Privacy Notice

This privacy policy is intended for all users of Upscale Menswear (upscalemenswear.com).

Upscale Menswear is dedicated to respecting and protecting the privacy of our clients. All information you provide, such as E-mail addresses or any additional personal information on or through any forms found on our site, will be used solely to support your relationship with Upscale Menswear. We strive to develop innovative methods to better serve our users. Our services are designed and operate with the protection of your privacy in mind. This Privacy Policy outlines the types of personal information we gather when you use Upscale Menswear’s services, as well as some of the steps we take to safeguard it.

By visiting this web site you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our services.

This privacy policy addresses the following areas:

  • What personally identifiable information Upscale Menswear collects.
  • What personally identifiable information third parties collect through the web site.
  • What organization collects the information.
  • How Upscale Menswear uses the information.
  • With whom Upscale Menswear may share user information.
  • What choices are available to users regarding collection, use and distribution of the information.
  • What types of security procedures are in place to protect the loss, misuse or alteration of information under the control of Upscale Menswear
  • How users can correct any inaccuracies in the information.

If users have questions or concerns regarding this statement, they should contact Upscale Menswear at newyorkfashionsinc@yahoo.com. Any violation of this privacy policy will lead to suspension of user privileges and permanent removal from access to this web site.

Information Collection

Upscale Menswear is the sole owner of the information collected on our site. Upscale Menswear collects and monitors information from our users at several different points on our web site.

Registration

In order to use the services offered on our web site, a user must first complete the registration form. During registration a user is required to disclose contact information (such as name and email address). If offered, it is optional for the user to disclose demographic information (such as income level and gender), and unique identifiers (such as a username). We do encourage full disclosure of these details in order for Upscale Menswear to provide a more customized experience on our site.

While Upscale Menswear exercises all due caution to protect your privacy, Upscale Menswear will not be held responsible for parties who attempt to illegally access our web site and intercept or access transmissions or private communications.

Unless described otherwise in this privacy policy, Upscale Menswear will not sell any information. All information collected by Upscale Menswear will be used solely by Upscale Menswear to deliver targeted newsletters and advertisements.

Information Use - "Profiles"

Upscale Menswear stores information collected through cookies, log files and/or third interests in your user profile. A profile is stored information that we keep on individual users detailing specific viewing preferences. Subsequently, this collected information is linked to users’ personally identifiable information,which provides directs pertinent marketing promotions to you and helps us improve site content for the user. Upscale Menswear does not share your profile with other third parties, unless specifically mentioned elsewhere in this policy.

Cookies

A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. Cookies, if used, will be used on Upscale Menswear to remember and recall login names, login information, previous purchases, potential purchases, as well as other items to help us better understand users’ needs. By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use Upscale Menswear. The only drawback to this is that the user will be limited in some areas. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. For more details, see the above "Profile" section. We have no control over any third party that may also use cookies to store personal information. However, we do not provide this information to any third party.

Log Files

Like most standard web site servers we may use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, site administer, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Sharing

Legal Disclaimer

Though we exercise all due caution to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. This includes, but is not limited to, any defense to any claim in which Upscale Menswear is a defendant, to assist in any investigations by law enforcement agencies, or violations of any Upscale Menswear policy.

Aggregate Information (non-personally identifiable)

While Upscale Menswear will not rent, sell or share your information in general, there are certain instances when your information may be used. Upscale Menswear does share aggregated demographic information and in some cases your e-mail address with others. This is how your information will be shared:

If Upscale Menswear merges with another company, this aggregate information will be shared with the merging company. These are the instances in which we will share users’ personal information: As agreed to at the various sections under Upscale Menswear; Upscale Menswear does not rent, sell, or share personal information about you with other people or nonaffiliated companies except under the following circumstances:

  • We have your consent.
  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
  • We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures.
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Upscale Menswear terms of use, or as otherwise required by law; We transfer or lease information about you if Upscale Menswear is acquired by or merged with another company. In this event, Upscale Menswear will notify you before information about you is transferred and becomes subject to a different privacy policy; we do not support any illegal use of your private information and will make every effort to stop such practices in order to protect your privacy.
  • Business Transitions: In the event Upscale Menswear  goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via e-mail, as well as with a prominent notice on our Web site for at least 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

Links

This web site may contain links to other sites. Please be aware that we, Upscale Menswear, are not responsible for the privacy practices of sites other than our own. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site. Upscale Menswear may have co-branding and/or framing relations with other companies. In this case, you should be familiar with the privacy policies of both companies, since you may be subject to each of them.

Contacting Upscale Menswear

If you have questions or concerns about the Upscale Menswear guidelines, policies, procedures, you can contact us at service@upscalemenswear.com.

Security

If we decide to change our privacy policy, changes will be posted to this privacy statement, our homepage, and other places we deem conspicuous and appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Upscale Menswear will use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection, users will be notified via e-mail. Users will then be presented with a choice as to whether or not we become authorized to use their information in this different way. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users (who have opted to receive communications from Upscale Menswear), notifying them of the changes in our privacy practices.

