Last Updated: 8/29/25
By visiting, using or accessing theblacktux.com, rent.theblacktux.com, or buy.theblacktux.com (the “Site”), you agree to the following Terms and Conditions of Use (the “Terms” or the “Terms of Use”). Please read the Terms of Use carefully. If you do not agree to be bound by the Terms, do not use or access the Site.
These Terms are a binding contract between you and The Black Tux, LLC (“The Black Tux,” “we” and “us”) that governs your use of the Site and you must agree to and accept all of the Terms, or you don’t have the right to use the Site. Your using the Site in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Site. Your use of various services offered via the Site may be subject to additional terms, such as our Rental Agreement for rental services.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
Changes to these Terms of Use
The Black Tux reserves the right, at its sole discretion, to change or modify these Terms of Use, at any time. If we modify these terms, we will bring it to your attention by placing a notice on the https://theblacktux.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.
Content
The text, graphics, user interfaces, photographs, logos, arrangement, computer code, and all other material on the Site (collectively, “Content”) are copyrights, trademarks, trade names or other intellectual property are protected by intellectual property rights and unfair competition laws and are owned, controlled or licensed by or to The Black Tux or by or to other parties.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, (i) without the express written consent of The Black Tux or the owner of the Content or (ii) in a way that violates someone else’s (including The Black Tux’s) rights.
As part of the services we offer, we may contact your groomsmen directly on your behalf to coordinate rental services. You must have consent from each of your groomsmen to share his name and contact information with us. If you do not have such consent, please do not share your groomsmen’s contact information with us.
Your use of the Site
In order to use the Site, you must be at least eighteen (18) years of age, the legal age to form a binding contract. As long as you comply with these Terms of Use, The Black Tux grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You will only use the Site for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You are responsible for all your activity in connection with the Site.
Your use of the Site is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (as defined below) or otherwise use the Site or interact with the Site in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including The Black Tux);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Site as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site, User Submissions or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the User Submission or Content; or
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.
A violation of any of the foregoing is grounds for termination of your right to use or access the Site.
You may not use the Site (a) to transmit, distribute, store or destroy material in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject The Black Tux or any of the Site’s users to liability.
You may not use any engine, software, tool, agent, device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) or any similar or equivalent manual process, to navigate the Site, other than the search engine and search agent available from The Black Tux on the Site and other than generally commercially available third party web browsers.
You may not attempt to gain any unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Black Tux server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of The Black Tux, including any The Black Tux account not owned by you, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or The Black Tux’s systems or networks, or any systems or networks connected to the Site.
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.
You may not disguise the origin of any message or transmittal you send to The Black Tux on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. The Black Tux reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, (b) to modify or change the Services or any portion of the Services, and any applicable policies or terms; or (c) to interrupt the operation of the Services, or any portion of the Services, as necessary.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/the-black-tux-buy-new/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/the-black-tux-buy-new/privacy_policy).
Submissions to The Black Tux
If you post, upload or make anything available to the Site, or otherwise submit anything to The Black Tux in connection with your use of the Site, (collectively a “User Submission”), you hereby grant to The Black Tux a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, comment on, modify, create derivative works based upon, and otherwise exploit such Content and your name, image, voice, likeness and/or other biographical information or material in connection with that Content in all media formats, without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of permission from or payment to you or other person or entity. You waive any right to inspect or approve any such Content or any use of such Content.
You are responsible for all User Submissions you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
Copyright Infringement
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like The Black Tux, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, view our Copyright Dispute Policy at the bottom of the page.
Rentals and Purchases; Other Terms and Conditions
Additional terms and conditions may apply to the rental or purchase of goods and services and to specific portions or features of the Site, including promotions, contests, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
The Black Tux may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to the products and services may be out of date, and The Black Tux makes no commitment to update the materials on the Site with respect to such products or services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords & Security
Certain features or services offered on or through the Site may require you to open an account. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
You are entirely responsible for maintaining the confidentiality of the information pertaining to your account, including your password. You agree to notify The Black Tux immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Black Tux or any other user of the Site due to someone else using your The Black Tux user name, password or account as a result of your failing to keep your account information secure and confidential.
Privacy
The Black Tux’s Privacy Policy applies to this Site and any of our services, and its terms are expressly made a part of these Terms of Use by this reference. View The Black Tux’s Privacy Policy at theblacktux.com/pages/privacy-policy.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Interactions with Third Parties
You may be able to interact with other users through the Site. Any information or content publicly posted or privately transmitted through the Site (“Third Party Content”) is the sole responsibility of the person from whom such Third Party Content originated, and you access all such Third Party Content at your own risk. We aren’t liable for any errors or omissions in Third Party Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use such Third Party Content or what actions you may take as a result of having been exposed to Third Party Content, and you hereby release us from all liability for you having acquired or not acquired Third Party Content through the Site. We can’t guarantee the identity of any users with whom you interact in using the Site and are not responsible for which users gain access to the Site.
