The Lauren Look is an online retail and subscription service that allows women to access an unlimited wardrobe in order to shop better, wear smarter, and rediscover the fun of fashion.
The Lauren Look allows women to wear the trend today and return it tomorrow, skipping the commitment of buying a single piece.
The Lauren Look offers diversity and the flexibility to try new trends from over thousands of styles without the pressure of purchase.
The following Terms of Service (“Terms”) between you and Ralph Lauren Media LLC (“we,” “our,” “us,” or “Ralph Lauren”) describes the terms and conditions on which you may access and use www.thelaurenlook.com (the “Site”), the Lauren Look mobile app (the “App”), and related services (together with the Site, the App, and our Content (as defined below) the “Services”).
By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
The disclaimers, terms, and conditions in these Terms are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose.
If you choose to purchase or rent any clothing or accessories (“Products”) through our Services, your use of the Services is further conditioned on the Sale and Rental Agreement, incorporated here by reference.
If you participate in our Referral Program, your use of the Services is further conditioned on the Referral Policy, incorporated here by reference.
In the event of a conflict between these Terms on the one hand and either the Sale and Rental Agreement or the Referral Policy on the other hand, the terms and conditions that are more protective of Ralph Lauren shall control.
BY ACCESSING OUR SERVICE, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE.
YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
IMPORTANT NOTICE: Your use of our Services is subject to an arbitration provision in Section 9 requiring all claims to be resolved by way of binding arbitration.
By agreeing to these Terms, you and Ralph Lauren hereby waive any right to participate in a Class-Action lawsuit or class-wide arbitration.
1. GENERAL CONDITIONS
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Services under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase Products via the Services.
If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
B. Modification of the Services or the Terms
We may revise and update these Terms from time to time, and will post the updated Agreement to our Site or App. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING.
Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not apply retroactively to events that occurred prior to such changes.
Your continued use of our Services will constitute your agreement to any new provisions within the revised Agreement.
When you create a guest account or sign up for a Membership with us, you opt-in to receive communications from Ralph Lauren about our Services, products, and other offerings.
If you receive unwanted marketing emails from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails.
2. USE OF THE SERVICES
A. The Lauren Look Content
All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“The Lauren Look Content”) is available to you on an “as is” basis and is to be used for general information purposes only.
Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. This Site, the Services and all content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Except as otherwise described herein. Ralph Lauren reserves all rights not expressly granted in and to the Site, the Services, Trademarks and The Lauren Look Content. The Lauren Look Content is provided with the understanding that such information does not constitute professional advice or services.
As such, you agree not to rely upon or use any The Lauren Look Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include The Lauren Look Content. We may update The Lauren Look Content, including Product descriptions and specifications, as we deem appropriate and without notice to you.
If you have any questions about the existence of more current information, please send those questions to RL-LegalNotices@ralphlauren.com. We will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
We cannot and do not assume any responsibility for your use or misuse of The Lauren Look Content or any other information transmitted, monitored, stored, or received while using the Services.
B. Third Party Content
The Services may contain links or references to non-The Lauren Look websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Ralph Lauren is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content.
Any Third Party Content is independent from Ralph Lauren, and Ralph Lauren has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Ralph Lauren endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Content available on or through our Services.
C. Acceptable Use Policy
No part of the Services, including The Lauren Look Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Ralph Lauren authorizes you to view, copy, download, and print The Lauren Look Content (such as press releases and FAQs) that is available on the Services, provided that: (a) you use The Lauren Look Content solely for your personal, noncommercial, informational purposes; (b) you do not modify The Lauren Look Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on The Lauren Look Content.
You may not use the Services to: (i) transmit any content, information or other materials that are, or which Ralph Lauren considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity;
(ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code;
(iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party;
(vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; (vii) impersonate any other person, including but not limited to, a Ralph Lauren representative;
(viii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
(ix) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation, solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
(x) violate these Terms, or any applicable local, state, national or international laws or regulations; or (xi) use our Services or The Lauren Look Content to develop a competing service or product.
You also agree that you will not (and will not attempt to or permit any third party to): use any device, software, malicious code or destructive routine intended to damage or otherwise interfere with the proper functioning of our Site, App, servers, or networks connected to our Services or take any other action that interferes with any other person’s use of our Services.
You will not reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
There may be delays, omissions, or inaccuracies in the Services, including The Lauren Look Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
3. YOUR CONTENT
A. License to Your Content
If you post, upload or make available to The Lauren Look or the Services, or otherwise submit to or through The Lauren Look as part of your use of the Services, including the Site or App, any information, data, documents, text, images, files, links, software, chat, communication or other materials,
including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Ralph Lauren a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit,
display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and
distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further
notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content.
B. Obligations for Submitting Your Content
By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 2(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit,
and to authorize The Lauren Look to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted.
None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
C. No Responsibility
By providing Your Content via the Services, you understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any Your Content.
