Welcome to OURHOUR and www.ourhour.com (the “Site”).Throughout the site, the terms “we”, “us” and “our” refer to OURHOUR. OURHOUR offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopline Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - USE OF CONTENT ON THIS SITE
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by OURHOUR or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, 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. Any other use of content 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 OURHOUR, is expressly prohibited. OURHOUR 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. OURHOUR 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 OURHOUR’ sole discretion. OURHOUR neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with OURHOUR.
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 OURHOUR may be entitled, at law or in equity.
SECTION 2 -CONDUCT ON THE SITE
You may not make commercial use of any OURHOUR materials; collect or use any product listings, descriptions, or prices; or make any derivative use of any OURHOUR contents; download or copy account information for the benefit of another merchant; or use data mining, robots, or similar data gathering and extraction tools. No OURHOUR materials, nor any part of the OURHOUR site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OURHOUR. You or third parties acting on your behalf may not frame or utilize framing technology to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OURHOUR without our express written consent. You may not use any meta tags or any other "hidden text" utilizing OURHOUR’ name or trademarks without the express written consent of OURHOUR. You may use the OURHOUR website only as permitted by law.
SECTION 3 -TRADEMARKS AND COPYRIGHTS
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 OURHOUR or its content suppliers and 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 HangZhou Yifeng E-Commerce Co., Ltd. All of these trademarks, logos and service marks are the property of HangZhou Yifeng E-Commerce Co., Ltd. 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. OURHOUR reserves all rights not expressly granted in and to the site and its content.
SECTION 4 - INFRINGEMENT NOTICES
OURHOUR 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 1411 Broadway, New York, NY 10018, 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 of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail 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.
SECTION 5 -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 OURHOUR immediately. OURHOUR may assume that any communications we receive under your password have been made by you unless we receive notice otherwise.
OURHOUR does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the OURHOUR site only with involvement of a parent or guardian. OURHOUR reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
SECTION 6 - CONTENT YOU SUBMIT
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 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.
OURHOUR has no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and has an absolute right to remove any material from the site in our sole discretion at any time.
SECTION 7 - ELECTRONIC COMMUNICATIONS
When you make a purchase on BrooksBrothers.com, or send e-mails to us, you are communicating with us electronically. 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.
SECTION 8 - ORDERS, PROHIBITION ON RESELLING, AND PRICE
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 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 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.
SECTION 9 - PRODUCT INFORMATION
Select product can be found in our full price stores in the United States while supplies last. In some cases, merchandise displayed for sale on the site may not be available in stores. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the site.
SECTION 10 - DISCLAIMERS &LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall menstuxedousa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brooks Brothers and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms and Conditions of Use. 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.
SECTION 12 - JURISDICTION AND APPLICABLE LAW
SECTION 13 -SITE POLICIES, MODIFICATIONS, AND SEVERABILITY
SECTION 14 - ENTIRE AGREEMENT AND ADMISSIBILITY
SECTION 15 - HOW TO CONTACT US