Terms And Conditions Of Use

Last Updated: November 10, 2022

These Terms of Use apply to your access to and use of the website https://www.brooksbrothers.com (the “Site”), provided by BB OpCo LLC and its parents and affiliates (collectively, “Brooks Brothers”, “we”, “our”, or “us”). We may change, update, delete or add to these terms over time. To the extent permitted by applicable law, by accessing and using any of the Site, you agree to these Terms of Use, all policies within the Site (including our return policy), and all changes or modifications to the foregoing (collectively, the “Agreement”). If you do not agree to these Terms of Use, such policies, or any modifications thereto, please do not use the Site.

PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THE AGREEMENT INCLUDES A CLASS ACTION WAIVER. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Privacy Policy Statement

Your submission of personal information to the Site is governed by our privacy policy (the “Privacy Policy”), which can be reached by clicking here. We respect the privacy of our customers and encourage you to read our Privacy Policy so that you may make an informed decision about using our Site. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Site Contents

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, patents, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Brooks Brothers and/or its licensors.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted below), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

You are granted a limited, non-sublicensable right to access the Site and print the Contents for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:

Publish, publicly perform or display, or distribute to any third party any Contents, including reproduction on any computer network or broadcast or publications media.
Market, sell or make commercial use of the Site or any Contents.
Systematically collect and use any data or content, including the use of any data spiders, robots, or similar data gathering, mining or extraction methods.
Make derivative uses of the Site or the Contents; or
Use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Brooks Brothers or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use and may violate applicable law, including copyright laws, trademark laws (including trade dress), patent laws and communications regulations and statutes.

Any other use of the Contents on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Brooks Brothers, is expressly prohibited. Brooks Brothers reserves the right in its sole discretion to refuse or cancel any person's registration for this Site, remove any person from this Site or prohibit any person from accessing or using this Site for any reason whatsoever and without notice. Brooks Brothers or its content providers retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Brooks Brothers’ sole discretion. Brooks Brothers neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Brooks Brothers.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. If you are terminated from using this Site, you will be personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Brooks Brothers may be entitled, at law or in equity.

Unless otherwise specified, the Site and the Contents are intended to promote Brooks Brothers’ products and services available in the United States. The Site is controlled and operated by Brooks Brothers from its offices in New York, New York and Enfield, Connecticut. One or more patents may apply to the Site.

Trademarks

This Site and all content on this Site, including but not limited to text, design, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the exclusive property of Brooks Brothers or its content suppliers and is protected by United States and international copyright laws. In addition, all trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Brooks Brothers’ licensor. All of these trademarks, logos and service marks are the property of Brooks Brothers’ licensor. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without our prior written permission, except as otherwise described herein. Brooks Brothers reserves all rights not expressly granted in and to the Site and its content.

Notice and Procedure for Making Claims of Copyright Infringement

Brooks Brothers respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at 11 Penn Plaza, 6th Floor, New York, NY 10001, Attn: Legal Dept. Your correspondence should include the following information so that we may investigate your claim:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description where the material that you claim is infringing is located on the Site
Your mailing address, telephone number, and email address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement on the Site, Brooks Brothers can be reached at [email protected]

For clarity, only Digital Millennium Copyright Act (“DMCA”) notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement. We suggest that you consult your legal counsel before filing a claim.

Please note that this procedure is exclusively for notifying Brooks Brothers and its parents and affiliates that your copyrighted material has been infringed.

Your account

Some features that may be available on this Site require registration or use of a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for any and all statements made, and all acts and omissions that occur through the use of your account or password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Brooks Brothers immediately. Brooks Brothers may assume that any communications we receive under your password have been made by you unless we receive notice stating otherwise.

Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN ANY FORM OF A CLASS OR REPRESENTATIVE CLAIM. IT CONTAINS A CLASS ACTION WAIVER.

To the fullest extent permitted by applicable law, you and Brooks Brothers agree that ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS, AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. To the fullest extent permitted by applicable law, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced.

Choice of Law and Venue

This entire Agreement shall be governed by the laws of the State of New York, without regard to any conflict of law provisions.

You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.

Brooks Brothers does not imply that the materials published on the Site are appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.

