Effective Date of Current Policy: February 23, 2016
Terms & Conditions
Thank you for visiting our site, promguy.com (the "Site"). Suit Up, Inc. which does business as Suit Up, operates the Site and provides services through the Site, but we'll just go by "PromGuy", "we", or "us" to keep it simple. We will also just refer to both the Site and the services available through the Site as the "Services" to try to keep things simple. Our registered address is Xedo, 4400 Quality Drive, Southpark Distribution Center, Memphis, TN 38118.
We will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time, without notice. We'll make sure to also change the "Effective Date" at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, even non-adults rent tuxedos so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you and takes responsibility for any order. Anyone under 13 years old is prohibited from providing personal information on the site or posting User Content (as defined below). Any information about a minor under 13 years old must be provided by a parent or legal guardian. In all cases, the adult is the user and is responsible for any and all activity.
Also, you can only use or receive the Services to the extent the laws of your jurisdiction allow. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements outlined in these Terms. We reserve the right to refuse to let certain people access or use the Services for any reason. We also reserve the right to change our eligibility criteria, for any reason, without notice.
We offer the Services only for personal, non-commercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not, however, share your Account information. You may never use another person's Account or registration information for the Services without permission. We work with referral sources, typically, www.promgirl.com which is in the business of selling prom dresses. No one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute or post login information for your Account.
You can always delete your Account by emailing us at CustomerCare@promguy.com
Ordering a PromGuy Rental Tuxedo
Our website pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and correct any errors before submitting your Order. Please take the time to read and check your Order at each page of the order process. It is your responsibility to make sure all the details in your Order are correct. If we accept your Order, we will confirm our acceptance of your Order by sending you an email containing the Order number ("Order Confirmation").
This will form a contract for the rental of the garments as detailed in your Order Summary, all subject to, and in accordance with, these Terms and Conditions.
Orders must be sized and paid for in full at the time of order.
If we know when we receive your Order that we are unable to rent you the garment(s) ordered for the relevant period, we reserve the right to refuse your Order. In the event we refuse your Order, we will inform you by email and we will not process your Order.
When you place your Order, you will have the opportunity to provide your measurements to allow us to provide you with appropriately sized garments. You may provide these measurements at a later date, provided you do so on or before the Information Closing Date. Please bear in mind that we cannot guarantee the availability of any garments until you have provided your measurements. So, the sooner you provide this information, the better. If you provide your measurements after you have placed your Order and any of the garments ordered are not available for the relevant period, or in the size(s) you have requested, we may have to cancel your Order. We really want to avoid that.
While we will endeavour to supply garments matching the measurements you have provided, we reserve the right to provide garment(s) with measurements slightly different from those you provided.
Please note that we cannot make alterations to garments for any reason.
Kids are always growing! You should arrange to re-measure any children for whom you are renting garments shortly before the Information Closing Date to confirm the sizes required and inform us if any changes are needed.
In the event that you provide incorrect measurements, and as a result the garments do not fit, you have the ability to order replacement garments, free of charge, as outlined in the Fitting section, below.
You cannot make any changes to your order online after an Order is placed.
If changes are required, please do not hesitate to contact our incredibly helpful Customer Care team at CustomerCare@promguy.com or call (844) 363-2558, Monday through Friday, 8:00 am to 7:00 pm CST.
Please note, no garments may be rented for a period in excess of 3 months.
Our charges for renting garments are set out on our website and are calculated for the rental period.
When you place your Order, you will be advised of the total rental charges payable by you with respect to your Order in the Order Summary, calculated according to the information you provided. Each time you change your Order in accordance with these Terms and Conditions thereafter, we will advise you of the total rental charges that apply as a result of your change by updating your online Order Summary to show the updated rental charges payable by you.
The rental charges exclude sales tax.
Additional Charges that are or may be associated with Rentals
Damage and Handling Fee (mandatory and non-refundable): Per order – $8. An $8 non-refundable and mandatory Damage and Handling Fee is automatically added to your rental. The fee covers the cost of minor repairs to the rental and the costs associated with the inspection, quality control and processing of the rental.
All charges are subject to applicable sales tax.
If we determine, in our sole discretion, that a rental is damaged beyond repair, or if a rental is not returned for any reason, you will also be charged in accordance with the following charges:
All charges are subject to applicable sales tax.
Rush Order Fee: Per order – $20
An order is considered confirmed only after you have been fitted, final measurements are taken and funds are paid toward your individual rental. The Rush Order Fee applies in the following circumstances:
For individuals (orders committed less than 7 days before the Event Date)
Style Change Order Fee (style changes made less than 14 days before the Event Days): Per order – $20
Late Return Fee: Per day – $20
Applies when the rental is not returned by the close of business on the scheduled Return Date.
Individuals: Per order – $20
Any rental cancelled less than 10 days before the Event Date will result in no refund.
Any customer who fails to cancel a rental prior to the Event Date agrees to forfeit any and all amounts paid.
Prices do not include applicable taxes, which will be charged to the order.
PROPERTY LEFT IN RENTAL
We are not responsible for any personal property left in a returned rental or garment bag.
However, if you have left anything in your rental, you can contact our Customer Care team at CustomerCare@promguy.com or call (844) 363-2558 from 8:00 am to 7:00 pm, CST, Monday through Friday and we will try our best to help.
We will provide you with the estimated Shipping Date for your garment(s) when you place your Order. The estimated Shipping Date shall be approximately 4 days prior to the Event Date. Whilst we will try our very best to deliver on the estimated shipping Date, we cannot guarantee this.
