Terms of Use
Welcome to our site. We maintain
this web site as a service to our customers. By using our site, you are
agreeing to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not agree to
these terms, you should not review information, use services or obtain
goods or products from this site or referred by this site.
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement") with respect to
our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of this
Agreement. This Agreement may be amended at any time by us from time to
time without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the
Site.
2. Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to
the Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any
right in such information and materials.
3. Trademarks. Some products, phrases and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a
limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part
of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution). Exception: This limitation of use is not related to
other sites/links referred by the Site.
5. Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any
password or right given to you to obtain information or documents is not
transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION , SERVICES AND
PRODUCTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE
CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
9. Use of Information. We reserve the right, and you authorize us, to
the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our
Privacy Policy.
10. Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase certain goods
or services. You understand that we do not operate or control the
products, information or services offered by Merchants. Merchants are
only responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply to
you while on such sites. We are not responsible for information provided
by you to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or
commitments on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from time to
time, is a part of this Agreement.
13. Payments. You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit information you
supply is true and complete, (ii) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
14. Securities Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking statements.
These statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which are beyond
our control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "intends" and similar
expressions are intended to identify forward-looking statements designed
to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions
express in such Web sites. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If
you leave our Site and access these third-party sites, you do so at your
own risk.
16. Copyrights and Copyright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following
information: (a) An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (b)
A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is
located on the Site; (d) Your address, telephone number, and email
address; (e) 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; and (f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on
the Site can be reached by e-mail: info@emanueletuxedo.com
17. Information and Press Releases. The Site might contain information
and press releases about us. While this information was believed to be
accurate as of the date prepared, we disclaim any duty or obligation to
update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
18. Miscellaneous. This Agreement shall be treated as though it were
executed and performed and shall be governed by and construed in
accordance with the laws of the State of Illinois, USA (without regard
to conflict of law principles). Any cause of action by you with respect
to the Site (and/or any information, products or services related
thereto) must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and Section 10. The
language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against either party. All legal proceedings
arising out of or in connection with this Agreement shall be brought
solely in Cook County of Illinois, USA. You expressly submit to the
exclusive jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce
such provision.
