Effective Date: November 24^th 2024 

These Terms of Use (“Terms”) apply to your access to and use of the website http://www.LuckyBrand.com (the “Site”), provided by Lucky OpCo LLC and its subsidiaries and affiliates (collectively, “Lucky Brand,” “we,” or “us”). These Terms constitute a legally binding agreement by and between Lucky Brand and the User of this Site (personally, and if applicable, on behalf of the entity for whom you are using the Site; collectively “you”).  To the extent permitted by applicable law, by accessing and using any of the Site, you agree to these Terms, all policies within the Site, and all changes or modifications to the foregoing.  

 

ARBITRATION NOTICE: NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS-ACTION WAIVER, WHICH REQUIRES YOU AND LUCKY BRAND TO RESOLVE MOST DISPUTES AND CLAIMS BY BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. 

 

1.     PRIVACY 

We collect and process information about you when you access and use our Site. For more details about our information practices, please see our Privacy Policy. 

 

2.     SITE CONTENT 

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, patents, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Lucky Brand and/or its licensors. 

 

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  

 

You may not reproduce (except as noted below), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.  

 

You are granted a limited, non-sublicensable right to access the Site and print the Contents for your personal, non-commercial, and informational use only. The foregoing license grant does not include the right for you to:  

• Publish, publicly perform or display, or distribute to any third party any Contents, including reproduction on any computer network or broadcast or publications media; 

 

• Market, sell or make commercial use of the Site or any Contents; 

 

• Systematically collect and use any data or content, including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; 

 

• Make derivative uses of the Site or the Contents; or  

 

• Use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page). 

 

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Lucky Brand or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law, including copyright laws, trademark laws (including trade dress), patent laws and communications regulations and statutes.   

 

Any other use of the Contents on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Lucky Brand, is expressly prohibited. Lucky Brand reserves the right in its sole discretion to refuse or cancel any person's registration for this Site, remove any person from this Site or prohibit any person from accessing or using this Site for any reason whatsoever and without notice. Lucky Brand or its content providers retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Lucky Brand’s sole discretion. Lucky Brand neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Lucky Brand.   

 

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. If you are terminated from using this Site, you will be personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Lucky Brand may be entitled, at law or in equity.   

 

Unless otherwise specified, the Site and the Contents are intended to promote Lucky Brand’s products and services available in the United States. The Site is controlled and operated by Lucky Brand from its offices in Lyndhurst, New Jersey and New York, New York. One or more patents may apply to the Site. Lucky Brand does not imply that the materials published on the Site are appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.  

 

3.     TRADEMARKS 

This Site and all content on this Site, including but not limited to text, design, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the exclusive property of Lucky Brand, its licensor, or its content suppliers and is protected by United States and international copyright laws. In addition, all trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks and property of Lucky Brand’s licensor. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without our prior written permission, except as otherwise described herein. Lucky Brand reserves all rights not expressly granted in and to the Site and its content. 

 

4.     NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 

Lucky Brand respects the intellectual property of others. If you are a copyright owner and believe that your works has been copied in a way that constitutes copyright infringement, please contact us at 125 Chubb Avenue, 5 Fl, Lyndhurst, New Jersey, 07071, Attn: Legal Department. Your correspondence should include the following information so that we may investigate your claim in writing:  

 

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

 

·  A description where the material that you claim is infringing is located on the Site; 

 

· Your mailing 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; 

 

·   A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized person to act on the copyrights owner’s behalf. 

 

For notice of claims of copyright infringement on the Site, Lucky Brand can be reached at [email protected]. For clarity, only Digital Millennium Copyright Act (“DMCA”) notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement. We suggest that you consult your legal counsel before filing a claim. 

 

Please note that this procedure is exclusively for notifying Lucky Brand and its parents and affiliates that your copyrighted material has been infringed. 

 

5.     AGE RESTRICTIONS 

Our Services are not designed for children under the age of 16. By using the Site, you are representing to us that you are 16 years old or older.  The Site will not be liable for any damages that may result from misrepresentation of age by a user of our Site. If you are a parent or legal guardian and you believe that a child has provided personal information to us without your consent, please contact us at [email protected].    

 

6.     ACCOUNT AND BILLING INFORMATION 

Some features that may be available on this Site require registration or use of a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for any and all statements made, and all acts and omissions that occur through the use of your account or password.  If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Lucky Brand immediately at [email protected].  Lucky Brand may assume that any communications we receive under your password have been made by you unless we receive notice. 

 

You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and debit or credit card numbers. 

