TERMS AND AGREEMENTS

WELCOME TO BRKLYN EMPIRE CLOTHING COMPANY™ WORLD WIDE WEB STORE. PLEASE REVIEW THE FOLLOWING BASIC TERMS THAT GOVERN YOUR USE OF, AND PURCHASE OF, PRODUCTS FROM OUR STORE. PLEASE NOTE THAT YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THOSE TERMS (THE "AGREEMENT").

PRIVACY
BRKLYN EMPIRE CLOTHING COMPANY™ RESPECTS OUR CUSTOMERS' ACCOUNT INFORMATION AS PRIVATE AND CONFIDENTIAL INFORMATION AND WILL NEVER SHARE THIS WITH ANY OUTSIDE AFFILIATIONS OR INDIVIDUALS. YOUR INFORMATION IS SECURED AND ENCRYPTED WITH THE SECURE SOCKET LAYER SOFTWARE VIA PAYPAL. WE DON'T STORE YOUR FULL CREDIT CARD NUMBER OR INFO.

GENERAL
WE MAY, FROM TIME TO TIME, CHANGE THE TERMS THAT GOVERN THE USE OF OUR SITE. THE USE OF OUR SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. WE MAY CHANGE, MOVE OR DELETE PORTIONS OF, OR MAY ADD TO, OUR SITE FROM TIME TO TIME.

PRODUCT INFORMATION
BRKLYN EMPIRE CLOTHING COMPANY™ PRODUCTS DISPLAYED AT THE SITE ARE AVAILABLE IN SELECT STORES IN THE UNITED STATES AND SELECT FOREIGN MARKETS WHILE SUPPLIES LAST. IN SOME CASES, MERCHANDISE DISPLAYED FOR SALE AT THE SITE MAY NOT BE AVAILABLE IN STORES AND VICE VERSA. THE PRICES DISPLAYED AT THE SITE ARE QUOTED IN U.S. DOLLARS AND ARE VALID AND EFFECTIVE ONLY IN THE UNITED STATES.

DELIVERY
PURCHASED ITEMS WILL BE SHIPPED WITHIN 7 BUSINESS DAYS OF THE ORDER, ALTHOUGH MOST WILL BE WITHIN 3 TO 5 BUSINESS DAYS IF ITEMS ARE IN STOCK. IF YOU STILL HAVE NOT RECEIVED YOUR PURCHASE AFTER 2 WEEKS, PLEASE NOTIFY [email protected]. BUYER ASSUMES ANY AND ALL DUTIES AND CUSTOMS COSTS FOR ORDERS SHIPPING OUTSIDE OF THE U.S. AND WILL BE CONTACTED IN ADVANCE SHOULD ADDITIONAL CHARGES NEED TO BE MADE. BRKLYN EMPIRE CLOTHING COMPANY™ IS NOT RESPONSIBLE FOR ANY LOST, STOLEN OR DAMAGED SHIPMENTS. ALL DOMESTIC SHIPMENTS ARE INSURED AND THE BUYER ASSUMES ALL RESPONSIBILITIES OF CLAIMS MADE WITH SHIPPING CARRIER.

PRICES, SHIPPING & HANDLING CHARGES
ALL PRICES MAY INCLUDE ADDITIONAL CHARGES FOR SHIPPING AND HANDLING OR TAXES, IF DELIVERED TO CUSTOMERS WITHIN THE UNITED STATES. FOR CUSTOMERS OUTSIDE THE UNITED STATES, ADDITIONAL CHARGES MAY ALSO APPLY.

PRODUCT AVAILABILITY
ALTHOUGH AVAILABILITY MAY BE INDICATED ON THE SITE, WE CANNOT GUARANTEE PRODUCT AVAILABILITY AND PRODUCTS, NONETHELESS, MAY NOT BE AVAILABLE FOR IMMEDIATE DELIVERY. WE RESERVE THE RIGHT, WITHOUT LIABILITY OR PRIOR NOTICE, TO REVISE, DISCONTINUE, OR CEASE TO MAKE AVAILABLE ANY OR ALL PRODUCTS OR TO CANCEL ANY ORDER. IF THERE IS ANY REVISION, DISCONTINUANCE, OR CESSATION, WE MAY, IN OUR DISCRETION, SHIP PRODUCTS WHICH HAVE SUBSTANTIALLY SIMILAR FUNCTIONALITY AND SPECIFICATIONS TO THE PRODUCTS ORDERED OR CANCEL YOUR ORDER.

