Last updated on 9/26/2011

This www.thombrowne.com website (this "Website") is provided by Thom Browne, Inc. ("TBI"). Your use of the Website is governed by these website terms of use (the "Terms of Use"). Please read them carefully before using this Website. By using this Website, you agree to be bound by and honor all provisions of the Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use this Website.

TBI might from time to time revise the Terms of Use. By continuing to use and access the Website after revisions to the Terms of Use, you agree to the Terms of Use as revised. Please review the Terms of Use each time you intend to use the Website. For your convenience, TBI will indicate the date that the Terms of Use were last updated.

This Website is not intended for use by anyone under 18 years old, or by anyone under the legal age of majority in his or her state of residence.

All policies included on this Website, including the Privacy Policy and the Shipping Information and Return Policy, are incorporated into these Terms of Use by reference and form part of the Terms of Use.

Product Purchases

All product purchases are subject to the Shipping Information and Return Policy. Please review this policy prior to making any purchase. Your product purchase confirms your agreement with the terms of that policy.

You must create a user account at the Website in order to purchase products via the Website. You agree that all information that you provide for this purpose will be true, complete, and updated as necessary to keep it current. You confirm that that you have the right to provide all such information for this purpose.

You must create a user name and a password to create a user account. You must protect and maintain the confidentiality of the password and account. You are responsible for all activities that occur under your password or account, including unauthorized purchases and charges. You agree to log out of your account each time you finish using it and to change your password. In addition, if you learn of or suspect unauthorized use of your user account, you agree to change your user account password and notify TBI immediately.

TBI reserves the right to suspend or terminate any account for any reason or no reason and with or without any notice in TBI's sole discretion.

Intellectual Property

THOM BROWNE., THOM BROWNE. NEW YORK, the Thom Browne 4 bar design and the Thom Browne tricolor grosgrain loop are exclusive trademarks

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This Website, and all text, graphics, photos, audio and audiovisual recordings, and other content published by the Website (collectively, "Website Content") belongs to TBI or its respective licensors. All rights to Website Content are reserved. You may view, download and print Website Content only for your own personal, non-commercial use. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any Website Content in any form, by any means, or for any purpose, without TBI's express prior written consent.

Website Availability and Use Restrictions

TBI may from time to time modify or discontinue, temporarily or permanently, the Website (and parts thereof) with or without notice, and without any obligation to you. TBI also may terminate or suspend your use and access to all or any parts of this Website, with or without notice, and for any reason or no reason, in TBI's sole discretion. Such termination or suspension will not terminate or suspend the Terms of Use as applied to your use and access of the Website.

You agree to use the Website only for lawful purposes in a lawful manner. TBI does not represent or warrant that your use of this Website will comply with the laws of the jurisdiction or territory in which you use it. You are responsible for your compliance with all applicable laws. You agree not to use or access this Website from any jurisdiction or territory in which any of the Website Content is illegal or impermissible.

You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website. You will not use any spider, robot ("bot"), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Website or any portions thereof.

You agree not to access this Website by any means other than via the user interface provided by TBI for such purpose. You will not run, frame or otherwise display the Website Content on any other website. Unless TBI objects or blocks such links, which it may do at any time without any notice, you may link to this Website from your own website, but only to this Website's home page (www.thombrowne.com), and only in a manner that does not state or imply TBI's sponsorship, endorsement, license or other affiliation between TBI and you, your website, products, services, activities or representatives.

Indemnification, Disclaimers and Liability

You agree to indemnify and hold harmless TBI, its shareholders and licensors, and their respective affiliates, directors, officers, employees, members, agents, counsel and representatives (collectively, the "TBI Group") against and for all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees and costs), resulting or arising from or relating to your use, attempted use, or conduct at the Website; any activity related to your account by you or any other person; your violation of these Terms of Use; or your infringement or violation of any rights of another person or entity.

TBI PROVIDES THE WEBSITE ONLY ON AN "AS IS" AND AS AVAILABLE BASIS. YOU USE THE WEBSITE AT YOUR SOLE RISK. TBI DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE WEBSITE. IN PARTICULAR, TBI DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM WEBSITE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TBI OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.

THE TBI GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT.

The sole and entire maximum liability of the TBI Group for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the net amount actually received by TBI from you for any products purchased from TBI via this Website.

To the fullest extent permitted by law, you agree that any claim or cause of action that you assert arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or any such purported claim or cause of action shall forever be barred.

Because some jurisdictions or territories do not permit the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the foregoing disclaimers and limitations might not apply to you.

General provisions

These Terms of Use set forth the entire understanding of the parties with respect to its subject matter. In the event that any one or more of the terms and conditions contained in these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. TBI's failure to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use. These Terms of Use shall be deemed to have been made in the State of New York and shall be construed and enforced in accordance with the laws of the State of New York applicable to contracts negotiated, executed and performed within said State. The parties shall make a good faith effort to resolve any breach of these Terms of Use, or any other dispute arising under or in connection with these Terms of Use, through mediation conducted within thirty (30) days following first assertion of the breach or dispute. If eight (8) hours of such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved in New York City, New York by binding arbitration under the administration and rules of JAMS (www.jamsadr.com). Notwithstanding the foregoing mediation and arbitration provisions, TBI never shall be precluded or delayed from seeking and obtaining temporary, preliminary and permanent injunctive relief against infringement or other violation of its claimed intellectual property rights, or other relief that it deems reasonably necessary to defend or enforce its rights or these Terms of Use, in any court(s) of competent jurisdiction.