Terms and Conditions of Use


Jim's Formal Wear, LLC (“Jim's Formal Wear", “JFW", “us", “our", “we" "Company") maintains its website (“Site") and mobile applications (“Apps") to inform you about its many offerings ands services. BY ACCESSING THE SITE/APPS YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE/APPS.

Jim's Formal Wear may modify this agreement at any time and any such modifications shall be effective immediately upon posting of the modified agreement on the Site/Apps. You agree to review this agreement periodically to be aware of such modifications and your continued access or use of the Site/Apps shall be deemed your conclusive acceptance of the modified agreement.

General Legal Disclaimer

Jim's Formal Wear believes that the information contained in this Site/Apps is reliable and accurate. However, Jim's Formal Wear does not guarantee the accuracy or completeness of any information on this Site. The information contained in this Site/Apps may be changed or deleted at any time and without notice.

The information in this Site/Apps is provided 'As Is' without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage or trade practice. Some jurisdictions do not allow exclusion of the implied warranties, so this disclaimer may not apply to you.

Jim's Formal Wear does not warrant that this Site/Apps and the server connected to it are free of computer viruses or other harmful components. It is your responsibility to take appropriate precautions to ensure that whatever you select to download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Proprietary Rights

You acknowledge that the materials displayed on this Site/Apps including but not limited to all written material, photographs, illustrations, artwork, and other graphic material, and names, logos, trademarks and service marks (“Materials") are the property of Jim's Formal Wear, or a third party licenser and may be protected by copyright, trademark and other intellectual property laws. Any content from this Site/Apps may be displayed and printed solely for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or otherwise use any Material from this Site/Apps without the express prior consent of Jim's Formal Wear or owner of the intellectual property. Requests: contact this Site/Apps' webmaster. In the event you download Materials as permitted under this Terms and Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the Materials. If you violate these Terms and Conditions, your permission to use the Materials terminates, and you agree to immediately destroy all copies of the Materials.

Limitation of Liability

In no event shall Jim's Formal Wear be liable for any special, incidental, indirect, punitive or consequential damages, including but not limited to loss of profits, cost of replacement goods, loss of data or information, business interruption, or any other damages whether in an act of contract, negligence, or other tort, arising out of or in connection with the availability, use, reliance or inability to use any information available from this Site/Apps or a linked Site/Apps. You agree to defend, indemnify, and hold Jim's Formal Wear 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/Apps or an of the Materials.

Third Party Links

Jim's Formal Wear makes no endorsement or representations whatsoever about any other third party web site which you may access through this one. Third party links are provided solely as a convenience to our users. Jim's Formal Wear is further unable to confirm that the Materials contained on third party links are accurate in every case. There may be information on the Site/Apps that is inaccurate, incomplete, or contains typographical errors. Jim's Formal Wear reserves the right to make changes to the Site/Apps at any time without prior notice.

Privacy Notice

For information regarding Jim's Formal Wear's treatment of personally identifiable information, please review our current Privacy Policy, which is incorporated herein by this reference.

Jurisdiction / Choice of Law / Clause of Action

Visitors to this web site agree to be bound by the laws of the State of Illinois, United States of America without written regard to conflicts of law principles and applicable federal laws. In addition, visitors agree to submit to the personal jurisdiction of the federal and state courts within Illinois for the resolution of any dispute arising from the use of this site.

Any cause of action or claim you may have with respect to use of this Site/Apps must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Jim's Formal Wear's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Jim's Formal Wear may assign its rights and duties under this Agreement to any party at any time without notice to you.


SMS TERMS AND CONDITIONS

Please read these terms and conditions carefully. By opting-in to sign-up for one or more text messaging programs, you expressly consent to receive non-marketing and marketing text messages from Jim’s Formal Wear, LLC (“Company”) and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.

You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Use, our Privacy Policy and any other applicable terms and agreements related to your use of Company’s services.

Program Description
Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you. Company text messages are intended to provide you with information about your event.

Message Frequency
You will receive a maximum of one message per day.

Cost
Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.

Supported Carriers
Supported carriers may change from time to time.

How to Opt-In
To opt-in to receive text messages from the Company text messaging program(s), create an account and follow the instructions within your Account page.

How to Opt-Out
To stop receiving text messages from the Company text messaging program, reply with "STOP" for the text messaging program from which you no longer wish to receive message. You will then receive confirmation of your opt-out of the text messaging program.

If the Company has more than one text messaging program which you have opted-in, this will only opt you out of the specific text messaging program associated. You will remain opted in to other Company text messaging programs.

Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by contacting us at:

Jim's Formal Wear
804 East Broadway
Trenton, IL 62293
Attention: Customer Service
Email: support@jimsfw.com

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Privacy
Please click here to access Company's privacy policy.

Access or Delivery to Mobile Network is not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.

Support/Help
To request more information, contact support@jimsfw.com.

Eligibility
To receive Company text messages, you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions
Company may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Company’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes.

Termination of Text Messaging
Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.

Communications and Consent to Electronic Notices
You may communicate with Company via postal mail, telephone, and our website. Company may issue notices via these various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect.

You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use Company products or services.

You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request. You may make such a request via support@jimsfw.com. If you withdraw your consent, Company reserves the right to terminate your use of Company’s products or services.


Last Update: August 19, 2019