TERMS OF USE

Loehmann’s welcomes you to www.loehmanns.com (the “Site).  The following terms and conditions (the “Terms of Use”) govern your access to and use of the Site.  Please read them carefully.

BY ACCESSING THE SITE OR USING THE INFORMATION, TOOLS, FEATURES, AND FUNCTIONALITY LOCATED ON IT (COLLECTIVELY THE “SERVICE”), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, AS THEY MAY BE AMENDED FROM TIME TO TIME.

YOU MAY NOT USE THE SERVICE AND YOU MAY NOT ACCEPT THESE TERMS OF USE IF YOU ARE NOT OF A LEGAL AGE TO FORM A BINDING CONTRACT.  BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY THESE TERMS OF USE.

1.    User Information.  In order to access or use some parts of the Site or the Service, you may be required to submit certain personal information.  Our information collection and use policies with respect to the Site are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes.  When submitting information to us, you agree to provide only true, accurate, current and complete information, and you accept all responsibility for all activities that occur under your account.  We reserve the right, in our sole discretion and without notice to you, to terminate your account or to restrict your access to all or part of the Site or the Service for any reason, including, without limitation, for extended periods of inactivity.

2.    Submitted Materials.  Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy.  By submitting, posting, or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) grant us and our affiliates, subject to our privacy policy, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  In addition, you agree to permit any other Site user to access, view, store, or reproduce your Submitted Materials for his or her personal, non-commercial use consistent with these Terms of Use.  We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

3.    Private or Sensitive Information on Public Forums.  It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.  It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and, in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.

4.    Rules of Conduct.  While accessing or using the Site, the Service, and the Site Content, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:

·         impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

·         reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Site, the Service or the Site Content, in whole or in part, for commercial purposes without our prior written consent;

·         contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Site without our prior written permission;

·         alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;

·         obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;

·         engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;

·         use the Site or the Service in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site or the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; 

·         circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support any one else’s attempt to do any of the foregoing) with the Site, the Service, or any software on the Site;

·         upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

·         use the Site, the Service, or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;

·         upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or

·         use the Site, the Service, or any Site Content, in whole or in part, in violation of any applicable law. 

5.    Sweepstakes, and Contests, and Similar Promotions.  Any sweepstakes, contest, or similar promotion made available through the Site may be governed by specific rules that are separate from these Terms of Use.  By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules in addition to these Terms of Use.  We urge you to read the applicable rules, if any, which will be linked from the particular activity, and to review any applicable security and privacy statements, which, in addition to these Terms of Use, will govern any information you submit in connection with such activities.

6.    Electronic Communications.  You hereby consent to receive communications from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.

7.    Proprietary Rights.  As between you and us, and except for your Submitted Materials (as defined in Section 3 above), we own, solely and exclusively, all rights, title and interest in and to the Site, the Service, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein.  Your use of the Site or the Service does not grant to you ownership or title of, in or to any Site Content or any other part of the Site or the Service.

8.    Limited License.  The Site Content is provided by Loehmann’s as a service to Site users.  Except as specifically provided herein, none of the Site Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without our prior written permission.  Subject to the terms and conditions set forth in these Terms of Use, Loehmann’s grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and Site Content on your computer or other Internet-capable device, provided that you comply fully with these Terms of Use.  The Site and Site Content are for your personal and noncommercial use only.  Any commercial use, distribution, publishing or exploitation of the Site, or any Site Content, is not allowed unless you have received our prior written permission.

9.    Trademarks.  The trademarks, logos, service marks and trade names that may be displayed on the Site are registered and unregistered trademarks of Loehmann’s and other persons (collectively, the “Trademarks”), and may not be used unless authorized expressly on the Site, in these Terms of Use, or by the applicable Trademark owner.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.  Our use of third-party Trademarks does not, in itself, constitute an endorsement of any third party or its products or services.

10. Copyright Claims.  We respect the intellectual property rights of others, and require that the people who use the Site do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us:  (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

Loehmann’s Inc.
Attn:  Mindy Novack
2500 Halsey St.
Bronx, NY 10461
Tel: 718-518-2779
Fax: 718-430-5363
e-mail: copyrightdmca@loehmanns.com

It is our policy to terminate the accounts of users who repeatedly infringe third-party copyrights.