Account Termination
You’re free to delete your account at any time, by contacting us at [email protected]; please refer to our Privacy Policy at theblacktux.com/pages/privacy-policy to understand how we treat information you provide to us after you have stopped using our Site. Account termination may result in destruction of any User Submissions associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at [email protected]– we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
The Black Tux is also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. The Black Tux has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimers
The Site, and its contents, and any products or services purchased or offered through the Site are delivered on an “as-is” and “as available” basis only, without any warranties of any nature. The Black Tux makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of the site is at your sole risk. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BLACK TUX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. THE BLACK TUX DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE BLACK TUX AND ITS SUBSIDIARIES AND AFFILIATES, AND OUR AND THEIR RESPECTIVE AGENTS, SUPPLIERS, LICENSORS, EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE BLACK TUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE BLACK TUX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR THE BLACK TUX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN NO EVENT WILL THE BLACK TUX, ITS SUBSIDIARIES AND AFFILIATES, OR OUR AND THEIR RESPECTIVE AGENTS, SUPPLIERS, LICENSORS, EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE BLACK TUX UNDER THE RENTAL AGREEMENT OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. YOUR SOLE REMEDY AGAINST THE BLACK TUX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF LIABILITY IS PART OF THE BARGAIN BETWEEN THE PARTIES.
Indemnity
You agree to defend (at our option), indemnify and hold The Black Tux, its officers, directors, shareholders, successors in interest, employees, agents and subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, costs, debts, and expenses (including, but not limited to, attorney fees), made against The Black Tux by any third party due to or arising out of or in connection with (a) your use of the Site (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your violation of any third-party right, including, without limitation, any privacy right or intellectual property right; (d) your violation of any applicable law; and (e) your willful misconduct.
Violations of these Terms of Use
The Black Tux may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with The Black Tux’s rights or property, or the rights or property of visitors to or users of the Site. The Black Tux reserves the right at all times to disclose any information that The Black Tux deems reasonably necessary to (a) comply with any applicable law, legal process, or government request, (b) enforce these Terms of Use, (c) respond to claims or protect the rights of others, (d) protect the rights, property or personal safety of The Black Tux, its employees, users of or visitors to the Site. The Black Tux may also disclose your information when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
The Black Tux may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Black Tux, for which monetary damages would be inadequate, and you consent to The Black Tux obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other The Black Tux may have at law or in equity.
If The Black Tux does take any legal action against you as a result of your violation of these Terms of Use, The Black Tux will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to other relief granted to The Black Tux.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your The Black Tux account, in any way (by operation of law or otherwise) without The Black Tux’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing Law; Arbitration Agreement; Class Action/Jury Trial Waiver
The Site, including without limitation, these Terms of Use and the Privacy Policy, shall be construed and enforced in accordance with the laws of the State of California.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with The Black Tux and limits the manner in which you can seek relief from The Black Tux. Both you and The Black Tux acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, The Black Tux’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and The Black Tux that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Site, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Site, including any rentals, purchases and Rental Agreements; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any Claim directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. JAMS may be contacted at www.jamsadr.com, where the Rules are available. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. You and The Black Tux agree that the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. The Black Tux will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. The Black Tux will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or The Black Tux may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work, but this would not absolve you of your commitment to engage in the informal dispute resolution process. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION, TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR OUR DATA SECURITY OR CONFIDENTIAL INFORMATION, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
(d) Waiver of Jury Trial. YOU AND THE BLACK TUX WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. YOU AND THE BLACK TUX ARE INSTEAD CHOOSING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. THE PARTIES AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER CLAIMANTS.
Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and The Black Tux over whether to vacate or enforce an arbitration award, You and The Black Tux waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor The Black Tux is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address:
The Black Tux LLC
14600 Main St.
Gardena, CA 90248
Postmarked within thirty (30) days of you first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ Arbitration Agreement. If you are a new user, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at [email protected] with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing Arbitration Agreement permits either you or The Black Tux to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and The Black Tux agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.
(h) Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration. This Arbitration Agreement will survive the termination of your relationship with The Black Tux.
Miscellaneous
If any of the provisions of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provision. These Terms of Use constitute the entire agreement between you and The Black Tux with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and The Black Tux with respect to such use are hereby superseded and canceled. The Black Tux will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Black Tux’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by The Black Tux of any provision or right it has to enforce these Terms of Use, nor shall any course of conduct between The Black Tux and you or any other party be deemed to modify any provision of these terms of Use. These Terms of Use shall not be interpreted or construed to confer rights or remedies on any third parties. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site, provided that The Black Tux may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The Black Tux, and you do not have any authority of any kind to bind The Black Tux in any respect whatsoever.
