Terms of Service

Joseph Abboud Terms of Service

Effective Date: June 16 2025

IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW.

1. Introduction

Please review this page carefully. These Terms of Service (“Terms” or “Agreement”) constitute a legal contract between you and WHP Plus, LLC (owner of the Joseph Abboud® and associated intellectual property rights), its affiliated entities, and third-parties that own a part of and/or participate in the operation of this website (“Joseph Abboud,” “Company,” “we,” “us” or “our”) and govern your access to and use of the josephabboud.com website and its subdomains (collectively, the “Website” or “Site”), and all portals, products, goods, services, events, interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Sites, you agree to these Terms. These Terms form a contract between you and WHP Plus, LLC, and if you are using the Sites or Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site or the Services. Our Services are not intended for those under the age of 16 – if you access our Services, you represent and warrant that you are at least 16 years of age.

From time to time, Company may decide to modify, add, or delete portions of these Terms and will post those changes here. If Company does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Company reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. Company further reserves the right to suspend or terminate the Services for any reason or at any time.

2. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Site and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

3. Additional Terms and Conditions

In connection with your use of the Site and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Site or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.

4. Consent to Electronic Communications

By using the Site and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that Company sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at customercare@josephabboud.com.

5. Mobile Messaging and SMS Terms

You may receive notifications from Company directly to your mobile device via long codes (10DLC A2P), short codes, or Toll-Free numbers. Where required to do so, we have complied with applicable registration requirements. This type of messaging is used by Company to provide promotional and transactional information, including order status and updates, account information, abandoned cart information, and information on upcoming sales or promotions. To opt into these messages, you may complete a form on our website to receive information or check the applicable box to opt in in connection with orders you have placed online. You will receive a message to confirm your opt in to the SMS program. In addition, when you text JOIN to the provided number directly, you may also receive messages from us and will be provided with the opportunity to confirm or opt out of receipt of additional messages. Message frequency may vary (no more than approximately 7 messages per month) and message and data rates may apply. Carrier is not liable for delayed or undeliverable messages. By opting into this service, you consent to receive mobile text alerts using an automatic dialing system. By signing up, you confirm that you are over the age of 16. Please review our Privacy Policy for additional information on our data collection policies and procedures.

To opt out from SMS services, you can text “STOP” to the long or short code from the mobile device that received the message, or follow instructions received in the text or SMS message. You will be unsubscribed from the text program. You will receive one SMS that confirms that you have successfully opted out. After that, you will receive no additional messages until you opt in again. To get help at any time, you may email us at customercare@josephabboud.com. You may also text “HELP” to the number from which our messages originate to obtain additional assistance.

Supported carriers may vary, and may include: AT&T Mobility, Verizon Wireless, Sprint Corporation, T-Mobile, US Cellular, Virgin Mobile, Google Voice.

6. Third Party Websites

The Site may contain links to third party websites that take you outside of the Company websites and the Services (“Linked Sites”), including social media sites, e-commerce providers, retailers, payment processors, analytics providers, email services, or other service providers. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

7. Prohibited Conduct

You may not access or use, or attempt to access or use, the Site or the Services to take any action that could harm us or any third party, interfere with the operation of the Site or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of this Site in any way;
copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which this Site is based;
use this Site or Joseph Abboud IP to develop a competing service or product;
use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of this Site, servers, or networks connected to this Site or take any other action that interferes with any other person’s use of this Site;
decrypt, transfer, create Internet links to this Site, or “frame” or “mirror” this Site on any other server or wireless or Internet-based device;
use or merge this Site or any component thereof with other software, databases, or Site not provided or approved by us;
circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to this Site;
use this Site for unlawful purposes; develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with this Site;
use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on this Site for any reason;
access or attempt to access any other user’s account;
use any Joseph Abboud IP made available through this Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
introduce into this Site any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm this Site, or perform any such actions;
introduce into this Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person;
delete, modify, hack, or attempt to change or alter this Site, Joseph Abboud Content, or notices on this Site;
connect to or access any Joseph Abboud computer system or network other than this Site; or
impersonate any other person or entity to use or gain access to this Site.

Violating the security of the Site or the Services, including but not limited to taking any of the actions above, is prohibited and may result in criminal and civil liability. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in protecting users who violate this Agreement.