You agree that we are not liable for any legal violation caused by your use or misuse of Your Content or other information transmitted, monitored, stored, or received while using the Services and you will indemnify Ralph Lauren for all claims resulting from or relating to Your Content.
We reserve the right to amend or delete any of Your Content (along with the right to terminate or restrict use of or access to the Services) that in our sole discretion violates any provision of these Terms.
4. YOUR ACCOUNT
Access to the Services requires you to be registered with us via a The Lauren Look-generated registration form. This form will require you to provide certain requested information (including personal information).
At such time, you will be provided with an account and login information including a username and password to successfully complete the registration process.
B. Unauthorized Use and Information Changes
You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.
You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities related to your account.
You also agree that you will provide truthful and accurate information during the registration process.
We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
C. Storing Credentials
The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services.
If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account.
You are responsible for any damages to The Lauren Look or the Services resulting from unauthorized access to the Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
5. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including The Lauren Look Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Ralph Lauren and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
Trademarks, logos, and service marks displayed in connection with the Services (collectively, “Trademarks”) are registered and unregistered trademarks of Ralph Lauren Media LLC and Ralph Lauren Corporation, their licensors or content providers, or other third parties.
All of these Trademarks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or in connection with the Services without the owner’s prior written permission.
These marks include, but are not limited to, “Lauren”, “The Lauren Look”, “Polo,” “Ralph Lauren,” and “Polo Ralph Lauren”. Ralph Lauren and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any The Lauren Look Content or Trademarks.
You or third parties acting on your behalf are not allowed to frame this Site or use our Trademarks or The Lauren Look Content as meta tags or otherwise, without our written consent.
You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Ralph Lauren’s express written consent.
Further, you may not utilize any The Lauren Look Content in any meta tags or any other “hidden text” techniques or technologies without Ralph Lauren’s express written consent.
B. Services License
On the condition that you comply with all your obligations under these Terms, and subject to additional terms of any third-party licenses applicable to third-party software included in the Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely in connection with your personal, non-commercial purposes.
We reserve all rights not otherwise expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any license granted in these Terms and limit your access to the Services.
Any use of the Services that exceeds the rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms, which may result in the termination of your right to access and use the Services.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted.
You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that The Lauren Look may use your Feedback without restriction or obligation to you or any third party.
D. Notice and Take Down Procedures; Copyright Agent
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
In order for us to more effectively assist you, the notification must include ALL of the following:
1. A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
2. A description of the copyrighted work you claim has been infringed;
3. Information reasonably sufficient to locate the material in question on the Site;
4. Your name, address, telephone number, email address, and all other information reasonably sufficient to permit Ralph Lauren to contact you;
5. 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
6. 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 are authorized to act on behalf of the copyright owner.Ralph Lauren is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
6. MOBILE TERMS
A. Mobile Charges
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device (“Mobile Device”).
You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges.
YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
B. Additional Terms Applicable on the Android Market/Google Play
We and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or affiliates (“Google”), are a party to these Terms, and you will look to Ralph Lauren for any recourse, and not Google.
You agree to be bound by the then-current Android Market Terms of Service as found on Google’s websites (located at http://www.google.com/mobile/android/market-tos.html) and the Google Play Terms of Service (located at https://play.google.com/about/play-terms.html).
You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
To the extent there is a conflict between any of the terms contained herein and those set forth in the Android Market Terms of Service or Google Play Terms of Service, the Android Market Terms of Service or Google Play Terms of Service will prevail and govern.
C. Additional Terms Applicable on the Apple App Store
The following applies to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store.
You acknowledge and agree that these Terms are solely between you and Ralph Lauren, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you;
to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms.
You and Ralph Lauren acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation. You and Ralph Lauren acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, The Lauren Look, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You must comply with applicable third party terms of agreement when using the App. You and Ralph Lauren acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms,
Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time.
In order to deactivate your account, please contact us at RL-LegalNotices@ralphlauren.com.
You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By The Lauren Look
Any violation of these Terms, including any of the prohibitions in Section 2(C), may result in suspension or termination of your access to the Services and/or removal of Your Content.
Ralph Lauren may also terminate your account if Ralph Lauren determines that your conduct poses a risk or liability to The Lauren Look, or for any other reason as determined by Ralph Lauren in its sole discretion.
C. Effects of Termination
The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including,
without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability,
indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
8. DISCLAIMER OF WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITY
A. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 1(F) OF THE RENTAL AND SALE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE,
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHERWISE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RALPH LAUREN, AND ITS SUBSIDARIES, AFFILIATES, OFFICERS, VENDORS, MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
(1) YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS OR SUBSCRIPTION TO A MEMBERSHIP; (2) YOUR VIOLATION OF THESE TERMS, (3) ANY OF YOUR CONTENT YOU POST OR PROVIDE THROUGH THE SERVICES, (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (5) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
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.
