Gordmans, Inc. - Terms and Conditions

Welcome to gordmans.com. These Terms and Conditions (“Site Terms”) govern your purchases from gordmans.com, including its mobile applications and microsites (collectively, the “Site”). Your use of the Site in any manner constitutes your agreement to be bound by these Site Terms, including Gordmans’ Privacy Policy.

IF AT ANY TIME YOU DO NOT OR CANNOT AGREE TO BE BOUND BY THESE SITE TERMS, YOU SHOULD CEASE USING THE SITE. YOUR ACCESS TO AND USE OF THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF THESE SITE TERMS, AND YOUR ONLY REMEDY IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS IS TO STOP ACCESSING OR USING THE SITE.

Site Content and Permitted Use

All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, “look and feel” and arrangement of such content (collectively, “Content”), contained on the Site is owned, controlled or licensed by or to Gordmans, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws. Except as expressly provided in these Site Terms, no part of the Site and no Content may be copied, reproduced, republished, posted, publicly displayed, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Gordmans’ express prior written consent.

You may download, print and store selected portions of the Content, provided that you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, (3) do not remove any proprietary notice language in all copies of the Content, and (4) make no modifications to any such information.

Our Site Terms May Change

Gordmans reserves the right to modify these Site Terms from time to time without prior notice. We may also modify or change the Site, or any portion of the Site, and interrupt the operation of the Site, or any portion of the Site, as necessary during the course of business. Your continued use of the Site after any such change or modification constitutes your acceptance of any such modifications. For this reason, we encourage you to review these Site Terms whenever you purchase products from us our use our site.

Compliance with Law and Site Security

You agree to use this Site only for lawful purposes. You may not use the Site or any Content for any purpose that prohibited by these Site Terms or that would in any way violate the security of this Site. This includes, without limitation, (1) using any “robot”, “spider”, “deep-link”, “page-scrape” or other program, automatic devise or methodology, to access, acquire, copy or monitor any portion of the Site or any Content, or (2) in any way reproducing or circumventing the structure, security or presentation of the Site or any Content. Gordmans reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Gordmans server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

Accounts and Passwords

Certain features or services offered on or through the Site may require you to open an account, including setting up a Gordmans ID and password (your “Gordmans ID”). You are responsible for maintaining the confidentiality of your Gordmans ID, and for any and all activity that occurs under your account. You agree to notify Gordmans immediately of any unauthorized use of your account or Gordmans ID, or any other breach of security.

Order Confirmations and Credit Card Charges

When you purchase items from the Site, Gordmans will send you an email confirmation of your order at the time of order, and another at the time of shipment. Please note that your credit card will be charged upon shipment of the merchandise.

Changes to Goods, Volume and Prices

Gordmans may make changes to any goods offered on the Site, or to the applicable prices for any such goods, at any time, without notice. The materials on the Site with respect to goods may be out of date, and Gordmans makes no commitment to update the materials on the Site with respect to such goods and services.

Gordmans offers merchandise to consumers through this Site. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. These restrictions may be applied, at Gordmans’ discretion, to purchases/orders placed by the same person, the same Gordmans account, the same credit card and/or orders that use the same billing or shipping address.

Errors and Inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Gordmans reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability. In the event that you purchase an item subject to any such errors, inaccuracies, or omissions, including incorrect information, pricing or discounts, Gordmans shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item. If your credit card has been charged for any order cancelled under this policy, Gordmans will issue a credit to your credit card.

Colors

Gordmans attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because your monitor's display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.

Gift Messages

When purchasing a gift on the Site, Gordmans allows you to provide the content of gift messages to be sent with the merchandise. Please refrain from using any language that is profane, obscene, threatening or otherwise vulgar in your gift messages, and Gordmans reserves the right to remove, restrict or otherwise redact any message content that it determines, in its sole discretion, violates this policy or may otherwise harm another individual.

Privacy Policy and Other Policies

Gordmans’ Privacy Policy, and other policies implemented from time to time by Gordmans, also govern and apply to your use of the Site, and they are incorporated herein by this reference.

Please see Gordmans’ Privacy Policy for information on how Gordmans collects, uses and shares information about its users.

Please see the following policies for information on other Gordmans programs and in-store policies: In-Store Return Policy, Layaway Policy and gRewards™ Terms And Conditions. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Disclaimers and Limitations of Liability

GORDMANS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GORDMANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GORDMANS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GORDMANS SERVICES.

IF YOU DISAGREE WITH THESE SITE TERMS, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GORDMANS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR SOLICITATIONS, ADVERTISING, PURCHASES ON THIS SITE, OR FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES WHATSOEVER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GORDMANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GORDMANS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT PAID FOR GOODS OR SERVICES THROUGH THE SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Choice of Law, Venue

This Site is controlled by Gordmans, Inc. in the State of Nebraska, USA. The mailing address for Gordmans, Inc. is 1926 South 67th Street Omaha, NE 68106. By purchasing goods from the Site, you agree that the offer and sale of those goods are governed exclusively by the laws of, the State of Nebraska and the United States of America, without giving effect to any principles of conflicts of laws. You also agree that any legal or equitable claims against Gordmans, Inc., arising from or related to your purchase from the Site must be brought in the state or federal courts located in Douglas County, Nebraska.

