ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you and Men in Blazers Media Network ("MiB," or "we," "us," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or the “Terms”), govern your access to and use of www.meninblazers.com, including any content, functionality, and services offered on or through this website (collectively, the "Website").
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION, WHICH REQUIRES US TO ARBITRATE ANY DISPUTES (AS DEFINED BELOW) ON AN INDIVIDUAL BASIS, SUBJECT TO SOME LIMITED EXCEPTIONS. INDIVIDUAL ARBITRATION MEANS THAT NEITHER YOU NOR MIB WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR MIB IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. IN ADDITION, THESE TERMS REQUIRE EACH OF US TO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY WITH RESPECT TO ANY DISPUTES NOT SUBJECT TO ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 24, WHICH ADDRESSES THESE REQUIREMENTS IN GREATER DETAIL.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you may not access or use our Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with MiB. If you are accessing the Website on behalf of a corporation, government entity, or other legal entity, you further represent and warrant that you have the right, power, and authority to enter into these Terms of Use on behalf of such corporation, government entity, or other legal entity. If you do not meet all of these requirements, you may not access or use our Website.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Website thereafter. However, any changes to the governing law and jurisdiction as well as dispute resolution provisions in these Terms (see Sections 22 and 23 herein) will not apply to any Disputes (as defined below) for which the parties have actual notice on or prior to the date the change is posted on the Website. When we make changes to these Terms, we will revise the “Last Modified” date above. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITE
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, podcasts, graphics, logos, and the design, selection, and arrangement thereof) are owned by or licensed to MiB and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only, unless we agree otherwise in writing. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features. You may view, listen to, and share our content for personal use (including via social media sharing tools), but you may not reproduce, sell, or distribute it without our written permission.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Copy, scrape, or republish our content without permission.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: meninblazers@gmail.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MiB. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARKS
The Men in Blazers name, the Men in Blazers logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MiB or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate MiB, a MiB employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm MiB or users of the Website or expose them to liability.
To interfere with or disrupt the Website or its security.
To attempt to access restricted areas of the Website.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
PODCASTS, SHOWS, AND EDITORIAL CONTENT
Our content, including podcasts, videos, articles, newsletters, and related material, is provided for general informational and entertainment purposes only. It should not be relied upon as professional, legal, medical, or financial advice. Opinions expressed in podcasts, videos, or articles are those of the hosts or contributors and do not necessarily reflect the views of MiB.
ADVERTISING, SPONSORSHIPS, AND AFFILIATE LINKS
The Website may include paid advertisements, sponsored content, and affiliate links (which may earn us a commission if you make a purchase). We aim to clearly label sponsored or affiliate content where required by law. We are not responsible for the products, services, or claims made by advertisers or sponsors. Any transactions you make with third parties are solely between you and them.
USER CONTRIBUTIONS
The Website may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and that all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MiB, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. You agree not to submit content that is unlawful, defamatory, or infringing.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for MiB.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MiB AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CONTENT STANDARDS
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
A statement that the information in the DMCA Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
Our designated Copyright Agent to receive DMCA Notices is: [Copyright Agent Name], [Copyright Agent Address], [Copyright Agent Phone], [Copyright Agent Email].
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MiB, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MiB. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
PRIVACY PRACTICES
All information we collect on this Website is subject to our Privacy Notice at [INSERT AS HYPERLINK TO MIB’S UPDATED GENERAL PRIVACY NOTICE]. By using the Website, you consent to all actions taken by us with respect to your information consistent with our Privacy Notice.
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are [governed by our Terms of Sale [INSERT AS LINK TO TERMS OF SALE], which are hereby incorporated into these Terms of Use] OR [set forth below].
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the State of New York in the United States. We provide our Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIB NOR ANY PERSON ASSOCIATED WITH MIB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MIB NOR ANYONE ASSOCIATED WITH MIB REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MIB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL MIB BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless MiB from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction), except that the provisions in Section 24 of these Terms of Use (collectively, the “Arbitration Agreement”) shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (or the “FAA” or “Act”).
