Thombrowneeyewear.com - Terms of Use

These Terms of Use (“Terms”), as amended from time to time, govern your access and use of the United States online store webpages at  www.thombrowneeyewear.com   that directly link to these Terms (“Website”). This Website is operated by DITA Eyewear Europe, Ltd., (“Thom Browne”, "DITA", “we”, “our” or “us”). If you want to access, browse or otherwise use the Website you must comply with these Terms. If you do not agree to these Terms, do not use the Website.

Table of Contents:

NOTE: Arbitration Provision 

These Terms include a binding arbitration agreement, which provides that certain disputes between you and us will be resolved through binding individual arbitration and will not be decided by a jury or judge. 

Disclaimers and Limitations

Website Use Is “As Is” And At Your Own Risk. We make no express representations or warranties of any kind regarding the accuracy or completeness of information on this Website.

Exclusive Remedies. Your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding the Website shall be that you leave the site.

Our Liability Shall Be Limited. We shall not be liable for any indirect, incidental, special or consequential damages, loss of data, profits, or revenue, or cost of cover, or any similar or other damages arising from the use of the Website. Our liability for direct damages relating to the Website shall be limited to U.S. $500 in the aggregate. The aforementioned limitations of liability shall apply to any loss or damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, strict liability and negligence), or any other legal theory, even if we were advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail of their essential purpose.

Access and Use

Property Rights. We own or license the server and software on which the Website is hosted, all photos, text, videos and other content displayed on the Website, and all trademarks, logos, product names and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.

Limited License. We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Website via general purpose Internet browser software for purposes of learning about products for purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Website or any portions thereof.

Submissions. If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our  Privacy Statement  or elsewhere on the Website) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. Do not submit any materials if you cannot comply with these Terms.

Purchase of Products

If you purchase products on this Website, then our Terms of Sale and Returns Policy apply to you in addition to these Terms.

Privacy 

Our Privacy Statement discloses how we collect, store, and process your personal information. 

Governing Law 

The laws of the State of California govern these Terms, as well as any dispute, claim, or controversy that may arise between you and Thom Browne, without regard to conflict of law principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG); except that all of the arbitration provisions in these Terms shall be governed exclusively by the United States Federal Arbitration Act. 

Arbitration of Disputes

ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU, ON ONE HAND, AND DITA EYEWEAR EUROPE, LTD. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS , ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, AND/OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS , WILL BE SETTLED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION UNDER THE RULES AND AUSPICES OF JAMS OR ITS SUCCESSOR.  Judgment on the award of the arbitrators may be entered by any court having jurisdiction to do so.  No joinder of other claimants’ claims or class claims in arbitration shall be permitted.   Any controversy about whether a dispute is subject to arbitration shall also be determined solely by arbitration as specified above. Any legal proceeding permitted to be filed in a court by these Terms shall be brought and heard only in a state or federal court located in Orange County, California; all parties waive any right to have any such court proceeding brought or heard in or transferred to any other location; and you hereby consent to personal jurisdiction in such courts. Further information about JAMS and the arbitration rules can be found on the JAMS website here .

Class Action Waiver

You and Thom Browne agree that each may bring a dispute against the other only in an individual capacity and not on behalf of any class of people. You and Thom Browne agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims. You and Thom Browne agree not to combine a claim subject to arbitration under these Terms with a claim that is not eligible for arbitration. 

General Terms 

Changes. We may change the content on our Website and these Terms at any time, at our sole discretion, by publishing changes on the Website or otherwise notifying you. If we make material changes to these Terms we’ll post a prominent notice of these changes on our Website and send you a notice of these changes by email if you have provided us your email address. If you continue using the Website after such notice is provided, you accept the new Terms.  However, you will not be bound by any changes to the arbitration provisions in these Terms without your affirmative consent

Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.

Entire Agreement. These Terms and any additional terms referenced herein or otherwise specified on the “Checkout” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.

Contact Information

Contact Information. This Site is operated by DITA Eyewear Europe, Ltd., Address: Suite1, Ground Floor Distillery Building, Fumbally Court, Fumbally Lane, Dublin D08 TE80, Ireland (“Thom Browne”) ; Phone: +1 (754) 333-6660; Email:  [email protected] .

Last updated June 20, 2016.