By using this website (the "Site") and by purchasing products from us, you signify your agreement to these terms of use ("Terms"). If you do not agree to these Terms, please do not use this Site. This Site is owned and operated by Women's Apparel Group, LLC doing business as Boston Apparel Group (Boston Apparel Group). These Terms include and incorporate Boston Apparel Group's Privacy Policy and California Privacy Policy.  Both the Privacy Policy (including the California Privacy Policy) and Terms are legally binding on all users.

Boston Apparel Group may from time to time make changes to its Terms of Use. Accordingly, Boston Apparel Group reserves the right to revise or modify these Terms in whole or in part at any time. We will inform you of any update to our Terms by updating the "effective date" at the top of our Terms, and providing explanations of revised terms if deemed necessary in our sole discretion. The updated Terms shall replace any prior Terms and will be applicable to all current and past users of our web sites.  You are encouraged to review these Terms on a regular basis.

  If you do not agree with the updated Terms OF USE, please do not use or access our web site.

You may use the Site for legitimate shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or interfering with the functionality of the Site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Boston Apparel Group suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Boston Apparel Group, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Site. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Boston Apparel Group of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Boston Apparel Group will not be liable for any loss or damage arising from your failure to comply with this paragraph.

The Site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Boston Apparel Group, its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of the Site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOSTON APPAREL GROUP DOES NOT WARRANT THAT: (A) THE CONTENTS OF THE SITE (INCLUDING PRICING AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL BOSTON APPAREL GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE OR ITS CONTENTS, EVEN IF BOSTON APPAREL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGED LINKS. THE SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEB SITES OR RESOURCES. BECAUSE BOSTON APPAREL GROUP HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT BOSTON APPAREL GROUP IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BOSTON APPAREL GROUP SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

You agree to indemnify, defend, and hold harmless, Boston Apparel Group, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Boston Apparel Group reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Boston Apparel Group in asserting any available defenses.

Please note that any suggestions, materials, ideas or comments submitted to Boston Apparel Group shall be deemed not confidential. You hereby grant Boston Apparel Group an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever, and you represent and warrant to Boston Apparel Group that no such submissions will violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity. All such submissions are subject to the DMCA notice-and-takedown procedure described below. You should not send us any comments you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork

The Site is controlled and operated by Boston Apparel Group from its offices in the State of Massachusetts, United States of America. The Privacy Policy and these Terms are managed by Boston Apparel Group from its offices in the State of Massachusetts, United States of America. Although the Site can be accessed from other locations, by accessing the Site you agree that these Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the City and State of Boston, Massachusetts for any dispute arising hereunder. The Site is intended for residents of the United States only. No software from the Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

All of these Terms are material. Upon any breach by you of any such term, your right to access, download and otherwise use the Site, all materials obtained from the Site and all copies thereof shall immediately terminate.

If any of these Terms is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These Terms constitute the entire agreement between Boston Apparel Group and you relating to the subject matter herein. Boston Apparel Group shall have the right to change or modify these Terms at any time.

If you wish to notify Boston Apparel Group of an alleged copyright infringement for material posted on our Site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:
DMCA Complaints
c/o Privacy Officer
Boston Apparel Group
35 United Drive
West Bridgewater, Ma 02379
Email: PrivacyOfficer@BostonApparel.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:
DMCA Complaints
c/o Privacy Officer
Boston Apparel Group
35 United Drive
West Bridgewater, Ma 02379
Email: PrivacyOfficer@BostonApparel.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

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