The Black Tux makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
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The Club Loyalty Program Terms of Service
Introduction: These terms and conditions ("Loyalty Terms") govern your participation in The Club, The Black Tux's loyalty and membership program (the "Program"). By enrolling in, accessing, or participating in the Program, you agree to be bound by these Loyalty Terms in addition to our general Terms of Service and Privacy Policy. If you do not agree with these Loyalty Terms, you may not participate in the Program.
Eligibility: To participate in the Program, you must:
- Be at least 18 years of age
- Have a valid account with The Black Tux
- Provide accurate and complete information during enrollment
- Comply with all applicable laws and regulations
- The Program is void where prohibited by law, and it is incumbent upon participants to ensure their eligibility within the confines of local laws and regulations.
Earning Credits
- Credit Calculation: Credits are calculated as a percentage of your order subtotal, excluding taxes and after the application of any discounts.
- Credits are awarded only upon order fulfillment: For Rental Orders, Credits are awarded after event completion when items are returned and processed. For Purchase Orders, Credits awarded when orders are shipped
- You must be logged into your account at the time of purchase to earn credits
- Credits are not earned on gift card purchases, shipping fees, or taxes
- The accrual, redemption, and specifics of these Rewards are subject to change at our discretion, in line with the Program's structure and objectives.
- Qualifying Purchases: Credits are earned on purchases made solely through theblacktux.com.
Credit Redemption and Expiration
- Credits can be redeemed toward future purchases applied as discounts
- Credits have no cash value and cannot be exchanged for cash or other substitutes
- Credits can be applied at checkout and combined with most promotions and sales
- Certain promotional offers may exclude the use of credits
- Credits expire 365 days from the date they are earned if there is no account activity in that time period.
- Expired credits cannot be restored except at our sole discretion for active customers
Black Tier Membership Terms
- Black membership requires payment of an annual $49 fee
- Membership automatically renews annually unless cancelled
- You may cancel auto-renewal at any time through your account settings
- Cancellation of auto-renewal does not affect your current membership period
- Membership benefits remain active until the end of your current membership period
- Membership Termination: we reserve the right to terminate or suspend memberships for violation of these terms. Upon termination, you forfeit any unused credits and membership benefits
- Membership fees are generally non-refundable, except as required by law or at our sole discretion
Returns and Refunds
- If you return items for which you earned credits, those credits will be deducted from your account
- If you return items purchased using credits, those credits will be restored to your account
- Partial returns will result in proportional credit adjustments
Program Restrictions
Prohibited Activities
You may not:
- Create multiple accounts to earn additional credits or benefits
- Transfer, sell, or trade credits or membership benefits
- Use automated systems or bots to accumulate credits
- Engage in any fraudulent activity to earn credits or benefits
- Misuse or abuse the Program in any way
Account Monitoring
We reserve the right to monitor accounts for suspicious activity and may:
- Adjust credit balances for legitimate corrections
- Suspend or terminate accounts that violate these terms
- Withhold or confiscate credits obtained through fraudulent means
Program Changes and Termination
We reserve the right to:
- Modify these Loyalty Terms at any time without notice.
- Change Program benefits, earning rates, or redemption values
- Add or remove Program features
- Adjust credit expiration policies
- In the event of material changes to the Program, Participants will be informed of through updates to these Terms or other direct communications.
Program Termination: We may suspend, modify, or terminate the Program at any time, without notice, for any reason including:
- Business considerations
- Legal or regulatory requirements
- Technical issues
- Abuse or fraud concerns
Data and Privacy
Your participation in the Program is subject to our Privacy Policy. By participating, you consent to our collection, use, and sharing of your information as described in our Privacy Policy and these Loyalty Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BLACK TUX'S LIABILITY ARISING OUT OF OR RELATED TO THE PROGRAM IS LIMITED TO THE VALUE OF UNUSED CREDITS IN YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE PROGRAM.
Disputes
Any disputes related to the Program are subject to the dispute resolution provisions in our general Terms of Service, including the arbitration agreement contained therein.
General Provisions
Entire Agreement: These Loyalty Terms, together with our general Terms of Service and Privacy Policy, constitute the entire agreement regarding the Program.
Severability: If any provision of these Loyalty Terms is found unenforceable, the remaining provisions will continue in full force.
Inquiries: For any questions or concerns regarding the Program or these Terms, participants are encouraged to contact our customer service department through the designated channels provided on our website.
Participation in the Program constitutes acknowledgment and acceptance of these Terms, which participants affirm to have read and understood prior to engagement. It remains the responsibility of each participant to apprise themselves of the Terms herein and any amendments thereto.