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If you need to return online orders or have any questions about existing orders, please contact our Customer Service team and we'll be happy to assist you.
If you need to return online orders or have any questions about existing orders, please contact our Customer Service team and we'll be happy to assist you.
TERMS & CONDITIONS OF USE
JA Apparel Corp., doing business as Joseph Abboud ("Joseph Abboud," “us,” “our,” or “we”) maintains its site ("Site") to inform you about its many offerings. In using our Site, you agree to these Terms and Conditions. Joseph Abboud may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as changed. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.
Proprietary Rights. The Site is protected under United States intellectual property law. The various trademarks, trade names, logos, service marks, product names, and company names (the "JA Trademarks") appearing on this Site include trademarks registered with the United States Patent and Trademark Offices, and other Trademark Offices worldwide, and those not registered, which registered and unregistered Trademarks belong to JA Apparel Corp., its parent, affiliates, licensors and/or vendors (“IP Owners”). You further acknowledge and agree that the IP Owners own all legal right, title and interest in and to the JA Trademarks, text, graphics, photographs, video, thumbnails, images and all other materials ("JA IP") on this Site are copyrights, trademarks, or other intellectual property owned, licensed or otherwise controlled by IP Owners. Joseph Abboud authorizes you to view the JA IP on this Site, and to download and make a single copy of all or a portion of the JA IP only for your personal noncommercial use. You may not otherwise copy or download JA IP, and may not modify, use or distribute the JA IP, this Site or any related software in any way unless you obtain the written permission of Joseph Abboud. In the event you download JA IP as permitted under this Terms & Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the JA IP. If you violate these Terms and Conditions, your permission to use the JA IP terminates, and you agree to immediately destroy all copies of the JA IP.
Limited License. You may access and view the content on the Site on your computer or other device, and make single copies or prints of the content on the Site at your own risk and for your personal, non-commercial and internal use only. Use of the Site and the services offered on or through the Site, are only for your personal, non-commercial use. You may not use the Site, or any JA IP for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
Prohibited Uses. This Site may not be used (a) to transmit, distribute, store or destroy material, including without limitation Site content, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. This Site may not be used for any illegal purpose or in any manner that would subject JA Apparel Corp., its parent or affiliates, or any of the users of the Site to liability.
You agree that you will not use this Site for any of the following: (a) providing JA Apparel Corp. with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Site content posted by JA Apparel Corp. or any other person or entity without authorization; (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity conducted on this Site; (d) taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure; (e) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of this Site, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (f) using or attempting to use, without JA Apparel Corp.’s permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from JA Apparel Corp. on this Site and other than generally commercially available third-party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (g) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site; (h) aggregating, copying or duplicating in any manner any of the Site content or information available from this Site, except as otherwise expressly allowed by these terms and conditions; or (i) framing or linking to any of the Site content or information available from this Site without the permission of JA Apparel Corp. When providing JA Apparel Corp. with feedback or other information, you agree to do so in a manner that does not infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy, publicity or other personal rights of others.
You are prohibited from violating or attempting to violate the security of this Site, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of this Site, host or network, including without limitation, via means of submitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines or software code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or by any activity of overloading, "flooding," "spamming," "mailbombing" or "crashing" this Site or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services through this website or to other users of this Site; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting relating to this Site.
Right to Limit / Deny Access. JA Apparel Corp., on behalf of itself or itself and its parent and affiliate companies, reserves the right to prohibit any user further access to its Site for violating these terms and conditions or any law. JA Apparel Corp. may take any action with respect to user-conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for JA Apparel Corp., damage the image of JA Apparel Corp., cause harm to others, cause JA Apparel Corp. to lose (in whole or in part) its Site; or cause JA Apparel Corp. to lose (in whole or in part) the services of its ISPs or other suppliers.
Third Party Links. JA Apparel Corp. provides links to third party websites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by JA Apparel Corp., and JA Apparel Corp.assumes no responsibility for the content of any sites linked to this Site. JA Apparel Corp. is further unable to inspect or confirm that the JA IP contained on the sites that are linked to this page are correct in every case. From time to time there may be information on the Site that is inaccurate or incomplete, or that contains typographical errors. JA Apparel Corp. may change information on the Site at any time without prior notice.