Upscale Menswear and its affiliates maintain professional standards and have a high quality of respect to our members as well as our guest and affiliates

 

TERMS OF USE

At UpscaleMenswear.com, we always appreciate your business. If you would like to provide feedback about ourUpscaleMenswear.com web site, or recommend a way we can improve the buying experience, please give us a call at 1-844-238-7722 or email us at service@upscalemenswear.com.

UpscaleMenswear.com, Inc. provides services to you subject to the terms and conditions included in this Terms of Use and other customer service pages which we have prepared to help make your shopping experience with Upscale Menswear as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this web site or any other Upscale Menswear web site or service, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use the Upscale Menswear web site.

Privacy

Please review Upscale Menswear's Privacy Policy, which also applies to your visit to and use of any Upscale Menswear web site.

Ownership and Copyright

This UpscaleMenswear.com web site is owned and operated by Upscale Menswear. Unless otherwise noted, all design and content included on this web site, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of Upscale Menswear (or is used under license to Upscale Menswear) and is protected by United States and international copyright laws.

Trademarks

UPSCALE MENSWEAR, UPSCALEMENSWEAR.COM, NEW YORK FASHIONS, INC., and other marks indicated on Upscale Menswear's web site(s) are trademarks and/or service marks of Upscale Menswear. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Upscale Menswear. Upscale Menswear's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Upscale Menswear's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Upscale Menswear. All other trademarks related to the products sold on this web site are the sole property of their respective owners.

Nothing on this web site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the web site without the express written permission of Upscale Menswear or the trademark or service mark owner. Neither the names "UpscaleMenswear.com" or "Upscale Menswear" nor Upscale Menswear's logos may be used for any purpose without Upscale Menswear's prior written consent. Upscale Menswear's logos may not be used as a "hot" link to any other web site without Upscale Menswear's prior written consent.

Use of Website

Upscale Menswear's web site(s) and content are intended solely for personal and non commercial use by visitors and on-line shoppers. Any use of any Upscale Menswear web site or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Upscale Menswear web site. However, you may download, electronically copy and print any of the content of a Upscale Menswear web site for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Upscale Menswear web site in any manner that may be harmful to the operation of the web site or its content.

Your Account

If you access or use any Upscale Menswear web site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. Upscale Menswear does sell products for children, but only sells them to adults who can purchase with a credit card. If you are under 18 years old, you may use UpscaleMenswear.com only with the involvement of a parent or guardian. Upscale Menswear reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Comments and Suggestions

We appreciate hearing from our customers and welcome your comments and suggestions regarding Upscale Menswear's web site(s) and the products offered for sale by Upscale Menswear, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

If you do submit comments or suggestions, you should be aware that Upscale Menswear's policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Upscale Menswear values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Upscale Menswear will become the property of Upscale Menswear and shall not be subject to any obligation of confidentiality on the part of Upscale Menswear. Upscale Menswear shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Upscale Menswear shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

Product Descriptions

Upscale Menswear makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Upscale Menswear cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Upscale Menswear does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. If a product offered by Upscale Menswear is not as described, your sole remedy is to return it in unused condition.

Other Sites

Upscale Menswear's web site(s) contain links to web sites that are not maintained by Upscale Menswear. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this web site does not imply Upscale Menswear's endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.

Disclaimer Of Warranties And Limitation Of Liability

THE MATERIALS AND INFORMATION PROVIDED BY UPSCALE MENSWEAR ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UPSCALE MENSWEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU AGREE THAT YOUR ACESS TO, AND USE OF ALL UPSCALE MENSWEAR WEB SITES(S) IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UPSCALE MENSWEAR DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UPSCALE MENSWEAR DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM UPSCALE MENSWEAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UPSCALE MENSWEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. HOWEVER, THE FOREGOING DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF UPSCALE MENSWEAR'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW, INCLUDING ANY VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 et seq.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Upscale Menswear is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Upscale Menswear's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Upscale Menswear by you for accessing Upscale Menswear's web site(s).

Indemnity

You shall indemnify, defend, and hold harmless Upscale Menswear, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your wrongful acts or omissions arise from your wrongful use of this Website in violation of its terms. The foregoing indemnification provision shall not apply to the extent that any claims, demands, damages, costs, or liabilities, are the result of Upscale Menswear's own negligence, fraud, willful injury or willful violation of law.

Applicable Law

By visiting Upscale Menswear's web site(s), you agree that the law of state of Georgia, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Upscale Menswear. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Upscale Menswear relating to your access to and use of Upscale Menswear's web site(s).

Dispute Resolution

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Atlanta, Georgia.

Modifications

Upscale Menswear reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit any Upscale Menswear web site, your visit to and use of such web site will be subject to and bound by the then current version of these Terms of Use.

Date of Last Update of these Terms of Use: August 4, 2016.

Upscale Menswear's web site(s) are operated by New York Fashions, Inc. from its office in Atlanta, Georgia. Upscale Menswear makes no representations that the contents of any of its web site(s) are appropriate or available for use in other locations. Visitors who choose to access any Upscale Menswear web site from other locations do so on their own initiative and are responsible for compliance with applicable local law.

Once again, we thank you for your interest in Upscale Menswear. We hope that your experience at the Upscale Menswear web site is enjoyable.

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