Terms of Use

DISCLAIMER: Please read these Terms of Use carefully before using the Platform (as hereinafter defined). By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platform.

About Hart Schaffner Marx and These Terms of Use

ABG HMX, LLC (“Company”), a subsidiary of Authentic Brands Group, LLC (“ABG”), is a Delaware limited liability company. The Company websites and mobile applications (collectively, the “Platform(s)”) are owned and edited by Company.

These Terms of Use govern your use of the Platforms. In these Terms of Use, we use the term Company (and "we", "us" and "our") to refer to the head office of Company at its registered address and its affiliates, and we use the term “you” and “your” to refer to any individual or person that accesses the Platforms.

Updates to These Terms of Use

We may make changes to these Terms of Use from time to time, so please check back regularly to keep informed of any such updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By using the Platform, you agree to be bound by the Terms of Use, including, without limitation, all updates and amendments thereto.

About our Hosting Services

Hosting services for our website are provided by or on behalf of ABG in the United States of America.

Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other company.

Our Privacy Policy

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

Use of Materials on the Platforms

Company has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Company’s products displayed on the platforms are representative of the color, design and style, etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Company cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our authorized retailers prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as appropriate copyright © and trademark™ notices, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including, without limitation, any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Company Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions, national and local laws worldwide. In no event shall title or other ownership rights in and to any Company Materials be transferred to you by function of any limited license that may be granted hereunder.

You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on, use or otherwise exploit any Company Material in any way for any public or commercial purposes. Furthermore, Company Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Company Material (solely as set forth herein) will automatically terminate and any copies made of Company Material must be immediately destroyed. Any unauthorized use of Company Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your Submissions and Unsolicited Communications

This section concerns communications sent to Company. It does not concern the communication of personal information to Company in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to Company via the Platforms or through social media, by electronic mail or otherwise, including, without limitation, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Company. By sending communications to Company, you automatically grant Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and transferable, divisible license to use, reproduce, modify, publish, post, re-post or tag, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Company and its affiliated companies for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, tagging, developing, manufacturing and marketing products using such information. You, on behalf of yourself and all of your predecessors, successors and assigns (including your kin and heirs) hereby waive any and all known or unknown: claims, charges, complaints, grievances, liabilities, obligations, promises, agreements, controversies, demands, actions, causes of action, suits, rights, judgments, damages, settlements, costs and expenses (including, without limitation, attorney’s fees and court costs), losses, debts, penalties, fees, wages, union contributions, medical costs, pain and suffering, mental anguish, emotional distress (collectively, “Claim(s)”), that you had, have or could have, against each of Company, ABG and each of their parent, subsidiary and affiliate entities, and each of their predecessors, successors and assigns, and all of their shareholders, owners, members, agents, representatives, officers, directors and employees (collectively, “Company Party(ies)”), whether alleged or not, for infringement of any intellectual property rights used by Company pursuant to these Terms of Use.

You are prohibited from posting or transmitting to or from the Platforms any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or any country in which you are located, including but not limited to copyright law and the Health Insurance Portability and Accountability Act of 1996.

Furthermore, Company enjoys a worldwide reputation for both the design, manufacture and marketing of its products. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Company’s creations. As a result, Company cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Company may already be working on similar ideas and/or creations. Consequently, you are advised that Company is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

Limitation of Liability

This section applies to the Platforms and not to any products that may be sold, whether online, by phone or by any retailers.

Company tries to ensure that the information provided is accurate and complete. However, Company does not warrant or represent that Company Material is accurate, error-free or reliable or that use of Company Material will not infringe rights of third parties. Notwithstanding anything contained herein to the contrary, you acknowledge that Company has not made, and is not making, any representation or warranty to you under these Terms of Use.

Company does not warrant that the functional and/or technical aspects of the Platforms or the Company Material will be error free or that the Platforms, Company Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Company Material results in the need for servicing or replacing property, material, equipment, data or other element, Company is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Company and its suppliers make no warranties about the Company Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER COMPANY, ABG NOR ANY OF THEIR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, COMPENSATORY, PECUNIARY, NON-PECUNIARY, CONSEQUENTIAL, INCIDENTAL, LIQUIDATED, AGGRAVATED, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OF ANY KIND, REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH THE USE THE PLATFORMS, THE USE OF INFORMATION AVAILABLE FROM THE PLATFORMS OR ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, EVEN IF WE, ABG OR ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR LOSSES.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

You specifically agree that you are solely responsible for your conduct on the Platforms, and you represent and warrant that: (i) you own the material provided by you or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your material does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You shall indemnify defend and hold harmless us and all Company Parties from and against any and all direct and/or third-party Claims, and any Claims by any local, state or federal government or regulatory agency, authority or board, arising out of or in connection with: (a) the breach by you of these Terms of Use, (b) the unauthorized or unlawful access or use of the Platforms by you or anyone using any of your credentials or other information to access or use the Platforms, and (c) the material provided by you (including, without limitation, Claims that the same violates the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person).