Limitation of Liability / Indemnification. JA Apparel Corp. wants you to browse this Site freely. However, you do so at your own risk. JA Apparel Corp. has no liability or responsibility to users of this Site for the activity of other users. You further acknowledge and agree that JA Apparel Corp. is not responsible or liable for damages of any kind (including but not limited to direct, indirect, incidental, consequential or punitive) related to your use of the Site. You agree to defend, indemnify, and hold JA Apparel Corp. harmless from and against any and all claims, damages, costs and expenses, including without limitation, attorneys' fees, arising from or related in any manner to your use of the Site or any of the JA IP.
JA Apparel Corp. makes no claims that the JA IP are appropriate or may be downloaded outside of the United States. Access to the JA IP by certain persons in certain countries may not be legally allowed. If you access the JA IP outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
JA Apparel Corp. provides the information on the Site on an "as-is" basis, without any warranties of any nature. JA Apparel Corp. disclaims all express and implied warranties, including merchantability, non-infringement and fitness for a particular purpose. In no event will JA Apparel Corp. be liable for any loss of profits, business, use or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. JA Apparel Corp. may make changes to the JA IP and the product information and prices at any time without notice and without obligation to update the JA IP. YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SiteSite.
Submissions. JA Apparel Corp. welcomes your feedback at various places in the Site. You agree that when submitting feedback, you will not violate the rights of third parties, including without limitation, privacy, proprietary or intellectual property rights, and you will not submit libelous, obscene, abusive, or otherwise illegal materials.
Any communication or other material you send to the Site by e-mail or other means, including your questions or comments, is considered non-confidential. By sending communications to this Site, you grant JA Apparel Corp. a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, edit, distribute, perform and display any communication or other materials you transmit to the Site (and the ideas contained in such material) for any purpose, anywhere, including without limitation reproducing, posting or publicizing such material or using such material for marketing purposes.
This Site, including, but not limited to, these Terms & Conditions of Use and the Site's Privacy and Security Policy shall be construed and enforced in accordance with the laws of the State of California. Venue for any dispute regarding anything contained within and/or resulting from access to this Site shall lie exclusively the courts of the County of Alameda, California.
Decemeber 31, 2019
QUICK GUIDE TO CONTENTS
- Information Collection
- Information Use and Purpose of Data Processing
- Information Disclosure and Sharing
- Information Security
- International Orders and Users
- Third-Party Content, Links, and Plug-ins; Public Areas
- Children’s Privacy
- Your California Privacy Rights
- Your Choices
1. INFORMATION COLLECTION
There are several ways we may obtain information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive or collect from third parties. This includes data that identifies you personally whether directly (i.e. your name) or indirectly (i.e. information about your online use).
- Information You Provide
Joseph Abboud collects personal information from you when you choose to share it with us. This may include when you use our Services, register for an online account, make a purchase, request information from us, sign up for newsletters or our email list, use our service, participate in a survey or promotion, or otherwise contact us. The categories of personal information we collect may include:
- Contact Information, including name, mailing or shipping address, phone number, email address, social media handle, Social Security number and/or government issues ID number (e.g., for sweepstake/contest prize winners, credit card applications);
- Sign-In Information, including username and password (encrypted), account name, account number; reservation number, group name and number;
- Profile Information and Survey Responses, including your interests, preferences, physical characteristics, description, measurements or sizes, photos or videos, feedback, educational or professional information, employment, employment history, marital status, birthdate, age and/or year of birth, gender, sexual orientation, race, ethnicity/national origin, political affiliation, disability, medical condition, military/veteran status;
- Commercial Information, including records of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies;
- Geolocation data;
- Transaction and Billing Data, including bank account and payment card details (credit card number, expiration data, and credit card security code, where needed to complete a transaction), billing address, delivery address, signature, transaction history, information about your income, account balances, credit information);
- Correspondence you send to us, and/or other information that you may choose to provide during the registration or purchasing process.
- Information Automatically Collected
Please note that we automatically collect the following information from or about you:
- Computer or Device: We may automatically collect internet, electronic activity, and other information automatically from the devices and browsers that you use, including your device type, Internet protocol (IP) address or other unique device and advertising identifiers, probabilistic identifiers, personal or online identifier or information from the computer, mobile device, tablet or other device you use to access the Site, including the browser or operating system you use on your mobile device or computer Internet connection speed and duration, device type, geographic data, time zone setting and location, browser type and version, browser plug in types and versions, operating system and platforms, internet service providers, and the domain name from which you accessed the Services. We also may collect information about your use of the Site, including the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing or using the Site, the number of times you return to the Site, advertising you interact with within the Services and other click-stream or site usage data, emails that you open, forward or click-through to our Site, and other sites that you may visit, the technology on the devices you use to access these Services; audio, electronic, visual, or similar information; inferences used to create a profile about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and standard server log information. If you or your device experiences an error, we collect information about the error, the time the error occurred, the feature being used, the state of the application when the error occurred, and any communications or content provided at the time the error occurred. Consistent with your mobile device or app permissions, we also collect geolocation information (including geolocation information derived from your GPS, WiFi and Bluetooth signals, IP address, and other device information), photos stored on your device, contacts from your mobile address book, audio recordings, and appointments from your calendar.