RETURN POLICY
ALL SALES ARE FINAL.

COLORS
WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS OF OUR PRODUCTS THAT APPEAR ON THE SITE. HOWEVER, AS THE ACTUAL COLORS YOU SEE WILL DEPEND ON YOUR MONITOR, WE CANNOT GUARANTEE YOUR MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE.

SITE CONTENTS
UNLESS OTHERWISE NOTED, ALL MATERIALS, INCLUDING IMAGES, ILLUSTRATIONS, DESIGNS, ICONS, PHOTOGRAPHS, VIDEO CLIPS, AND WRITTEN AND OTHER MATERIALS THAT APPEAR AS PART OF THIS SITE (COLLECTIVELY, THE "CONTENTS") ARE COPYRIGHTS, TRADEMARKS, TRADE DRESS AND/OR OTHER INTELLECTUAL PROPERTIES OWNED, CONTROLLED OR LICENSED BY BRKLYN EMPIRE CLOTHING COMPANY™ COLLECTIVELY, AND ITS SUBSIDIARIES AND/OR AFFILIATES (CLARENCE EMERY) THE SITE AS A WHOLE IS PROTECTED BY COPYRIGHT AND TRADE DRESS, ALL WORLDWIDE RIGHTS, TITLES AND INTERESTS IN AND TO WHICH ARE OWNED BY BRKLYN EMPIRE CLOTHING COMPANY™

THE CONTENTS OF OUR SITE, AND THE SITE AS A WHOLE, ARE INTENDED SOLELY FOR PERSONAL, NONCOMMERCIAL (OTHER THAN FOR THE PURCHASE OF MERCHANDISE FROM OUR SITE) USE BY THE USERS OF OUR SITE. YOU MAY DOWNLOAD OR COPY THE CONTENTS AND OTHER DOWNLOADABLE MATERIALS DISPLAYED ON THE SITE FOR YOUR PERSONAL USE ONLY. NO RIGHT, TITLE OR INTEREST IN ANY DOWNLOADED MATERIALS OR SOFTWARE IS TRANSFERRED TO YOU AS A RESULT OF ANY SUCH DOWNLOADING OR COPYING. YOU MAY NOT REPRODUCE (EXCEPT AS NOTED ABOVE), PUBLISH, TRANSMIT, DISTRIBUTE, DISPLAY, MODIFY, CREATE DERIVATIVE WORKS FROM, SELL OR PARTICIPATE IN ANY SALE OF, OR EXPLOIT IN ANY WAY, IN WHOLE OR IN PART, ANY OF THE CONTENTS, THE SITE, OR ANY RELATED SOFTWARE.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
ALL COMMENTS, FEEDBACK, POSTCARDS, SUGGESTIONS, IDEAS, AND OTHER SUBMISSIONS DISCLOSED, SUBMITTED OR OFFERED TO BRKLYN EMPIRE CLOTHING COMPANY™ ON OR BY THIS SITE OR OTHERWISE DISCLOSED, SUBMITTED OR OFFERED IN CONNECTION WITH YOUR USE OF THIS SITE (COLLECTIVELY, "COMMENTS") SHALL BE AND REMAIN BRKLYN EMPIRE CLOTHING COMPANY™ PROPERTY. SUCH DISCLOSURE, SUBMISSION OR OFFER OF ANY COMMENTS SHALL CONSTITUTE AN ASSIGNMENT TO BRKLYN EMPIRE CLOTHING COMPANY OF ALL WORLDWIDE RIGHTS, TITLES AND INTERESTS IN ALL COPYRIGHTS AND OTHER INTELLECTUAL PROPERTIES IN THE COMMENTS. THUS, BRKLYN EMPIRE CLOTHING COMPANY™ WILL OWN EXCLUSIVELY ALL SUCH RIGHTS, TITLES AND INTERESTS AND SHALL NOT BE LIMITED IN ANY WAY IN ITS USE, COMMERCIAL OR OTHERWISE, OF ANY COMMENTS. BRKLYN EMPIRE CLOTHING COMPANY™ IS AND SHALL BE UNDER NO OBLIGATION (1) TO MAINTAIN ANY COMMENTS IN CONFIDENCE; (2) TO PAY TO USER ANY COMPENSATION FOR ANY COMMENTS; OR (3) TO RESPOND TO ANY USER COMMENTS.