11. Right to Monitor and Editorial Control.  We reserve the right (but do not have nor assume any obligation) to monitor and/or review information and materials submitted to the Site.  We are not responsible for any such materials.  However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request (subject to our Privacy Policy), or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion, are objectionable or in violation of these Terms of Use, any of our policies or applicable law.  We may also impose limits on certain features or restrict your access to part or all of the Site or the Service, without notice or penalty, if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.

12. Indemnification.  You agree to defend, indemnify and hold Loehmann’s, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, the Service, or the Site Content; your violation of these Terms of Use; or the posting or transmission of any Submitted Materials on or through the Site by you, including, but not limited to, any third-party claim that any such materials you provide infringe any third party proprietary right.

13.  Item Descriptions, Availability, and Pricing.  Descriptions or images of, or references to, products or services on the Site do not express or imply our endorsement of such products or services.  In addition, while we strive to accurately describe and display our products and services on the Site, items on the Site may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Site or our advertising on other Web sites).  The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.  For this reason, and others, we cannot and do not guarantee the accuracy or completeness of the information on the Site, including prices, product images, specifications, and indications of availability.  We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

Our acknowledgement of your order means that we’ve received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed.  For obvious reasons, we must verify an item’s availability before it is shipped.  In some cases, merchandise displayed for sale on the Site may not be available in stores. Products vary by store.

We will also verify the price of an item before it is shipped out.  If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.  If an item’s correct price is higher than our stated price, if the item is no longer available, or we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

14. Purchases. You may only order items from the Site if, and you hereby represent and warrant that, you are domiciled in the United States and you are at least 18 years old or the age of majority in your jurisdiction.  The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.  You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Loehmann’s.  You agree to pay all applicable taxes and shipping costs.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.  Certain products that you purchase on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase.

For our Returns and Shipping policies, please visit this page.  Any shipping times listed at such page are indicative only and we shall have no liability to you for any delay or failure to deliver products within the estimated timescales.

15. Resale

Loehmann’s only sells its merchandise to consumers and does not make our products available to other retailers or wholesalers for resale.  Suspected resale of merchandise purchased at Loehmann’s for personal or business profit is strictly prohibited.  Any order found to have characteristics of reselling will be cancelled.  Any attempted return of merchandise intended for resale will be refused.  We reserve the right to cancel all subsequent orders or refuse all subsequent returns from such customers. We may modify this policy at any time without prior notice. This policy applies to all purchases made at our retail stores, and on www.loehmanns.com.

16.Linking to the Site.  You agree that, without our prior express permission: (a) if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by, or on behalf of, us to be displayed on another web site; and (c) you may not link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  The posting or creation of a link to the Site signifies that you have read the restrictions described herein and agree to abide by them.  We may, in our sole discretion, insist that any link to the Site be discontinued, and we may revoke your right to link to the Site from any other web site at any time upon written notice to you.

17.Third Party Web Sites.  The Site may include links to other sites that we think you might find interesting.  Such other sites are not under our control and therefore we have not reviewed them and we are not responsible for their content. You click through at your own risk, and Loehmann’s makes no representation or warranties about the content, completeness or accuracy of the sites linked to this site. A link to the site does not imply our endorsement or approval of its content or source.

18. DISCLAIMER OF WARRANTIES.  THE SITE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE” BASIS.  LOEHMANN’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

LOEHMANN’S MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  LOEHMANN’S MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS.  ANY PRODUCTS AND SERVICES PROVIDED VIA THE SITE ARE PROVIDED BY US (OR OUR LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR THE LICENSOR OR SUPPLIER.

19. LIMITATION OF LIABILITY.  IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICE, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITE OR THE SERVICE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.  YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY. 

20. Jurisdictional Issues.  The Site is intended for users who are located in the United States of America.  To the fullest extent permitted by applicable law, we do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

21. Termination.  We may terminate, change, suspend or discontinue any aspect of the Site or the Service at any time.  We may restrict, suspend or terminate your access to the Site, the Service, or any Site Content if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.

22. Miscellaneous.  These Terms of Use and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York.  You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York.  Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.                     

Effective Date: January 6, 2012