- Third Party Service Providers: We may use third party service providers to support our Site. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or HTML5 cookies to receive, collect, and store information.
Please visit the “Your Choices” section for further information, including about Do Not Track and how to disable cookies.
- Information Collected From Other Sources
We may obtain information about you from third party sources, including other customers, third party event planners or producers, or social networks that you use to connect with Joseph Abboud, and third party data providers. This information may include the categories of information described above, including contact information, profile information, commercial information, geolocation data, transaction and billing data, and/or demographic information and publicly-observed data, such as from social media and online activity. We may combine this information with the information we collect from and about you to help us tailor our communications to you and to improve our Site or Services.
Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.
- Combination of Information
We may combine the information we receive from and about you, including information you provide to us in-store and online with information we automatically collect when you visit our Site, as well as information collected across other computers or devices that you may use and from third parties or other online and offline sources.
2. INFORMATION USE AND PURPOSE OF DATA PROCESSING
Joseph Abboud may use and otherwise process each of the categories of information identified above that we collect from and about you for any of the following purposes:
- To validate, confirm, verify, fulfill, deliver, and track your order (including to process payment card transactions, arrange for shipping, handle returns and refunds, and contact you about your order or delivery of your order, including via telephone or e-mail);
- To enhance your online shopping experience, including as a way to recognize you and welcome you to the Site, to allow you to participate in interactive features of our Services, Site, or to retrieve your shopping cart during a future visit;
- To protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users;
- To provide you with customized Site content, including making suggestions or recommendations to you about things that are similar to those that you have inquired about or may otherwise be of interest to you, or provide targeted offers, and advertising on the Site, via email, or across other web sites, devices, mobile applications, social media or other online services, affiliates and trusted business partners;
- To contact you with information, newsletters, marketing, promotional materials, or discounts from Joseph Abboud or on behalf of our partners and affiliates;
- To respond to your inquiries, and contact and communicate with you when necessary;
- To research, test and develop new products or services and to conduct analysis to enhance current products and services;
- To review the usage and operations of our Site, and improve our content, products, and services;
- To comply with applicable laws and regulations, and to protect or exercise our legal rights or defend against legal claims;
- To address any problems with the Site or our business; and
- As otherwise described to you at the point of data collection
Information about your use of the Services may be aggregated or de-identified for business and marketing uses by us or by third parties. This aggregate or de-identified data may be used, for example, to improve the Service, measure and analyze Service use, improve our other products and services, and to provide more relevant advertising.
Additionally, if you use the Site to connect with third party services you authorize us to use information from and about you, on your behalf, to interact with these third party services based on your requests.
3. INFORMATION DISCLOSURE AND SHARING
At Joseph Abboud, we are committed to protecting our relationship with our customers and maintaining your trust. We want you to understand when and with whom we may share the personal information we collect from and about you.
- Corporate Affiliates: We may share your information with Joseph Abboud affiliates and subsidiaries, including those affiliated companies in the Tailored Brands corporate family of companies, such as Men’s Wearhouse, Moores Clothing for Men, Jos. A. Bank, K&G Fashion Superstore, and any future additions to the Tailored Brands corporate family;
- Authorized third-party vendors and service providers: We may share your information with our third party vendors and service providers that provide business, professional or technical support functions for us, including, but not limited to, verifying customer information, billing, payment processing, fulfilling or shipping your order, completing your transaction, customer service, or those that assist us in our own marketing efforts, including email deployment, advertising and marketing (including counting ad impressions, verifying positioning and quality of ad impressions, ensuring compliance with industry standards and specifications, ad delivery, reporting, personalization, audience segmentation, and analytics), security and performance monitoring, maintaining and servicing accounts, surveys and research, data hosting, auditing, and data processing.
- With your consent: We may share information for any other purposes described or disclosed to you at the point of collection or pursuant to your consent.
Joseph Abboud may share with third parties aggregate or anonymized non-personal information about visitors to the Site without restriction as to use, including for the third parties’ own marketing or analytics use.