Customer Communications

Brooks Brothers welcomes your comments and feedback regarding our products and services. All communications and comments submitted to the Site are non-confidential. Brooks Brothers reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications as permitted under applicable laws. All comments, feedback, suggestions and submissions shall be and remain Brooks Brothers Property. However, Brooks Brothers’ use, disclosure, and retention of such information may be limited by applicable laws as described in our Privacy Policy Statement.

While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Brooks Brothers’ employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at Brooks Brothers through any communication channel.

Content you submit

If you post comments, photos, reviews or other content on the Site, or you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”) without a request from us, you grant Brooks Brothers and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media, without restriction, at any time. You grant Brooks Brothers and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Policy.

Brooks Brothers is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments from the Site in our sole discretion at any time. You may not repost, republish, or redistribute Comments outside of the Site.

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness and originality of any such material. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Brooks Brothers for all claims resulting from content you submit. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. Brooks Brothers takes no responsibility and assumes no liability for Comments or any other content posted by you or any third party.

Email Communications

When you make a purchase on the Site, or send e-mails to us, you are communicating with us electronically. By use of the Site, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was submitted. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after our receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

Product Availability

Many of the products displayed on the Site are also available at our retail stores in the United States. Extended sizes that are available online may not be available in retail stores. The prices listed in the Site are quoted in U.S. dollars.

Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site, subject to the applicable return policy.

Errors, Inaccuracies, and Omissions

We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

Though we strive for accuracy, occasionally, the information on the Site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you inconvenience.

Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart.

Please note that because the colors you see will depend on your device’s display settings, we cannot guarantee that your device will display the exact color of an item displayed.

Links to Other Sites

Periodically, links may be established from the Site to one or more external sites or resources operated by third parties (“Third Party Sites”). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the Third Party Sites or any information contained therein. In addition, some Third Party Sites also may provide links to the Site. Such links should not be deemed to imply that Brooks Brothers endorses the Third Party Sites or any content therein. Brooks Brothers does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. When leaving the Site and entering a new site, you should be aware that our terms and policies no longer govern. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices.

Indemnification

To the extent permissible by law, you agree to defend, indemnify and hold Brooks Brothers harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Brooks Brothers reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Brooks Brothers in the defense of such matter.,

SITE DISCLAIMER

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE AND ALL CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" BASIS, TO THE EXTENT PERMISSIBLE BY LAW. BROOKS BROTHERS DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BROOKS BROTHERS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENTS AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. BROOKS BROTHERS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

AS FURTHER EXPLAINED IN THE FOLLOWING SECTION, THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

Limitation of liability

IN NO EVENT SHALL BROOKS BROTHERS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM BROOKS BROTHERS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BROOKS BROTHERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BROOKS BROTHERS FOR ACCESS TO OR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST BROOKS BROTHERS IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Changes and Modifications

We reserve the right to change or modify any of the terms contained in these Terms of Use or any policy of the Site, at any time and in our sole discretion, including but not limited to, modifying, suspending or discontinuing the Site or any service, content, feature or product offered through the Site, with or without notice; charging fees in connection with the use of the Site or any services offered therein; modifying and/or waiving any fees charged in connection with the Site; and/or offering opportunities to some or all users of the Site. If we decide to change our Terms of Use or a policy, we will post a new version on our Site and update the date, and where legally required, will provide additional notice to you. Any changes or modification will be effective upon posting of the revisions. Your continued use of the Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications of the Site. You should frequently review these Terms of Use (including its date) and applicable policies from time-to-time to understand the Terms of Use that apply to your use of the Site.

Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and debit or credit card numbers.

Age Restrictions

The Site does not offer products for sale to children under 18. We sell products for purchase by adults only. By using the Site, you are representing to us that you are 18 years old or older. The Site will not be liable for any damages that may result from misrepresentation of age by a user of our Site. .

Termination

The obligations and liabilities of the parties incurred prior to the termination of these Terms of Use date shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site, whichever occurs first.

We reserve the right, without notice and in our sole discretion, to terminate your ability to use the Site, refuse service, terminate accounts, remove or edit content, or cancel orders, and to block or prevent future access to and use of the Site.

Entire Agreement; Severability; No Waiver

These Terms of Use, including any applicable policy contained in the Site, constitute the entire Agreement between you and Brooks Brothers relating to the subject matter addressed herein. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of Brooks Brothers’ right to require strict observance of each of the terms herein.

Information or Complaints for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected] You may also contact us by writing to Customer Service at [email protected] or by calling us at (800) 274-1815. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.