8. Accuracy of Content and Invitation to Offer

Joseph Abboud has taken care in the preparation of the content of the Sites, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, Joseph Abboud disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site, some of which may have been provided by the manufacturer of the product. Joseph Abboud shall not be liable to any person for any loss or damage which may arise from the use of any of the information or products contained in any of the materials on the Site.

All products/services and information displayed on the Site constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms as listed herein. Joseph Abboud reserves the right to accept or reject your offer in part or in full, including if quantities are limited, sold out, or otherwise unavailable in your area. Our acceptance of your order will take place upon shipping of the product(s) ordered. Note that shipping of all the product(s) ordered may or may not happen at the same time. No act or omission of Joseph Abboud prior to the actual shipping of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm shipping of your order.

9. Account Creation

To purchase products and/or to access and use certain areas of the Site or Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. Joseph Abboud will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.

10.Use of Account; Risk of Loss

Joseph Abboud reserves the right to refuse service, cancel product orders, terminate accounts, or remove or edit content, in its sole discretion. If you use an Joseph Abboud account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and the Services. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account. If you are a parent or legal guardian creating an account for a child in your legal care, be aware that you are fully responsible for the child’s use of the Site, including all financial charges and legal liability that he or she may incur.

11.Sweepstakes, Promotions, Surveys, Polls, Message Boards, and Offers

From time to time, we may offer sweepstakes, promotions, surveys and/or offers to you. Where applicable law requires it, we will provide official rules, jurisdictions, duration, eligibility requirements, and/or additional terms of the offer or programs. Any additional terms will be incorporated into these Terms of Service. We may use your Personal Information to enable you to voluntarily participate in these features in the Services.

12.Placing Orders for Products

This Section governs your purchase of products made available through this Site (each, a “Product”) and offered for sale directly from Joseph Abboud through our network of authorized retailers, partners, licensors and fulfillment centers (collectively, “Partners”). By placing an order for products through the Site, you warrant that you are legally capable of entering into binding contracts. Our goods and Services may not be available in all areas.

Your Information

If you wish to place an order for goods available on the Site, you may be asked to supply certain information relevant to your ordering, including your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order. We handle any transfer of your personal information in accordance with our Privacy Policy.

Please note that we may use third-party providers, such as Shopify, and others, for orders and delivery. When you order through these third parties, you will be subject to their respective terms of use and privacy policy. Please be sure to review those policies prior to making your purchase.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of goods. The goods available on our Site may occasionally be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the Site in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing Policy

Joseph Abboud reserves the right to revise its prices at any time prior to accepting an order.

The prices quoted online or in our stores may be revised by Joseph Abboud after accepting an order if events occur that affect delivery, such as those caused by government action, variation in customs duties, increased shipping or delivery charges, higher foreign exchange costs, and any other matter beyond the control of Joseph Abboud. In that event, you may have the right to cancel your order.

Payments

All goods purchased are subject to a one-time payment. Payment can be made through our third-party E-Commerce store hosted by Shopify, which may use payment processors like Square, Stripe, Apple Store In-App Payments, Google Play In-App Payments, PayPal or other payment processors for our online transactions.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

· Unavailability of Goods

· Errors in the description or prices for Goods

· Errors in your order, including incorrect address or payment information

We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Returns

Only items ordered/placed online through the Site will qualify for a return of any kind. Products that are damaged or defective are subject to a full refund minus shipping expense. To initiate a Product return, contact us here within 14 days of receiving the product. All products must be in their original packaging.

13.Shopping Rules and Provisions

Joseph Abboud reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Joseph Abboud also reserves the right, at our sole discretion, to prohibit sales to anyone as it may deem fit.

14.User Content

Unless specifically requested, Joseph Abboud does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email or forms made available on the Site). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“User Content”). Accordingly, if you send us any User Content, you grant Company a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the User Content in any media now known or hereinafter invented, including for commercial purposes. If you send Company any User Content, you also warrant that the User Content is not confidential or secret and that the User Content is owned entirely by you. If you send Company any User Content, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Company to use User Content as permitted by the license in this Section.

We may pull content from our users who share photos and videos on social media via direct message or by using our brand hashtags or tagging our social media accounts (collectively, “Photos”). You acknowledge and agree that the Photos may be used in our social media, emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

In addition to the rights applicable to any User Content, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any User Content (including comments or reviews) for any reason.