4. INFORMATION SECURITY
We have taken certain reasonable administrative, technical, and physical steps designed to protect the information we collect from and about our customers and Site visitors. For instance, when you enter sensitive information (such as credit card information) on our forms, we encrypt the transmission of that information for your security. While we make every effort to help ensure the integrity and security of our network and systems, you should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure, accurate, complete, or current. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
Information will be retained only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws.
5. INTERNATIONAL ORDERS AND USERS
6. THIRD-PARTY CONTENT, LINKS, AND PLUG-INS; Public Areas
The Site may have links to other third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.
As a convenience to our customers, Joseph Abboud provides access to Ratings and Reviews on our Site. Joseph Abboud also has profiles on social networking sites. Please remember that any information disclosed in this area is available to the public. The dissemination of any personal information you provide in this area is beyond our control and you should therefore exercise caution before disclosing any personal information.
7. CHILDREN'S PRIVACY
Joseph Abboud is very concerned about the safety of children using the Internet. We do not direct the Site to, nor do we knowingly collect personal information from, any visitor under the age of 13.
If we discover that a visitor under the age of 13 has registered without parental consent, we will remove his or her registration information from our files.
8. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may opt-out of our disclosure of personal information to third parties or our affiliated companies for their direct marketing purposes. To opt out, please contact us, using the methods described below. You must put the statement “Your California Privacy Rights” in the subject field, and include your full name, email address and postal address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Non-affiliated third parties are independent from Joseph Abboud and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.
If you are under the age of 18 and have a profile on our Site, you may ask us to remove reviews or other content that you posted on the Site by contacting us, using the methods described below. Please allow 30 days to process your request. Please note that, subject to applicable law, processing your request may not ensure complete removal of content you posted.
9. YOUR CHOICES
Cookies, Tracking Options and California Do Not Track Disclosures
Certain parts of our Site require cookies. You are free to set your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or through or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.
Some mobile and web browsers transmit "do-not-track" signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you and any differences in service are related to the data. Deleting cookies may in some cases cancel the opt out selection in your browser.
You also may be able to control our collection and use of your location information through your mobile device settings.
We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on the Service may change or no longer be available to you. Any difference in the Services are related to the value provided.
Interest-Based Advertising Choices
To understand your choices for receiving more relevant advertising provided on the Site, or across other websites and online services, please review the information below:
- To learn more about such interest-based advertising, and to opt out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit:http://www.aboutads.info/choices/.
- To opt out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit:http://www.networkadvertising.org/choices/.
- To opt-out of the use of your mobile device ID for targeted advertising, please visit:http://www.aboutads.info/appchoices.
- On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
Even if you opt out, you still may receive advertising from us that is not customized based on your Service or usage information, or advertising from other third parties if they are not a DAA or NAI participating company.
Other Choices Concerning the Use and Disclosure of Your Information
You may be entitled, in accordance with applicable law, to request access to, deletion, and portability of your information or more information about our information practices. Requests should be submitted in writing as set out below. If you become aware of changes or inaccuracies in your information, you should inform us of such changes so that the information may be updated or corrected. Once we receive your request, we will attempt to verify it, including by contacting you and asking for information from you. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent.
If you have any questions, comments, or concerns, or if you prefer to “opt out” of having information used for purposes not directly related to placement, processing, fulfillment or delivery of a product order, you may:
1. Contact us in one of the following ways:
- Call: 1-800-945-8897
Hours of Operation:
Monday-Friday: 8:00 a.m. to 11:00 p.m. CST
Saturday: 9:00 a.m. to 8:00 pm CST
Sunday: 10:00 a.m. to 8:00 pm CST
- Text: 346-201-4509
Hours of Operation:
Monday-Friday: 8:00 a.m. to 11:00 p.m. CST
Saturday: 9:00 a.m. to 8:00 pm CST
Sunday: 10:00 a.m. to 8:00 pm CST
- Fax: 281-776-7038
- Email us:
- Write us at:
6380 Rogerdale Rd
Houston, Texas 77072
Attn: Online Customer Relations
2. Opt out of Email Marketing:
In addition to contacting us as discussed above, at all times, you have the option of “opting out” of receiving future e-mail marketing messages from Joseph Abboud by clicking on the “unsubscribe” link at the bottom of an e-mail marketing message. Please allow 10 business days for your request to take effect. Please note that you will continue to receive e-mail communications related to order placement, processing, fulfillment, and delivery.