The garments will be delivered to the shipping address provided by you and set out in the Order Summary. Our Services are only available to customers who live in the continental United States. Our chosen courier is FedEx. Standard shipping days are Tuesday through Saturday. You can contact our Customer Care team at (844) 363-2558, Monday-Friday, 8:00 am to 7:00 pm, CST, regarding all shipping inquiries. If FedEx is unable to deliver your garments, or leaves a calling card, it is your responsibility to contact FedEx directly. (The contact telephone number for FedEx will be available on the calling card, along with an order reference at the top of the card, to allow you to rearrange shipping.) We make no guarantees, representations or warranties for any services provided by FedEx or any other third parties
You are advised to try on the garments on the date they are delivered to ensure that they fit.
If the fit of the garments is not satisfactory or a garment is damaged in any way when it is delivered, please report this to us immediately; no later than 12 noon on the day following the date the garments are delivered. You can do this by contacting our Customer Care team at CustomerCare@promguy.comor call (844) 363-2558 from 8:00 am to 7:00 pm, CST, Monday through Friday.
We will, subject to availability, deliver replacement garment(s) to you. If we determine in our sole discretion that we are able to deliver replacement garment(s), these will be delivered to you free of charge. If you fail to report the issue by 12 noon on the day following the date the garments were delivered to you, you will be responsible for shipping charges.
Return Of Garments
All garments must be made available for pick up by us, in their original packaging, on the scheduled Return Date at the address indicated in the Order Summary. On the scheduled Return Date, all Garments included in your Order (including any replacement garments issued by us) will be picked up by FedEx. This return service will be free of charge, unless you do not make the garments available for pick up on the scheduled Return Date.
In the event that any garments are not made available for pick up by us at the relevant address on the scheduled Return Date, our Customer Care team will contact you by email to request that you return the garments to us, at your own expense, within 1 day of receiving such notice. If you still have not returned the garments to us within such 1-day period, a late charge will be charged per day for each tux not returned to us. Until that tux is returned to us, daily late charges will be charged to your credit card at a rate of $20 per day.
In the event that we have not received the missing garment(s) within 14 days of first notifying you, the missing garments(s) shall be deemed lost and your credit card will be charged at the rates stated below. By submitting your Order, you authorize PromGuy to charge your card according to the guidelines in this section.
All charges are subject to applicable sales tax.
All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of PromGuy or our licensors and is protected by United States and international copyright laws. All trademarks service marks, and trade names that appear on the Services and the overall "look and feel" of the Site and Services (collectively the "Marks") are proprietary to PromGuy or to the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us.
You may not remove or otherwise modify any legal, copyright, or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at CustomerCare@promguy.com
We give you a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e. display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don't think you would need to do much else, so this license only gives you the rights we expressly stated in this section. All other rights not expressly granted to you in the license are hereby reserved.
All other rights not expressly granted to you in the license are hereby reserved.
However, this license does not allow you to do any of the following:
- resell or make any commercial use of the Services or any of the Service content;
- modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including - but not limited to - electronic, mechanical, photocopying, recording or otherwise;
- use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to "crawl" or "spider" any page of the Services or to collect any information from the Services or any user of the Services;
- or harvest or scrape any content from the Services.
Please don't do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers' infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or "spam" on the Services;
License You Grant to PromGuy
We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback.
These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.
Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.
We do not own any of your content, although by providing content to us, you grant us a license to use it, as we'll discuss here.
When you submit, distribute, transmit, or post any communications or any other material to PromGuy, either through the Services; through our pages on third-party sites, such as Instagram, Twitter and Facebook; or through activities in stores (collectively "User Content"), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivatives of, and distribute your User Content in any and all media formats or distribution channels now known or hereafter created.
You agree that this license includes the right for PromGuy to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including use of User Content for advertising or promotional purposes. Be assured you have our thanks. Lots of it.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, you grant us an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free license to use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products, including use after any termination of your Account.
In addition to giving PromGuy a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don't agree to these conditions, then please don't provide the materials to us.
Representations About Content You Submit
We need you to promise us certain things about your submissions so that you don't get us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant that:
- you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us);
- that your submission of such materials to PromGuy does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (i.e. you didn't take it from someone else without permission); and
- all User Content you provide is accurate, complete, up-to-date, and not misleading (i.e. you're not lying).
In addition, any User Content must not
- include any profanity or obscene, indecent, or pornographic material;
- contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);
- contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
- impersonate any person or entity (we like you just the way you are!); or
- include anyone's identification documents or sensitive financial information.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Digital Millennium Copyright Act
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone's intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person's access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- identification of works or materials being infringed;
- identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- your contact information, including address, telephone number and if available, e-mail address;
- a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
- a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by calling (844) 363-2558, emailing CustomerCare@promguy.com, or writing to the Customer Services Director, 4400 Quality Drive, Suite 100, Building K, Southpark Distribution Center, Memphis, TN 38118.
Private vs. Non-private Content
Third-Party Content and User Content
You may see a lot of different content on the Services. Some of this content will come from other users or sources outside of PromGuy. All content, including User Content and third-party content, is the responsibility of the party that creates it. PromGuy does not review, control, or endorse any User Content or third-party content or policies and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of PromGuy.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
Disrupting traditional models in the tuxedo rental industry keeps us pretty busy around PromGuy, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. PromGuy will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether PromGuy or another party provides it.
You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Services;
- what content you access via the Services, include content provided or linked by third parties;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and shipping of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMGUY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY PROMGUY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, PROMGUY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, RELIABLE, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROMGUY OR ANYONE REPRESENTING PROMGUY BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR PROMGUY'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROMGUY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We really hope we won't ever have to do this, but we do reserve the right to terminate your license to use the Services, or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
No matter where you're located, the laws of the State of Tennessee will govern these Terms and the relationship between you and PromGuy as if you signed these Terms in Tennessee, without regard to Tennessee’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Shelby County, Tennessee, for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and PromGuy and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.