In the event arbitration and small claims court are unavailable or you and MiB mutually agree in writing to waive the arbitration requirements set forth below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and borough of Manhattan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS RELIEF & COLLECTIVE ACTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. SUBJECT TO LIMITED EXCEPTIONS, YOU AND MIB ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A DISPUTE. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITH THE EXCEPTION OF DISPUTES RESOLVED IN SMALL CLAIMS COURT, ANY DISPUTE OF ANY KIND BETWEEN YOU AND US ARISING UNDER THESE TERMS SHALL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Disputes that Must Be Arbitrated
Except as specifically stated herein, you and MiB agree that any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and MiB arising out of or relating in any way to your access to or use of the Website, any products or other content sold or distributed through the Website, any aspect of the relationship or transactions between us, or these Terms (and prior versions of the same), including claims and disputes that arose between us before the respective effective date of such Terms (each, a “Dispute,” and collectively, “Disputes”) that are not resolved informally shall be resolved exclusively by final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Section 23. Notwithstanding anything herein to the contrary, this Section 23 does not preclude any party from asserting claims or seeking relief in small claims court if such claims qualify, remain in small claims court, and advance solely on an individual, non-class basis.
Small Claims Court
Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter qualifies for and remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
Informal Dispute Resolution
You and MiB agree to try to resolve any dispute informally in good faith before initiating any formal dispute resolution proceeding in arbitration or otherwise.
If you have a dispute with MiB, you must first send a written notice to: Men in Blazers c/o Eisner Amper, 733 3rd Ave Floor 9, New York, NY 10017, or by email to meninblazers@gmail.com.
Your notice must include: (i) your name and relevant contact details (e.g., the email address(es) associated with your relationship with MiB, if applicable); (ii) a description of the nature or basis of the Dispute; and (iii) the specific relief sought (e.g., how you’d like to resolve the Dispute).
If MiB has a Dispute with you, MiB will similarly send you notice at the email or mailing address (or through other contact information) that we have on file for you.
You and MiB agree to use good faith efforts to resolve the Dispute informally for at least 60 days after a complete notice is received. If the Dispute is not resolved within that period, either party may commence arbitration as described below.
Binding Arbitration
If we do not resolve a Dispute by informal dispute resolution or in small claims court, the Dispute will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any award granted by the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitration of any Dispute shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the rules of JAMS, including, as applicable, the JAMS Comprehensive Arbitration Rules and Procedures, Streamlined Arbitration Rules and Procedures and/or any Mass Arbitration Procedures and Guidelines then in effect (collectively, the “JAMS Rules”), to the extent applicable to the Dispute at hand, as modified by this Section 23. You agree that, by agreeing to these Terms of Use (such as by virtue of continuing to use our Website following our posting of any new or updated Terms), the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of these Terms of Use, including this Section 23.
The arbitration will be conducted before a single arbitrator. In addition, it shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. The arbitrator will have exclusive authority to resolve all Disputes, including those relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that this Section 23, in whole or in part, is void, voidable or otherwise invalid.
In addition, you and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with this Section 23, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator or an arbitrator that will do so.
Procedures
If you seek arbitration or elect to file a small claim court action, you must first send MiB, by certified mail, a written notice of your claim (a “Notice”) to the following address: Men in Blazers c/o Eisner Amper, 733 3rd Ave Floor 9, New York, NY 10017 (“Notice Address”). If MiB initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or MiB, must: (i) describe the nature and basis of the claim or dispute; and (ii) describe the specific relief sought (the “Demand”). If you and MiB do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MiB may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual Dispute or controversy.
If we are unable to resolve the claim within 30 days after the Notice is received, you may commence arbitration with JAMS at https://www.jamsadr.com/submit. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
Waiver of Class Relief & Collective Action
In any dispute, neither you nor MIB will be entitled to BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS AND FOR YOUR OWN LOSSES ONLY. PURSUANT TO THIS SECTION 23, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND MIB ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THE ARBITRATION PROVISION IN THIS SECTION 23, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS ARBITRATION PROVISION.
Survival
This Section 23 shall survive the termination of these Terms. If some or all of this Section 23 is found to be unenforceable, then: (i) this Section 23 shall be null and void, in whole or in part (as applicable), but the remaining provisions of these Terms shall remain in full force and effect; and (ii) exclusive jurisdiction and venue for any claims will be as set forth above.
WAIVER AND SEVERABILITY
No waiver by MiB of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MiB to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and MiB with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
CONTACT US
If you have any questions about these Terms of Use, you may contact us by emailing meninblazers@gmail.com or writing to: Men in Blazers, 2 East 28th Street, Box 608, New York, NY, 10016