RALPH LAUREN 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 RALPH LAUREN IN THE DEFENSE OF SUCH MATTER.
C. Limitation of Liability
YOU EXPRESSLY AGREE TO WAIVE AND RELEASE AND HEREBY WAIVE AND RELEASE, ANY AND ALL CLAIMS AND LIABILITIES AGAINST RALPH LAUREN THAT ARISE FROM YOUR USE OF THE SERVICES OR, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SERVICES IN VIOLATION OF THIS THESE TERMS, THE RENTAL AND SALES AGREEMENT, THE REFERRAL POLICY, OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL RALPH LAUREN OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RALPH LAUREN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RALPH LAUREN NOR ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR SERVICES.
IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THESE TERMS SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF RALPH LAUREN AND ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR CONTRACTORS UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RALPH LAUREN.
9. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 9 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding).
Please read it carefully.
A. Mandatory Arbitration
Ralph Lauren, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms, your use of the Services,
or to any products or services sold or distributed by us through use of the Site or the Services, or to any dispute of any nature between you and Ralph Lauren, including disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”),
as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court.
Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to represent, in a class action or otherwise, anyone but ourselves.
The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and federal arbitration law apply and govern the interpretation and enforcement of these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages),
and must follow the terms of these Terms as a court would.
B. Commencing a Dispute
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808.
During the first 45 days after we receive your notice (the “Pre-Arbitration Period”), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration.
The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Agreement.
The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/ and at https://www.adr.org or by calling 1-800-352-5267.
Arbitration firms ordinarily charge fees to both sides to conduct arbitrations. The claimant in arbitration heard by JAMS has to pay $250 to start a case, whether the claimant wins or loses.
In the event you commence arbitration for an amount less than $10,000, after we receive notice that you have done so, we will reimburse you for your payment of this filing fee and we will pay
JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services, pursuant to the JAMS Rules.
We will not seek to recover the filing fee we reimbursed to you unless the arbitrator determines that you brought your claim frivolously or for an improper purpose.
Each of us may incur attorneys’ fees during the arbitration. Each of us will bear our own attorneys’ fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits.
If applicable law does not permit a prevailing party to recover its attorneys’ fees, but you prevail in the arbitration and win an award at least 25% greater than our highest pre-arbitration settlement offer,
then we will pay your reasonable attorneys’ fees for time reasonably expended at rates that prevail for attorneys in your home county, in an amount not to exceed the greater of $10,000 or 20% of the arbitrator’s damages award to you.
If we prevail in the arbitration, we will seek to recover our reasonable attorneys’ fees and reimbursement of arbitration costs only if applicable law permits a prevailing party to see fees
or if the arbitrator finds that you brought a claim frivolously or for an improper purpose and applicable law does not preclude us from seeking our fees and costs.
C. The Arbitration
The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the JAMS Rules.
If your claim is for $10,000 or less, we agree, pursuant to the JAMS Rules, that the dispute should be resolved without an oral hearing, unless the arbitrator requests otherwise.
Any in-person hearing for a claim of less than $10,000 must be conducted in New York, New York. If your claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the JAMS Rules.
Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
D. Class Action Waiver
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in New York County, New York.
We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING.
Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding.
If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
You consent to receive communications from us, including email, text messages, calls, direct mail, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information.
We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you.
You may opt out of receiving communications by emailing RL-LegalNotices@ralphlauren.com or calling us at 1-866-764-2846. You acknowledge that opting out of receiving communications may impact your use of the Services.
B. Consent to Do Business Electronically
We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms.
Neither you nor Ralph Lauren will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party.
You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby.
You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
C. Jurisdictional Issues
Ralph Lauren makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws.
The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Ralph Lauren intends to announce or make available such products or services to the general public, or in your country.
Contact Ralph Lauren at [Insert E-mail Address] to determine which products and services may be available to you.
D. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states.
You agree not to export the Services, including The Lauren Look Content, or any part thereof, in any way, in violation of United States law.
E. Equitable Relief
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone.
As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
F. Governing Law/Venue
The laws of the State of New York govern these Terms and your use of the Services We recognize that it is possible for you to obtain access to this Services from any jurisdiction in the world, but we have no practical ability to prevent such access.
This Services has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site or provided in connection with the Services, or your use of the Services, is contrary to the laws of the place where you are when you access it,
the Site and Services are not intended for you, and we ask you not to use the Site or the Services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
G. Entire Agreement
These Terms are the entire agreement between you and Ralph Lauren relating to the subject matter herein and shall not be modified except by Ralph Lauren in accordance with these Terms, or as otherwise agreed in writing by you and Ralph Lauren.
No employee, agent or other representative of Ralph Lauren has any authority to bind Ralph Lauren with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
H. Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter,
nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Ralph Lauren may assign these Terms at any time without notice to you.
J. Force Majeure
Ralph Lauren will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Ralph Lauren’s reasonable control.