Class Action Waiver

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS.

Return Policy

In-Store Returns. Most items sold and shipped by the Site can be returned, exchanged or replaced (if the item is in stock) at any Gordmans store. For more details see our Returns Policy. Items must be returned in the original manufacturer's packaging in new or unused condition within 60 days of your purchase date. Purchases made at the Site using PayPal® may only be returned by mail, as detailed below.

Bring the item you wish to return along with all original packing slip included with your order. If you don’t have the original packing slip, you may bring in a copy of the email you received confirming shipment of your order, or by looking up your order online.

Return and Exchanges By Mail. To return or exchange online purchases by mail, follow the instructions on the back of the packing slip included with your order. Please note that online purchases made at the Site using PayPal® may only be returned by mail. As with in-store returns, items must be returned in the original manufacturer's packaging in new or unused condition within 60 days of your purchase date. Be sure to package the item you wish to return along with all original packing materials and accessories and mail the item as directed. For refunds, you’ll receive a refund to the original form of payment once your return is accepted, along with a return confirmation email. If you requested an exchange, a new order is placed for the exchanged item and charged to your credit card on file. You will receive a confirmation email once your exchange order has shipped. All exchanges are subject to availability of the item. The return and exchange process by mail takes 2-3 weeks in most cases. Replacement items will be sent to the original “ship to” address upon receipt of the original item at our Returns Center, as long as the item is still in stock.

Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Site Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Site Terms and any other contract or disclosure that we are required to provide to you.

Mobile Terms & Conditions

You can subscribe to Gordmans Mobile Text Alerts or Gordmans Exclusive Offers (collectively “Mobile Text Alerts”) by texting the word SAVE to 76995. You will receive a text message from us, to which you can respond by texting the letter Y if you want to confirm your consent to subscribe to the Mobile Text Alerts.

By consenting to the Mobile Text Alerts, you are authorizing Gordmans to deliver or cause to be delivered ads and marketing calls or texts to your cell phone number (or any other phone number you provide to us) using an automatic telephone dialing system or artificial or prerecorded voice.

You are not required to consent to the Mobile Text Alerts as a condition of purchasing any property, goods, or services. By subscribing to Mobile Text Alerts, you represent and warrant to us that you are the user of the phone number(s) you provide in conjunction with the subscription or you are authorized to give consent for marketing calls and texts to be made or sent to the phone number(s) you provide.

You must be 13 years of age or older to participate in our Mobile Text Alerts.

Your carrier's message and data rates may apply. All charges are billed by and payable to your mobile service provider and you approve any such charges by providing your consent to participate in the Mobile Text Alerts. Gordmans does not charge you for sending or receiving text messages to 76995.

We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.

Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, the date, time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and to provide the services you request from us.

Maximum number of messages per month will vary based on the subscription list you've enrolled in. You can unsubscribe at any time by texting "STOP" to 76995 and after unsubscribing you will receive a confirmation text. If you have any questions, reply "HELP" to 76995 or contact us at 1.800.456.7463.

The service is available on these US carriers only: ACS Wireless, AIO Jasper Wireless, Alltel, AT&T, Bluegrass Cellular, Cellcom, Cellular One of East Central Ill, Chat Mobility, Cincinnati Bell, Cricket (Leap Wireless), Element Mobile, GCI Communications, Golden State, Illinois Valley, Immix Wireless, Inland Cellular, Iowa Wireless Svc, Metro PCS, MTPCS Cellular One, Nex-Tech, Wireless, Plateau Wireless, Sprint, T-Mobile, Thumb Cellular, Viaero Wireless, Virgin, Mobile USA and West Central Cellular.

gRewards™ Terms And Conditions

Use of the gRewards TM card and membership benefits constitutes acceptance of the terms and conditions set forth in Gordmans gRewards TM loyalty program. For account customer service call toll free: 1.855.290.6454. For program detailed information, click here.

Any personal information you provide to Gordmans is held in the strictest confidence. We do not give or sell any of this information to outside organizations. We may share information described above among our affiliates in order to provide you with information about additional products and services. For further information on how we protect and share your information, please see our Privacy Policy on our website. You have the choice to opt out from our sharing of certain information with affiliates by visiting our Privacy Policy.

Upon signing up for the gRewards TM program, you will receive ongoing statements and future informational material pertaining to Gordmans gRewards TM program and its features and benefits.

The Gordmans Rewards Program is provided by Gordmans and Gordmans may change the terms of this Program at any time.

California Prop 65

California Prop 65 requires us to inform you that lighting, accessories, furniture and other products sold here may contain lead, lead compounds and other chemicals known to the State of California to cause cancer, or birth defects, or other reproductive harm.

DMCA Policy

Gordmans respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Gordmans will respond expeditiously to claims of copyright infringement committed using the Site if such claims are reported to Gordmans’ Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Gordmans’ Designated Copyright Agent at the following address:

Copyright Agent
Gordmans, Inc.
1926 South 67th Street
Omaha, NE 68106

Upon receipt of Notice, Gordmans will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.