 

7.     SITE TRANSACTIONS  

We reserve the right to refuse any order you place with us. 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 the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was submitted. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.  

 

The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after our receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. 

 

8.     PRODUCT AVAILABILITY  

Many of the products displayed on the Site are also available at our retail stores in the United States. Extended sizes that are available online may not be available in retail stores.  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, subject to the applicable return policy. 

 

9.     CONTENT YOU SUBMIT  

Lucky Brand welcomes your comments and feedback regarding our products and services. If you post comments, photos, reviews or other content on the Site, or you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”) without a request from us, you grant Lucky Brand and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media, without restriction, at any time, as permitted by applicable law When you post or share Comments with Lucky Brand on the Site, by email, postal mail, or otherwise, you understand that your Comments and any associated information (such as your username) may be visible to others. All communications and Comments submitted to the Site are non-confidential and non-proprietary. If you choose to make any of your information publicly available through the Site, you do so at your own risk. You grant Lucky Brand and its affiliates the right to use the name you submit in connection with such material, if they so choose. If you do not wish to grant Lucky Brand the permission set forth above, please do not submit Comments. 

 

Lucky Brand is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments from the Site in our sole discretion at any time. You may not repost, republish, or redistribute Comments outside of the Site.  

 

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness and originality of any such material. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Lucky Brand for all claims resulting from content you submit. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. Lucky Brand takes no responsibility and assumes no liability for Comments or any other content posted by you or any third party. 

While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Lucky Brand’s employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at Lucky Brand through any communication channel.  

 

10.  EMAIL COMMUNICATIONS  

When you make a purchase on the Site, or send e-mails to us, you are communicating with us electronically. By use of the Site, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

 

11. DISPUTE RESOLUTION; BINDING ARBITRATION   

  

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LUCKY BRAND TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND LUCKY BRAND CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LUCKY BRAND FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LUCKY BRAND AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LUCKY BRAND AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.   

  

THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.  

  

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION (K), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.   

  

a.   Claims To Which This Section Applies. The dispute resolution and binding arbitration terms in this section apply to all Claims between you and Lucky Brand. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Lucky Brand, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or Lucky Brand products or services, including any privacy or data-security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it. These Terms, however, do not prevent you from bringing a Claim to the attention of any government agency.   

 

b.   Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Lucky Brand or if Lucky Brand has a Claim against you, you and Lucky Brand will first attempt to resolve the Claim informally for faster resolution and to reduce costs for both parties.  You and Lucky Brand will make good-faith effort to negotiate the resolution of any Claim for 60 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

 

You will send any Claimant Notice to Lucky Brand by overnight mail addressed to 125 Chubb Avenue, 5 Fl, Lyndhurst, New Jersey, 07071, Attn: Legal Department or by email to [email protected]. Lucky Brand will send any Claimant Notice to you by overnight mail or email using the contact information you have provided to Lucky Brand. The Claimant Notice sent by either party must include (i) the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; (iii) set forth the specific relief sought; and (iv) if an item is at issue, the item(s) purchased and date and location of such purchase.   

 

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so.  

 

You or Lucky Brand can file a Claim in arbitration only after the end of the Informal Resolution Period. You or Lucky Brand cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Lucky Brand file a Claim in court or proceed to arbitration without complying with the requirements in this section, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.  

 

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process. 

 

c.     Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or Lucky Brand, including any disputes in which you or Lucky Brand seek injunctive or other equitable relief for the alleged unlawful use of your or Lucky Brand’s intellectual property or other infringement of your or Lucky Brand’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with section(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.   

 

d.       Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Lucky Brand as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Lucky Brand as modified by these Terms. The Rules are available at www.adr.org or by calling 1- 800-778-7879. 

 

These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Lucky Brand to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). To the extent that you prevail on a Claim and seek public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. 

 

e.       Arbitration Procedure and Location. You or Lucky Brand may initiate arbitration of any Claim not resolved during the Informal Resolution Period and not excluded under this section(c) by filing a demand for arbitration with AAA in accordance with the Rules. Instructions for filing a demand for with AAA are available on the AAA website. You will send a copy of any demand for arbitration to Lucky Brand by overnight mail addressed to 125 Chubb Avenue, 5 Fl, Lyndhurst, New Jersey, 07071, Attn: Legal Department or by email to [email protected]. Lucky Brand will send any demand for arbitration to you by overnight mail or email using the contact information you have provided to Lucky Brand.  

 

The arbitration will be conducted by a single arbitrator in the English language. You and Lucky Brand both agree that the arbitrator will be bound by these Terms. 

