TERMS & CONDITIONS
By using our website ("Website") located at josbank.com, you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our Website. If the terms and conditions of this User Agreement are not acceptable to you, you should not use our Website.
The Website is owned and operated by Jos. A. Bank. All information, including without limitation text, graphics, software and all other materials including the HTML, XML, CGI and any other code and script in any format used to implement our Website ("Content"), are our property or the property of our licensors. You do not, by using our Website, acquire any ownership or other rights to any Content or other materials contained on or accessible through our Website.
LIMITED RIGHT TO USE
Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable and revocable license to view, print and download Content from our Website solely for your personal and noncommercial use solely for purposes of enabling you to purchase products or services offered through our Website. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through our Website.
COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to our Website are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of our Website, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on our Website does not constitute a waiver of any such rights. Other product and company names contained on the Website may be trademarks or service marks of their respective owners. Jos. A. Bank reserves all right, title and interest in and to its copyright and trademark rights.
Your right to use our Website is not transferable.
LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. WE, AND ANY OF OUR AFFILIATES MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO OUR WEBSITE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON OUR WEBSITE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH OUR WEBSITE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES. ALL SUCH CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US HARMLESS.
FROM TIME TO TIME, ACCESS TO OUR WEBSITE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR CONTROL, AND FURTHER THAT WE SHALL NOT HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OUR WEBSITE OR THE DELAY OR INABILITY TO USE OUR WEBSITE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Website, you agree that you will not use our Website for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use our Website in accordance with the terms and conditions of this User Agreement.
USE OF INFORMATION
LINKS TO OTHER WEBSITES
Our Website may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You agree to indemnify, defend and hold us, officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from your use of our Website.
No contract will exist as between you and us for the sale of any product or service unless and until we accept your purchase by email confirming your purchase, issue you a unique confirmation code and ship any applicable products to you. No action by Jos. A. Bank prior to shipment will constitute acceptance.
This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the Content or any products or services provided by or through our Website, and the subject matter of this User Agreement. You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of our Website. Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. Other terms and conditions may apply to your purchase of products or services offered on or through the Website.
This Online Privacy Statement regarding the privacy of the information you provide online covers the following main areas: Awareness, What We Collect, Information Sharing, Children’s Privacy, Privacy Rights of CA Residents, Access & Accuracy, Links to Third-Party Websites, Security, Contact Us, and Policy Changes.
WHAT WE COLLECT
When making a purchase:
When you make a purchase online or by phone through our customer support center, you may be asked for information such as your name, address, phone number, e-mail address, and other contact information, and credit card information. This information is used to provide the product or services you have requested, including to contact you for customer service and/or to bill you for your purchase.
Jos. A. Bank does not sell, exchange or make available to third parties, the email addresses or telephone numbers of customers.
If you supply us with your postal address when placing an online order, you may receive Jos. A. Bank catalogs. We may also provide your name and address to third party firms whose products you may find of interest. If you would prefer not to receive such mailings, please simply call 1-800-285-2265 or email firstname.lastname@example.org to let us know. You may receive one or two more mailings as they are printed well in advance.
Without limiting the foregoing, we may share the personal data you provide to us with our service providers; with our affiliated companies; in response to a request from law enforcement; to protect or defend other users or our company (including to enforce our terms or defend our legal rights); in response to suspected wrongdoing; or in connection with a partial or total sale of our corporate assets (including in bankruptcy).
Josbank.com is not intended to be used by any person under the age of eighteen. We do not knowingly collect any personal information from children (meaning those younger than thirteen years of age).
PRIVACY RIGHTS OF CALIFORNIA RESIDENTS
Companies that collect personally identifiable information from California residents and disclose such information to third parties for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having his or her information shared with third parties. We have elected the second option, and you may request that your personally identifiable information not be shared with third parties by sending your request, including your full name, email address and postal address, to: email email@example.com. California residents are also entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
ACCESS AND ACCURACY
To review or request changes to the personally identifiable information that Jos. A. Bank maintains about you, you can contact Jos. A. Bank at email email@example.com. To protect your privacy and security, we will ask for a password or take other reasonable steps to verify your identity before granting you access or enabling you to make corrections to your user account or travel reservations.
LINKS TO THIRD-PARTY WEBSITES
Jos. A. Bank has in place reasonable physical, electronic, and managerial procedures to safeguard and secure the personally identifiable information we collect online.