Terms Of Use

Last Updated: October 1, 2021

This website (“Site”) is hosted and owned jointly under an agreement between NetJets Aviation Inc.* (“NetJets”) and BB OpCo LLC (“Brooks Brothers”) (and together, “Owners”). By accessing this Site, you agree that your access to, and use of the Site will be subject to the conditions set forth in this legal notice and all applicable laws. If you do not agree and accept, without limitation or qualification, these terms, please exit the Site.

This Site and all of its content, including, but not limited to, all text, graphics, logos, button icons, images, software, and the presentation contained herein, belongs to the Owners or their third-party licensors. The design and layout of this Site (the look and feel of the Site) is the exclusive property of the Owners and may not be used, copied, distributed, or displayed in any way. All trademarks, logos, or service marks, whether registered or unregistered, are proprietary to the Owners or their third-party licensors. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed.

The Owners grant you a limited, nonexclusive, nontransferable, revocable license to make personal use of the Site. Except as noted, you are not conveyed any right or license by implication, estoppel, or otherwise, to use, reproduce, transmit, perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any of the content or information contained within this Site, including but not limited to, any of the Owners’ intellectual property.

Your limited license to use does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative use of the Site and its contents; and (d) use of any data mining, robots, or similar data gathering and extraction methods. You may not use, frame, or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without express written consent from the Owners. Further, you may not use any meta tags or any other "hidden text" utilizing any of the Owners’ name, trademarks, or product names without express written consent from the Owners. This license shall automatically be revoked if you violate any of these restrictions and may be revoked by the Owners at any time.

No images on this site may be used without first seeking express permission from the Owners. The Owners reserve the right to refuse any permission request for any reason or no reason.

Any unauthorized use of this Site or its contents will immediately terminate the limited license and/or rights granted herein. Unauthorized uses of the Owners’ intellectual property may violate applicable state and federal laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law, including the seeking of criminal prosecution when warranted.

The Owners in their sole discretion and without advance notice or liability, may immediately suspend or terminate the availability of the site and/or materials, in whole or in part, for any reason.

User Information

Your use of the site involves the transmission your information (“User Information”) to Brooks Brothers. User Information may include, but is not limited to, name, address, telephone number, email address, sign-in information, such as username and password, and job title. You agree to keep the User Information provided to the Site current at all times and to promptly update such information in the Site to the extent of any change. Brooks Brothers and its respective agents may record, process, use and store such User Information as necessary for the Site functionality and in accordance with the Brooks Brothers Privacy Policy located at: https://www.brooksbrothers.com/on/demandware.static/-/Sites-brooksbrothers-Library/default/dwa7abb098/docs/BrooksBrothersPrivacyPolicy.pdf. Brooks Brothers may also share User Information with NetJets in accordance with the Brooks Brothers Privacy Policy.

Changes / Accuracy of Information

Information may be changed or updated without notice. The Owners may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

The Owners assume no responsibility regarding the accuracy of the information that is provided by this Site and use of such information is at the recipient’s own risk. Information on this Site may contain technical inaccuracies or typographical errors and may not be complete. Please note that such errors or inaccuracies or omissions may relate to the pricing of items available for purchase on this Site. Owners reserve the right to cancel or refuse to accept any order placed for any reason. Prices and availability are subject to change without notice.

Colors

The Owners have made every effort to ensure that the colors of the images on its Site, including those of items for sale, are depicted as accurately as possible. However, as monitors and other user equipment vary, the Owners cannot guarantee that your monitor’s display of color will be accurate.

Links

The Owners make no representations and have no responsibility whatsoever with respect to any third party site which you may access through this one. To the extent that you access sites independently operated by either of the Owners, each Owner is exclusively responsible for any site that it independently operates and neither owner bears any responsibility with respect to sites operated by the other Owner. In addition, a link to website independently operated by one of the Owners does not mean that the other Owner endorses or accepts any responsibility for the content, privacy policies, security or the use of such a website. It is up to you to take precautions to ensure that your use of any website is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Disclaimer of Warranties

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. The Owners provide no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and noninfringement.

Exclusion of liability

Your use of the site and any of its content or features is at your own risk. In no event will the Owners or any of their respective subsidiaries, affiliates, officers, directors, agents, contractors, representatives, employees, successors, or assigns, or any other party involved in creating, producing, or delivering this Site, be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages for any use of, or inability to use, this Site or its content, or on any other hyper-linked Website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling systems or otherwise, even if we are expressly advised of the possibility of such damages. To the fullest extent provided by applicable law, this exclusion of liability applies to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss. Because some states do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnity

You agree to defend and hold Owners, and their respective subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your use of our products or services, your violation of any rights of another, or your violation of any of these terms.

Law and Jurisdiction

This legal statement and your use of the Site are governed by the laws of the State of Ohio without regard to its choice of law provisions. You agree that the parties shall settle any claim or dispute relating to this legal statement by binding arbitration in Ohio under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under this legal statement shall be joined to an arbitration involving any other party subject to this legal statement, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to the access to, or use of, the Site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Ohio.

Whether in arbitration or court, you waive the right to prosecute or participate in a class action, collective action, or other representative action. You may seek relief only on behalf of yourself and only to the extent necessary to remedy your individual claim. This class action waiver is a material and essential part of and cannot be severed from this provision.

General

This legal statement may not be modified except in writing. If any of these terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be severed from these terms and shall not affect the validity and enforceability of the remaining provisions. These Terms and all of your rights and obligations under the Terms are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under them. To the extent permitted by law, we reserve the right to terminate your access to and use of the site and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these terms or any Additional Terms that may be provided to you or agreed upon between you and us.

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