 

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules. 

 

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Lucky Brand agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. 

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement. 

 

f.         Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms. 

 

g.        Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the responding party, including any attorney fees, related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.  

 

h.       Confidentiality. If you or Lucky Brand serve a Claimant Notice or submit a Claim to arbitration, you and Lucky Brand agree to cooperate to seek protection (from the arbitrator or otherwise) for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery. You and Lucky Brand agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery. 

 

i.         One Year to Assert Claims. To the extent permitted by law, any Claim by you or Lucky Brand against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Lucky Brand will no longer have the right to assert that Claim.  

 

j.         Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. You or Lucky Brand may advise the other of your or Lucky Brand’s belief that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them. 

 

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permits such Mass Arbitration to be filed in arbitration or court. 

 

Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. 

 

After that point, counsel for the parties will select 20 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this section. 

 

A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. Each Mass Arbitration chosen for a bellwether will otherwise be subject to the terms of this section generally applicable to Claims filed in arbitration. 

 

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Lucky Brand. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. 

 

Remaining Claims: If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this section apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party (or to the opposing party if they do not have counsel) within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with the Governing Law and Venue section of these Terms. 

 

If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the AAA will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The AAA will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. A single arbitrator will preside over each Mass Arbitration chosen for this second batch, and only one Mass Arbitration may be assigned to each arbitrator as part of this second batch unless the parties agree otherwise. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated. Each Mass Arbitration chosen for a batch will otherwise be subject to the terms of this section generally applicable to Claims filed in arbitration. 

 

If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis. 

 

A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. 

 

k.        Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing [email protected].   

 

To be effective, the opt-out notice must be received by us within the 30-day period and must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the Governing Law and Venue section of these Terms. 

 

l.    Rejection of Future Arbitration Changes. You may reject any change we make to this section (except address changes) by sending us notice of your rejection within 30 days of the change via email at [email protected]. To be effective, your rejection must be received by us within the 30-day period and must include your full name, mailing address, and email address and clearly indicate your intent to reject changes. Changes to this section may only be rejected as a whole, and you may not reject only certain changes to this section. If you reject changes made to this section, the most recent version of this section that you have not rejected will continue to apply. 

 

m.     Severability. If any portion of this section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable. 

 

12.  GOVERNING LAW AND VENUE 

These Terms and any Claim will be governed by and construed and enforced in accordance with the laws of New York, New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Claim that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of New York and the United States, respectively, sitting in New York, New York. You and Lucky Brand waive any objection to venue in any such courts. 

 

13.  ERRORS, INACCURACIES, AND OMISSIONS  

We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site. Please note that because the colors you see will depend on your device’s display settings, we cannot guarantee that your device will display the exact color of an item displayed.  

 

Though we strive for accuracy, occasionally, the information on the Site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you inconvenience.  

 

Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart.  

 

14.  LINKS TO OTHER SITES  

Periodically, links may be established from the Site to one or more external sites or resources operated by third parties (“Third-Party Sites”). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the Third-Party Sites or any information contained therein. In addition, some Third-Party Sites also may provide links to the Site. Such links should not be deemed to imply that Lucky Brand endorses the Third-Party Sites or any content therein. Lucky Brand does not control and is not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. When leaving the Site and entering a new site, you should be aware that our terms and policies no longer govern. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices.  

 

15.  INDEMNIFICATION  

To the extent permissible by law, you agree to defend, indemnify and hold Lucky Brand and its affiliates and their respective officers, directors or employees harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees arising out of or related to (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (d) your conduct in connection with this Site; (e) and/or your breach of any representation, warranty, or other provision of the agreement between us.  

 

If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Lucky Brand reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Lucky Brand in the defense of such matter.  

 

16.  SITE DISCLAIMER  

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE AND ALL CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" BASIS, TO THE EXTENT PERMISSIBLE BY LAW. LUCKY BRAND DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE LUCKY BRAND ATTEMPTS TO MAKE YOUR USE OF OUR SITE AND ANY CONTENT PROVIDED THEREIN OR THEREWITH SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY CONTENT PROVIDED THEREIN OR THEREWITH OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. LUCKY BRAND DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENTS AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. LUCKY BRAND MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  

 

AS FURTHER EXPLAINED IN THE FOLLOWING SECTION, THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  

 

17. LIMITATION OF LIABILITY  

IN NO EVENT SHALL LUCKY BRAND OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM LUCKY BRAND, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.  

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LUCKY BRAND (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LUCKY BRAND FOR ACCESS TO OR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST LUCKY BRAND IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.  

