Please read this Agreement carefully before using the Site or the services available at the Site. By using or visiting the Site, or making a purchase from the Site, you confirm your acceptance of the terms of this Agreement. This Agreement, along with any other policies or guidelines posted on the Site, shall govern your use of the Site, whether you access the Site directly or through a third-party web site. Certain areas, features, or functionality of the Site, may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this Agreement; in the event of such a conflict, the Additional Rules will control.
By visiting the Site, posting or viewing any content on the Site and/or by making a purchase on the Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement and each of its terms. If you do not agree with the terms of this Agreement, please do not use the Site.
A. Changes to this Agreement
B. Account Information
You have the option of creating an account with Lacoste when you make a purchase on the Site. You agree that the information you supply during that process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use the name or any other identifiable information of another person with the intention of impersonating that person; (ii) use the name of anyone else without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that Lacoste considers to be offensive. Lacoste reserves the right to reject or terminate the account of any person that violates the terms of this Agreement. You will be responsible for preserving the confidentiality of your password and will notify Lacoste of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used.
You should not authorize any third party to access or to use the Site in order to act on your behalf. If you do so, you will be responsible for all acts and/or omissions of that third party on or in connection with the Site. You are responsible for maintaining the confidentiality of your password, and you are fully and always responsible for all activities that occur under your password. You agree to immediately notify us via firstname.lastname@example.org, of any unauthorized use of your password or account information, or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
Lacoste reserves the right to access and disclose any information including, without limitation, account information to comply with applicable laws and lawful government requests.
C. Age Restriction
You must be at least 13 years old to use the Site. By using the Site, you warrant that you are at least 13 years old.
D. Purchase Terms
From time to time, Lacoste may have to cancel or refuse an order placed by you. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In such an instance, if practical, we will notify you of our reasons for cancelling or refusing the order. We will do so via the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
E. Intellectual Property Rights
As between you and Lacoste, the content, photographs, images, data or other materials (“Content”) that are made available through the Site are the property of Lacoste, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Lacoste's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
Any content posted on, submitted, or uploaded to Lacoste’s Site or to Lacoste’s social media pages, whether text or images, becomes the property of Lacoste and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Lacoste does not accept confidential or proprietary information and any content submitted or offered to Lacoste, including comments, suggestions or questions, are therefore not confidential and will remain property of Lacoste. Further, you understand that by posting material on Lacoste’s Site and social media sites, you are granting to Lacoste, and to anyone authorized by Lacoste, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Lacoste’s Site and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Lacoste, and anyone authorized by Lacoste, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Lacoste deems appropriate.
G. No Framing
Without the prior written permission of Lacoste, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Lacoste or any of their licensors into another website or other service.
You may not use any trademark or service mark appearing on the Site without the prior written consent of Lacoste, or the owner of the mark.
I. Permission to Reprint
All material on the Site, without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on the Site (outside of personal, non-commercial use), please write to:
551 Madison Ave.
New York, NY 10020
Attn: Customer Service
J. Permission for Web-linking
To request permission to place a link on your website to enable users to click through from your website to the Site, please send your name, address, website URL, and nature of the website to: Devanlay, 551 Madison Ave., New York, NY 10020, Attn: Marketing
K. Colors and Product Information
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Further, occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
L. Notification Regarding Communications from Lacoste
By registering with the Site and/or making a purchase from the Site, you understand that we may send you communications or data from the Site, including but not limited to (i) notices about products or merchandise requested by you, including any notices regarding the terms of any purchases; (ii) updates; and (iii) information or materials regarding transactions, products, and/or services purchased or selected by you or in which you are involved via use of the Site. By using and registering on the Site, you agree to receive such email messages from us.
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of our Site or our merchandise or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by Lacoste or one of our partners or another third party. We will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
M. Third Party Web Sites
The Site may contain links to other web sites, including social media sites, which are not under the control of Lacoste. We are not responsible for these third-party web sites and linking does not constitute Lacoste’s endorsement of these web sites.
N. Disclaimer of Warranties
We work hard to make the Site interesting but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.
LACOSTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, INCLUDING THE STORE LOCATOR OR SIZE GUIDE, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." LACOSTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. LACOSTE DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. LACOSTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LACOSTE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site is controlled and operated by Lacoste from its offices in New York, United States of America. Lacoste makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
O. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LACOSTE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF LACOSTE OR A LACOSTE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LACOSTE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
You agree to indemnify us, defend us, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or any use or misuse of the Site for which you may be responsible. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to these indemnification obligations, in which case you will fully cooperate with us in asserting any available defenses.
R. Termination of Service
We reserve the right, in our sole, exclusive, and complete discretion, and without cause and/or without notice to (i) terminate without notice your ability to access or use the Site and (ii) delete any data.
S. Governing Law
This Agreement has been made in and shall be construed in accordance with the laws of the State of New York. By using the Site, you consent to the exclusive jurisdiction of the state and federal courts located in New York, in all disputes arising out of or relating to this Agreement.
In the event that any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Agreement.
T. Dispute Resolution
By visiting the Site or otherwise making a purchase from the Site, you and Lacoste agree to the following dispute resolution procedure:
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
(1) email@example.com, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Lacoste agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
In the event the dispute may not be resolved by the above dispute resolution procedure, you agree that exclusive jurisdiction for any Dispute will be decided by binding arbitration. All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the New York, New York, USA area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. The parties further agree that they may only bring claims in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to have been superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
V. Assignment of the Agreement
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of this Agreement, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS AGREEMENT, THE SITE OR SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THAT ONE-YEAR PERIOD BEGINS ON THE DATE WHEN SUCH CLAIM FIRST COULD BE FILED. IF IT IS NOT FILED WITHIN THE ONE-YEAR PERIOD, THAT CLAIM IS PERMANENTLY BARRED. THIS LIMITATION APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
W. Copyright Infringement Notification Process
Notification of a copyright infringement claim must be submitted to the following:
551 Madison Ave.
New York, NY 10020
Attn: Customer Service
The notification must be in writing and include: 1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of each alleged infringing copyrighted work or works; 3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material; 4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address); 5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Effective: March, 14, 2012
Last Updated: September 2014