YOU AGREE THAT NO COMMENTS SUBMITTED BY YOU TO THE SITE WILL VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHT(S). YOU FURTHER AGREE THAT NO COMMENTS SUBMITTED BY YOU TO THE SITE WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY COMMENTS YOU MAKE.

YOU AGREE THAT BRKLYN EMPIRE CLOTHING COMPANY™ MAY USE AND/OR DISCLOSE INFORMATION ABOUT YOUR DEMOGRAPHICS AND USE OF THE SITE IN ANY MANNER THAT DOES NOT REVEAL YOUR IDENTITY. BY PARTICIPATING IN SITE SWEEPSTAKES, CONTESTS, PROMOTIONS, AND/OR REQUESTING PROMOTIONAL INFORMATION OR PRODUCT UPDATES, YOU AGREE THAT BRKLYN EMPIRE CLOTHING COMPANY™ MAY USE YOUR INFORMATION FOR MARKETING AND PROMOTIONAL PURPOSES.

BRKLYN EMPIRE CLOTHING COMPANY™ COMMUNICATIONS TO YOU
YOU AGREE THAT BRKLYN EMPIRE CLOTHING COMPANY™ MAY SEND ELECTRONIC MAIL TO YOU FOR THE PURPOSE OF ADVISING YOU OF CHANGES OR ADDITIONS TO THIS SITE, ABOUT ANY OF BRKLYN EMPIRE CLOTHING COMPANY™ PRODUCTS OR SERVICES, OR FOR SUCH OTHER PURPOSE(S) AS BRKLYN EMPIRE CLOTHING COMPANY™ DEEMS APPROPRIATE.

DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BRKLYN EMPIRE CLOTHING COMPANY™ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INACCURACY DISCLAIMER
FROM TIME TO TIME THERE MAY BE INFORMATION ON BRKLYNEMPIRE.COM THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. IF YOU ARE NOT COMPLETELY SATISFIED WITH YOUR BRKLYN EMPIRE CLOTHING COMPANY™ PURCHASE PLEASE SEE OUR RETURN POLICY.

INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BRKLYN EMPIRE CLOTHING COMPANY™ HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE.

MISCELLANEOUS
UNLESS OTHERWISE SPECIFIED AND EXCEPT TO THE EXTENT BRKLYN EMPIRE CLOTHING COMPANY™ PRODUCTS ARE OFFERED FOR SALE IN THE UNITED STATES THROUGH THIS SITE, THIS SITE AND THE CONTENTS THEREOF ARE DISPLAYED SOLELY FOR THE PURPOSE OF PROMOTING BRKLYN EMPIRE CLOTHING COMPANY™ PRODUCTS AND SERVICES AVAILABLE IN THE UNITED STATES AND SELECT FOREIGN MARKETS. THIS SITE IS CONTROLLED AND OPERATED BY BRKLYN EMPIRE CLOTHING COMPANY™ FROM ITS OFFICE IN BROOKLYN, NEW YORK.

THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BY THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK, COUNTY OF KINGS.

TERMINATION
THIS AGREEMENT IS EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR BRKLYN EMPIRE CLOTHING COMPANY™. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME. BRKLYN EMPIRE CLOTHING COMPANY™ ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME AND MAY DO SO IMMEDIATELY WITHOUT NOTICE, AND ACCORDINGLY DENY YOU ACCESS TO THE SITE, IF IN BRKLYN EMPIRE CLOTHING COMPANY™ SOLE DISCRETION YOU FAIL TO COMPLY WITH ANY TERM OR PROVISION OF THIS AGREEMENT. UPON ANY TERMINATION OF THIS AGREEMENT BY EITHER YOU OR BRKLYN EMPIRE CLOTHING COMPANY™, YOU MUST PROMPTLY DESTROY ALL MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE, AS WELL AS ALL COPIES OF SUCH MATERIALS, WHETHER MADE UNDER THE TERMS OF THIS AGREEMENT OR OTHERWISE.

Please Allow 7-10 Business Days For Domestic Orders.

Please Allow 10-21 Business Days for International Orders.

No Returns Or Exchanges. All Sales Are Final.

THANK YOU FOR YOUR PATRONAGE