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. 

 

18.  MOBILE ALERTS POLICY 

Call Recording and Monitoring. You acknowledge that telephone calls made to, or received from or on behalf of, Lucky Brand may be monitored and recorded and you agree to such monitoring and recording. 

 

Express Consent to Text Messages. By opting in to receive text messages from Lucky Brand, which may include without limitation SMS messages or MMS messages, (the “Program”), you provide your express consent to receive automated text messages from Lucky Brand at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system. Consent to receive automated text messages This is not a condition of any purchase. 

 

Program Details. The Program may include recurring and nonrecurring transactional and promotional text messages related to promotions, products, your account, changes and updates, events, special offers, service outages, reminders [(including cart reminders)], follow ups to any push notifications delivered through our mobile app, any other information regarding any transaction or your relationship with Lucky Brand, as well as other information that we think will be of interest to you. Text message frequency will vary. Lucky Brand reserves the right to alter the frequency of text messages sent at any time, such as to increase or decrease the total number of sent text messages. Lucky Brand also reserves the right to change the short code or phone number from which text messages are sent. Text message and data rates may apply. Not all mobile devices or handsets may be supported, and our text messages may not be deliverable in all areas. The content of our text messages may not be available and viewable on all mobile phone carriers. Lucky Brand, its service providers, and the mobile phone carriers supported by the Program are not liable for delayed or undelivered messages. 

 

Cancellation. You may opt out of the Program at any time. Text the keyword STOP to the phone number or short code 44634 to cancel your participation in the Program. After texting STOP to short code that messaged you, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP keyword commands and agree that Lucky Brand and its service providers will have no liability for failing to honor such requests. 

 

Privacy. Please review our Privacy Policy for information about our privacy practices. 

 

Help and Customer Care; Contact Us. You can text the keyword HELP to the phone number or short code that messaged you to receive customer care contact information. If you are experiencing any problems or have questions related to the Program, please contact here or by phone at (866) 975-5825.  

 

Providing Telephone Numbers and Other Contact Information. When you provide your contact information to Lucky Brand, you certify that any such contact information, including, but not limited to, your name, mailing address, email address, and residential, business or mobile telephone number, is true, accurate, and current. As such, you certify that you are the current subscriber or owner of any telephone number(s) that you provide. You understand that you are strictly prohibited from providing a telephone number that is not your own. If you have an account with us, and if we discover that any contact information provided by you when you set up the account is false or inaccurate, we may suspend or terminate your account at any time. 

 

Change in Ownership of Telephone Number(s). If you opted-in to receive SMS text messages from us as set forth below, and the ownership of your telephone number(s), were to change, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us or by texting STOP to short code 44634.

  

19. TERMINATION   

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Site, whichever occurs first.  

 

We reserve the right, without notice and in our sole discretion, to terminate your ability to use the Site, refuse service, terminate accounts, remove or edit content, or cancel orders, and to block or prevent future access to and use of the Site. 

 

20.  MODIFYING THESE TERMS  

Lucky Brand may make changes to these Terms from time to time. If Lucky Brand makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice via its website, or updating the date at the top of these Terms. Unless Lucky Brand says otherwise in its notice, the amended Terms will be effective immediately. Unless material changes are made to the arbitration provision under Section 11, Dispute Resolution; Binding Arbitration, you agree that modification of these Terms does not create a new right to opt out of arbitration. 

 

21.  ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER  

These Terms, including any applicable policy contained in the Site, constitute the entire agreement between you and Lucky Brand relating to the subject matter addressed herein. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The waiver of any provision of this agreement shall not be considered a waiver of any other provision or of Lucky Brand’s right to require strict observance of each of the terms herein.  

 

22.  SURVIVAL  

The parties’ respective rights and obligations under Sections 1, 3, 4, 12, 13, 16, 17 and 18 of these Terms, together with all other provisions that may reasonably be construed to survive, will survive the expiration or termination of these Terms for any reason.

 

23.  MISCELLANEOUS. 

The failure of Lucky Brand to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. Except as otherwise stated, if any provision or part of a provision of these Terms other than Section 11, Dispute Resolution; Binding Arbitration, is found to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions with Lucky Brand may be conducted electronically. 

 

24.  INFORMATION OR COMPLAINTS FOR CALIFORNIA USERS  

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected].  You may also contact us by calling us at (866) 975-5825. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  

 

25.  CONTACT US & ADDITIONAL ASSISTANCE 

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department here or by phone at (866) 975-5825.