Trademark Notice

In general, all trademarks, trade dress, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Company trademarks or are licensed for use by Company by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without Company’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

Copyright Notice

All content (including, without limitation, Company Materials) on the Platforms are either Copyright © Company or are licensed for use by Company. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

Links & Linking

The Platforms may contain links to other platforms operated by third parties not affiliated to Company. The inclusion of any link to such third party sites does not imply endorsement by Company of those sites. Company has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.

Company does not authorize linking to any of its Platforms from a third party platform without its express prior written authorization.

Termination and Suspension

You agree that Company may terminate or suspend your access to and use of the Platforms if Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Company, its affiliated companies or any third party, with or without notice to you. You agree that Company may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Company will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of Liability" and "General Provisions" will survive termination of these Terms of Use.

General Provisions

Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Company’s products and services and in certain cases to present products for sale via a variety of means. Company makes no representation that Company Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Company Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any term or provision, or any portion thereof, of these Terms of Use, as applied to either us or you, or any circumstance, for any reason shall be declared by a court of competent jurisdiction to be invalid, illegal, unenforceable, inoperative or otherwise ineffective, then: (i) such term or provision, or any portion thereof, shall be eliminated to the minimum extent necessary, such that such term or provision, or any portion thereof, shall be deemed not to form part of these Terms of Use, and (ii) if permitted by applicable law, such provision shall be reformed and rewritten so as to most closely reflect the intention of Company in preparing these Terms of Use, such that these Terms of Use shall otherwise remain in full force and effect and enforceable. Notwithstanding the foregoing, if any term or provision of this Agreement pertaining to the payment of monies to either Party shall be declared invalid, illegal, unenforceable, inoperative or otherwise ineffective, such Party shall have the right to terminate this Agreement as provided herein

These Terms of Use set forth the entire agreement and understanding between you and us with respect to the subject matter hereof, in relation to the use of the Platform, and replaces, extinguishes and supersedes all prior agreements, draft agreements, arrangements, undertakings, collateral contracts, understandings, inducements and conditions of any nature made by you and us, whether express or implied, oral or written, except as herein contained. This Agreement may only be amended or modified by written agreement, duly executed by authorized signatories of, and delivered by, each of the Parties hereto. The express terms of these Terms of Use shall control and supersede any course of dealing or performance, and/or usage of trade, that is inconsistent with any of the terms hereof.

A waiver by Company of any term or provision of these Terms of Use, or any portion thereof, or the waiver by Company of any breach or default of, or rights under, these Terms of Use, shall: (i) only be effective if signed by an authorized signatory of Company, (ii) not bar the exercise of the same right on any subsequent occasion or any other right at any time, and (iii) not constitute a continuing waiver of such or any other term, provision, breach, default or right. Neither the failure of nor any delay on the part of Company to exercise any right, remedy, power or privilege under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege.

You shall not assign, sub-license, encumber or transfer these Terms of Use or any of your rights or obligations hereunder, directly or indirectly, whether pursuant to any change of ownership, control or otherwise, without our prior written approval, which may be granted or withheld in our sole discretion. Any attempted assignment sub-license, encumbrance or transfer by you in violation of the foregoing shall be void and of no force or effect. We shall have the right to assign, encumber and/or transfer any or all of our rights and/or obligations under these Terms of Use, in any form or manner, without the knowledge, consent or approval of you. These Terms of Use shall be binding upon and inure to the benefit of both you and us, to and each of our respective successors and permitted assigns.

Applicable Law and Jurisdiction

These Terms of Use and the legal relations between us and you shall be governed by and construed in accordance with the laws of the State of New York applicable to such agreements wholly made and to be performed within New York, notwithstanding any conflict of law provisions to the contrary. Except that we may bring: (i) an equitable proceeding in any jurisdiction where appropriate by reason of its subject matter, and/or (ii) any proceeding in any jurisdiction where appropriate by reason of your domicile and/or minimum contacts with such jurisdiction: any other action relating to any dispute, controversy or claim arising out of or in relation to the Terms of Use, , but not limited to, the validity, invalidity, breach or termination thereof, shall be brought in courts located in New York County, New York, and you submit to the personal jurisdiction of such courts.

Contact Us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

Authentic Brands Group, 1411 Broadway, Floor 21, New York, NY 10018

info@authentic.com

Last updated: February 2023

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