You agree not to provide User Content that:

· Infringes on the copyright, trademark, patent or other intellectual property right of any third party;

· Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;

· Violates a third party’s right to privacy or publicity;

· Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;

· Contains epithets or other language or material intended to intimidate or incite violence;

· Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;

· Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or

· Violates any applicable local, state, national or international law, or advocates illegal activity.

Since Joseph Abboud does not control the User Content, we do not guarantee the truthfulness, integrity, suitability, or quality of the User Content, and we do not endorse such User Content. We are not obligated to use your User Content and may delete, modify, reuse, move or remove any User Content at any time. We do not guarantee any confidentiality with respect to any User Content. Under no circumstances will Company be liable in any way for User Content made available through the Site or social media by you or any third party.

15.Intellectual Property

This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, Joseph Abboud or its third-party licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Joseph Abboud.

Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site unless and until Joseph Abboud gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Joseph Abboud name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Company prior written approval.

For permission to use Content from the Site or from marketing material authored and distributed by Joseph Abboud, you must request written permission in advance and provide full attribution. Permission should be requested by contacting customercare@josephabboud.com.

16.Claims of Infringement

Joseph Abboud respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Joseph Abboud will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Joseph Abboud will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Joseph Abboud’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

• Provide your mailing address, telephone number and, if available, email address.

• Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Provide your full legal name and your electronic or physical signature.

• Deliver this Notice, with all items completed, to Company Designated Copyright Agent:

New York, NY 10036

While Joseph Abboud considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

17.Indemnification

You agree to defend, indemnify, and hold harmless Joseph Abboud, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; (iii) any User Content you provide through the Site; (iv) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Site, or any other use of the Site or the Services using your computer, mobile device, or account credentials; and (v) your negligence or willful misconduct.

18.Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITENESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, JOSEPH ABBOUD DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19.Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL JOSEPH ABBOUD (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JOSEPH ABBOUD’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100.00 USD. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOSEPH ABBOUD DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

20.Release

If you have a dispute with us or with one or more users of the Site or the Services, you release Joseph Abboud (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

21.Termination

Joseph Abboud reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Site. Joseph Abboud also reserves the right, in its sole discretion, to cease providing the Site or Services at any time.

22.Severability

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

23.Applicable Law; Jurisdiction/Venue

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the United States and the State of New York, as applicable, without resort to any conflict of laws provisions. By using the Site, you waive any claims that may arise under the laws of other countries or territories, and you irrevocably submit and consent to the personal jurisdiction of New York County, New York, as set forth below in the Dispute Resolution section.

24.Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, the Privacy Policy), Joseph Abboud and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Joseph Abboud do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available on the AAA website at www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration, which will take place before a single arbitrator, may be conducted in person in New York County, New York, or through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and Joseph Abboud understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Joseph Abboud will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that Joseph Abboud is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Joseph Abboud understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in New York, New York, or any United States District Court located in New York County, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

25.General

You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Joseph Abboud may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and Joseph Abboud. Joseph Abboud does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Joseph Abboud’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. The following sections survive any termination or expiration of this Agreement: Prohibited Conduct; Use of Account; Risk of Loss; User Content; Intellectual Property; Indemnification; Disclaimers; Limitation of Liabilities; Release; Severability; Applicable Law; Jurisdiction; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

26.ADA Compliance Comments and Suggestions

We are committed to making the website’s content accessible for all. We use third-party software for web accessibility, which includes user-controlled settings for changing contrast and saturation, highlighting links, making text bigger, changing text spacing, pausing animations, hiding images, changing text fonts, and other settings. We hope these tools will make the content on our website more readily accessible to all users. We know that sometimes accessibility links or codes may get broken and/or not function properly. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the feature you feel is not fully accessible or give us a suggestion for improvement. We take all such feedback seriously and will consider it as we evaluate ways to accommodate all our customers.

27.Electronic Commercial Service Disclosure

Under California Civil Code Section 1789.3, California users of the Joseph Abboud E-commerce services are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of the service is listed below in our Contact Us section. We do not charge you for the use of our website. If you have a question or complaint regarding our Services, please contact us directly using the information below.

If we fail to resolve your complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.