Terms & Conditions
GOOD COUNSEL TERMS & CONDITIONS
To become a member (“Member”), you must provide your name, email address, other requested information ("Member Information"). We will also ask you for additional information about your size, fit, and style preferences in order to establish your style profile ("Style Profile"). You must be at least 18 years old to be a Member. If we later discover or suspect that a person under 18 years old has requested a Delivery, we reserve the right to take steps to cancel that request.
Promotions & Offers
Free First Box for New Monthly Members Qualifications: Offer for (1) new Good Counsel customers with no order history, (2) monthly members (3) and credit-card payment methods only. Qualified customers will be verified via a financial check upon checkout and email confirmation. This financial check does not affect credit ratings. Customers who change to a non-monthly plan do not qualify. Good Counsel reserves the right to withdraw the promotion if a customer discloses they plan to cancel after the first box.
Previous Good Counsel Giveaway winners are not eligible for the Free First Box promotion.
Limited time offer while supplies last. Good Counsel reserves the right to end the promotion at any time for any reason. No replacement boxes will be provided for free first boxes. Exchanges are permitted for the same product in a different size if inventory permits. Items that will be included are (1) Jeans, (2) Shirt or Button Shirt, (3) Belt or Sock or Beanie.
Current promotional codes are valid for first time customers in the United States only unless otherwise specified. Offers not valid on outerwear or footwear. Discount applies to merchandise only, not value of gift cards purchased, packaging, applicable taxes or shipping & handling charges. No adjustments on previous purchases. Not valid for cash or cash equivalent. Cannot be combined with other offers or discounts. Good Counsel reserves the right to cancel or modify this offer at any time.
Styling Fee and Payment
When we ship you a Delivery, we will charge you a non-refundable "Styling Fee" in the amount set forth on the Services. The Styling Fee will be charged to your credit card between the time the order is placed and we ship your Delivery. Within four (4) days of receiving your Delivery, we request that you return any Products you don't want. Your styling fee can only be applied to a purchase in your current GC delivery. If you do not keep any items, the styling fee does not roll over to the next box. However, if you do keep items from your delivery and the total cost of the items falls below $30, any remaining credit will be rolled over to their next box. You may pay for the Styling Fee and for any Products from your Delivery via the credit card you submitted your Style Profile. Good Counsel does not accept gift cards or pre-paid cards. By submitting your payment information to us, you authorize us to charge your credit card then available in accordance with this policy, including for Products that are returned late or damaged. If you receive a Delivery automatically, you agree to the Styling Fee being charged to the card on file on a recurring basis according to the frequency you selected until you cancel the automatic Deliveries by emailing us at email@example.com stating that you want to stop receiving automatic Deliveries from the email address then currently associated with your account. You must cancel an upcoming Delivery at least fourteen (14) days' before the Delivery is due to ship. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission to use your credit card; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card. A 15% recharge fee will be applied to any declined credit card payment that is not updated within 72 hours of being charged. Each member will be notified immediately via email and text of any declines. It is the responsibility of each member to contact Customer Service (at 212-604-9500) to update their card information or contact their credit card company to authorize the charge. A 15% recharge fee may accrue weekly on all outstanding balances. After 30 days, the outstanding balance may be sent to collections.
For orders that include GC items of especially high value, we require that you follow the guidelines for payment/receipt of the items. Note that the guidelines differ in accordance with your account status.
SNEAKERS: You can request to receive a pair of sneakers in your 1st or 2nd box, but the cost of the shoes must be PREPAID. When ordering your 3rd box or after, PREPAID is NOT required. No signature is ever required upon delivery of the Royale sneakers.
LEATHER GOODS: This jacket must always be PREPAID, and shipment will always require a SIGNATURE upon box delivery.
OUTERWEAR (including but not limited to: Swoopes Robe coat, Frazier M-65 Utility Jacket, Cunningham Overcoat, Goodrich Peacoat, Robinson Carpenter Jacket, Kidd Puffer Jacket): If you receive one of these items in your 1st or 2nd box, the cost of the outerwear must be PREPAID. When ordering your 3rd box or after, PREPAID is NOT required. A SIGNATURE is always required upon delivery of these outerwear items.
Pricing and Products
Good Counsel is not required to disclose the prices of its Products until you receive a Delivery. While Good Counsel makes efforts to follow the style and price preferences you express in your Styling Profile, we do not guarantee that every item in your Delivery will comply with those preferences. You are responsible for paying for all Products in your Delivery, whether they conform to your Style Profile or not, unless you return the Products in accordance with our return policy. You are responsible for the payment of any Styling Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Good Counsel provides certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.
DELINQUENT ACCOUNTS: If an existing member has a delinquent balance with Good Counsel and then proceeds to create a new account under a different email address, the user remains obligated to pay the delinquent balance on the original/duplicate account in full. Further, if/when the balance is recovered and the member wishes to continue membership with Good Counsel, the member may be required to pay for all future boxes in advance of shipment and Good Counsel may require a signature upon delivery. Please contact us at 212-604-9500 to pay your balance in full.
DISPUTE: If a member has previously disputed a charge with Good Counsel, under an initial account and then attempts to create a new account under a different email, the membership will be suspended. All delinquent balances must be paid in full before membership may be resumed. Please contact us at 212-604-9500 to pay your balance in full.
RETURN POLICY ABUSE: If a member has previously had an account with Good Counsel and did not abide by our return policy, that user will be suspended indefinitely. This applies to the user attempting to create a new account under a different email.
Ownership of Intellectual Property
You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
General Rules of User Conduct
You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
Right to Suspend
Good Counsel reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Deliveries at any time at our discretion including, as necessary to protect the security or operation of the Services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Modifications to the Site or Services
We reserve the right to modify or discontinue the Services (including Deliveries) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
Third Party Content and Other Websites
Disclaimer of Warranties
Limitation of Liability
You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the four (4) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (U.S. $50.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work(s) that you claim to have been infringed; Identification of the material on our Services that you claim is infringing and that you request us to remove; Sufficient information to permit us to locate such material; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Good Counsel, Inc.
372 Broadway Avenue,
New York, NY 10013
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Process LLC D/B/A Good Counsel and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of apparel and styling service for big and tall men. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Process LLC D/B/A Good Counsel’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.