Terms & Conditions | Lacoste

TERMS OF USE

THIS TERMS OF USE AGREEMENT (“AGREEMENT”) FORMS A BINDING AGREEMENT BETWEEN YOU (“YOU” OR “USER”) AND LACOSTE USA, INC., LACOSTE OPERATIONS S.A. AND LACOSTE S.A.S. (HEREINAFTER COLLECTIVELY REFERRED TO AS “LACOSTE,” “WE” OR “US”). THE AGREEMENT GOVERNS YOUR USE OF LACOSTE’S ONLINE SERVICES, INCLUDING OUR WEB SITE LOCATED AT HTTP://WWW.LACOSTE.COM/US AND OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”). BY USING THIS SITE, YOU SIGNIFY YOUR CONSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SITE.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE. THIS AGREEMENT SHALL GOVERN YOUR USE OF THE SITE, WHETHER YOU ACCESS THE SITE DIRECTLY OR THROUGH A THIRD-PARTY WEBSITE. CERTAIN AREAS, FEATURES, OR FUNCTIONALITY OF THE SITE MAY BE SUBJECT TO DIFFERENT OR ADDITIONAL TERMS, RULES, GUIDELINES OR POLICIES (“ADDITIONAL RULES”), AND WE MAY PROVIDE SUCH ADDITIONAL RULES TO YOU VIA POSTINGS, POP-UP NOTICES, LINKS, OR OTHER MEANS AT THE TIME THAT YOU ACCESS OR USE THE RELEVANT AREA, FEATURE OR FUNCTIONALITY. FROM TIME TO TIME, SUCH ADDITIONAL RULES MAY CONFLICT WITH THIS AGREEMENT; IN THE EVENT OF SUCH A CONFLICT, THE ADDITIONAL RULES WILL CONTROL. ANY REFERENCE TO THE “AGREEMENT” HEREIN INCLUDES THE ADDITIONAL RULES.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS, SUBJECT TO SOME LIMITED EXCEPTIONS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

BY POSTING ANY CONTENT ON THE SITE, MAKING A PURCHASE ON THE SITE, OR OTHERWISE USING THE SITE (OTHER THAN FOR THE LIMITED PURPOSE OF REVIEWING THIS AGREEMENT OR OTHER AGREEMENTS OR POLICIES POSTED ON THE SITE), YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, HAVE THE LEGAL CAPACITY TO, AND HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND EACH OF ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE.

CHANGES TO THIS AGREEMENT AND THE SITE

ACCOUNT INFORMATION

PURCHASE TERMS

LACOSTE ONLY SELLS PRODUCTS TO ADULTS. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY NOT MAKE A PURCHASE OR PROVIDE ANY INFORMATION TO LACOSTE. IF YOU WISH TO PURCHASE ANY PRODUCT AVAILABLE THROUGH THE SITE, YOU WILL BE ASKED TO SUPPLY CERTAIN INFORMATION RELEVANT TO YOUR ORDER INCLUDING, WITHOUT LIMITATION, INFORMATION ABOUT YOUR METHOD OF PAYMENT (SUCH AS YOUR PAYMENT CARD NUMBER AND EXPIRATION DATE), YOUR BILLING ADDRESS, AND YOUR SHIPPING INFORMATION. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY ORDER.

LACOSTE’S ACKNOWLEDGEMENT OF AN ORDER MEANS THAT YOUR ORDER REQUEST HAS BEEN RECEIVED; IT DOES NOT MEAN THAT YOUR ORDER HAS BEEN ACCEPTED OR SHIPPED OR THAT THE PRICE OR AVAILABILITY OF AN ITEM HAS BEEN CONFIRMED. FROM TIME TO TIME, LACOSTE MAY HAVE TO CANCEL OR REFUSE AN ORDER PLACED BY YOU. WE RESERVE THE RIGHT TO CANCEL OR REFUSE ORDERS IN OUR SOLE DISCRETION, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OTHER THAN REFUNDING YOUR ORDER, IF APPLICABLE. WITHOUT LIMITING THE FOREGOING, WE MAY IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD, OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, AND/OR ORDERS THAT USE THE SAME BILLING AND/OR SHIPPING ADDRESS. IN SUCH AN INSTANCE, IF PRACTICAL, WE WILL NOTIFY YOU OF OUR REASONS FOR CANCELLING OR REFUSING THE ORDER. WE WILL DO SO VIA THE E-MAIL AND/OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. PURCHASE OF OUR MERCHANDISE FOR RESALE PURPOSES IS NOT AUTHORIZED. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS.

