government agencies,

A request by you (self-initiated account deletions),

Discontinuance or material modification of the Site or any service offered on or through the Site, and

Unexpected technical issues or problems.

If Black Lapel does take any legal action against you as a result of your violation of these Terms of Use, Black Lapel will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Black Lapel. You agree that Black Lapel will not be liable to you or to any third party for termination of your access to the Site.

Governing Law; Dispute Resolution

By accessing this website, you agree that New York law governs the terms of use, the privacy policy and any agreements entered herein.  By accessing this site you agree to be bound by the laws and jurisdiction of New York.  If you access the Site from anywhere other than the United States, you agree that New York law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and Black Lapel or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of New York.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Feedback and Information

Black Lapel does not claim ownership of any feedback or similar materials you make available through the Site. At Black Lapel’s sole discretion, such materials may be included in the Site in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Black Lapel a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this section.

Survival of Terms After Agreement Ends

Notwithstanding any other provisions of this Terms of Use, or any general legal principles to the contrary, any provision of this Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Use.