YOU AGREE TO PAY ALL CHARGES THAT MAY BE INCURRED BY YOU OR ON YOUR BEHALF ON THE SITE, AT THE PRICE IN EFFECT WHEN SUCH CHARGES ARE INCURRED INCLUDING, WITHOUT LIMITATION, ALL SHIPPING AND HANDLING CHARGES. YOU REMAIN SOLELY RESPONSIBLE FOR ANY TAXES THAT MAY BE APPLICABLE TO YOUR ORDERS. FURTHER, IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, FEDERAL, AND INTERNATIONAL LAWS (INCLUDING MINIMUM AGE REQUIREMENTS) IN REGARD TO THE RECEIPT, POSSESSION, USE, AND SALE OF ANY ITEM PURCHASED FROM THE SITE. BY PLACING AN ORDER, YOU REPRESENT THAT THE PRODUCTS ORDERED WILL BE USED ONLY IN A LAWFUL MANNER. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THE SITES IS VOID WHERE PROHIBITED. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE RISK OF LOSS FOR AND TITLE TO PRODUCTS PURCHASED ON THE SITES PASSES TO THE PURCHASER UPON DELIVERY TO THE CARRIER.

INTELLECTUAL PROPERTY RIGHTS

VIDEO CONTENT ON THE SITES

THE SITE MAY CONTAIN VIDEO CONTENT, AUDIOVISUAL CONTENT, OR CONTENT OF A LIKE NATURE (COLLECTIVELY, “VIDEO CONTENT”). VIDEO CONTENT IS PROVIDED FOR THE PURPOSE OF ENHANCING THE USER EXPERIENCE ON THE SITE AND IS, THEREFORE, PROVIDED IN CONNECTION WITH LACOSTE’S SALE OF APPAREL AND FOOTWEAR. LACOSTE IS NOT IN THE BUSINESS OF RENTING, SELLING, OR DELIVERING VIDEO CONTENT IN A COMMERCIAL MANNER. BY USING THE SITE, YOU AGREE THAT LACOSTE IS NOT A “VIDEO TAPE SERVICE PROVIDER” AS DEFINED IN THE VIDEO PRIVACY PROTECTION ACT (“VPPA”), 18 U.S.C.A. § 2710, AND YOU RELEASE LACOSTE FROM ANY AND ALL LIABILITY, AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST LACOSTE, ARISING UNDER THE VPPA.

FURTHER, THE SITE MAY UTILIZE ONLINE TRACKING TECHNOLOGIES AND CODE-BASED TOOLS, INCLUDING SOCIAL MEDIA PIXELS, SOFTWARE DEVELOPMENT KITS, AND COOKIES THAT TRACK INFORMATION ABOUT YOUR ACTIVITY ON THE SITE (COLLECTIVELY, “TARGETING TOOLS”). TARGETING TOOLS MAY RESULT IN INFORMATION ABOUT YOUR ACTIVITY ON THE SITE BEING TRANSMITTED FROM YOUR BROWSER TO LACOSTE AND TO THIRD PARTIES, WHICH, IN TURN, MAY RESULT IN THE DISPLAY OF TARGETED ADVERTISEMENTS ON THIRD-PARTY WEBSITES. WHETHER TARGETING TOOLS ON THE SITE RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO THIRD PARTIES DEPENDS ON A NUMBER OF FACTORS THAT MAY BE OUTSIDE OF LACOSTE’S KNOWLEDGE OR CONTROL, INCLUDING WHAT THIRD-PARTY WEBSITES YOU USE, WHAT INFORMATION YOU HAVE PROVIDED TO SUCH THIRD PARTIES, AND WHETHER (AND THE EXTENT TO WHICH) YOU HAVE LIMITED THE USE OF COOKIES BY THE OPERATORS OF THIRD-PARTY WEBSITES. AS SUCH, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF TARGETING TOOLS ON THE SITE RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO THIRD-PARTY WEBSITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY LACOSTE UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST LACOSTE BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.

LICENSE

CERTAIN ASPECTS OF THE SITE OR LACOSTE’S SOCIAL MEDIA PAGES MAY PERMIT USERS TO SUBMIT, POST, LINK, SHARE, OR OTHERWISE MAKE AVAILABLE INFORMATION AND CONTENT (“USER CONTENT”). WHILE YOU WILL RETAIN OWNERSHIP ANY INTELLECTUAL PROPERTY RIGHTS THAT YOU HAVE IN YOU USER CONTENT, BY SHARING ANY USER CONTENT ON THE SITE OR SOCIAL MEDIA SITES, YOU ARE GRANTING TO LACOSTE, AND TO ANYONE AUTHORIZED BY LACOSTE, A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, UNRESTRICTED, WORLDWIDE LICENSE TO DISPLAY, USE, COPY, MODIFY, TRANSMIT, SELL, EXPLOIT, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND/OR PUBLICLY PERFORM SUCH MATERIALS POSTED ON LACOSTE’S SITE AND SOCIAL MEDIA SITES, IN WHOLE OR IN PART, IN ANY MANNER OR MEDIUM, NOW KNOWN OR HEREAFTER DEVELOPED, FOR ANY PURPOSE, WITHOUT ANY COMPENSATION TO YOU. ALSO, IN CONNECTION WITH THE FOREGOING LICENSE, YOU GRANT LACOSTE, AND ANYONE AUTHORIZED BY LACOSTE, THE RIGHT TO IDENTIFY YOU AS THE AUTHOR OF ANY OF YOUR USER CONTENT BY NAME, EMAIL ADDRESS OR SCREEN NAME, AS LACOSTE DEEMS APPROPRIATE.

FURTHER, USER CONTENT SHALL NOT BE DEEMED CONFIDENTIAL AND LACOSTE SHALL NOT HAVE ANY OBLIGATION TO KEEP ANY SUCH MATERIAL CONFIDENTIAL. LACOSTE SHALL BE FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES CONTAINED IN SUCH INFORMATION FOR ANY PURPOSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DEVELOPING, MANUFACTURING, AND MARKETING PRODUCTS INCORPORATING SUCH INFORMATION. YOU ARE RESPONSIBLE FOR YOUR USER CONTENT, AND ACKNOWLEDGE THAT ONCE PUBLISHED, WE CANNOT ALWAYS REMOVE IT.

USER CONTENT HAS NOT NECESSARILY BEEN REVIEWED OR APPROVED BY LACOSTE, AND WE, THEREFORE, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY SUCH CONTENT. ANY VIEWS OR OPINIONS EXPRESSED IN USER CONTENT BELONG TO THE USERS WHO SHARED THE CONTENT AND NOT TO LACOSTE. YOUR RELIANCE ON ANY USER CONTENT IS DONE ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, ANY USER CONTENT, INCLUDING YOUR RELIANCE ON ANY SUCH CONTENT.

USER CONDUCT

YOU AGREE TO NOT USE THE SITE IN ANY MANNER THAT:

• IS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF, ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT (INCLUDING BY MEANS OF SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS);

• INTERFERES WITH OR DISRUPTS THE PROPER FUNCTIONING OF THE SITE OR THE SERVICES CONNECTED TO THE SITE;

• INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT OR OTHER RIGHT OF ANY PARTY, OR DEFAMES OR INVADES THE PUBLICITY RIGHTS OR THE PRIVACY OF ANY PERSON, LIVING OR DECEASED (OR IMPERSONATES ANY SUCH PERSON);

• CONSISTS OF ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR ANY OTHER FORM OF SOLICITATION;

• CAUSES LACOSTE TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF OUR INTERNET SERVICE PROVIDERS OR OTHER SUPPLIERS;

• LINKS TO MATERIALS OR OTHER CONTENT, DIRECTLY OR INDIRECTLY, TO WHICH YOU DO NOT HAVE A RIGHT TO LINK;

• IS FALSE, MISLEADING, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, OR BIGOTED;

• COPIES, MODIFIES, CREATES A DERIVATIVE WORK OF, REVERSE ENGINEERS, DECOMPILES OR OTHERWISE ATTEMPTS TO EXTRACT THE SOURCE CODE OF THE SOFTWARE UNDERLYING THE SITE OR ANY PORTION THEREOF;

• VIOLATES, OR ENCOURAGES ANYONE TO VIOLATE THIS AGREEMENT OR OUR PRIVACY POLICY; OR

• VIOLATES, OR ENCOURAGES TO VIOLATE, ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, REGULATION, OR ORDER.

LACOSTE SHALL HAVE THE RIGHT—BUT, TO BE CLEAR, NOT THE OBLIGATION—TO MONITOR, EVALUATE, AND ANALYZE ANY USE OF AND ACCESS TO THE SITE AND/OR TO REMOVE ANY USER CONTENT FROM THE SITE FOR THE PURPOSE OF DETERMINING OR ENFORCING COMPLIANCE WITH THESE TERMS.

NOTWITHSTANDING THE FOREGOING RESTRICTIONS, NOTHING IN THIS AGREEMENT SHALL PROHIBIT OR RESTRICT YOUR ABILITY TO (i) MAKE ANY STATEMENT PROTECTED BY CAL. CIV. CODE § 1670.8; (ii) ENGAGE IN A “COVERED COMMUNICATION” AS DEFINED BY THE CONSUMER REVIEW FAIRNESS ACT, 15 U.S.C.A. §45b; OR (iii) EXPRESS OR PUBLISH ANY REVIEW, PERFORMANCE ASSESSMENT, OR OTHER SIMILAR ANALYSIS (COLLECTIVELY, “REVIEWS”) ABOUT LACOSTE, ITS EMPLOYEES OR AGENTS, THE SITES, OR ITS PRODUCTS OR SERVICES, , TO THE EXTENT THAT SUCH REVIEWS ARE PROTECTED BY APPLICABLE LAW.

NO FRAMING

TRADEMARKS

PERMISSION TO REPRINT

PERMISSION FOR WEB-LINKING

COLORS AND PRODUCT INFORMATION

NOTIFICATION REGARDING COMMUNICATIONS FROM LACOSTE

THIRD PARTY WEB SITES

DISCLAIMER OF WARRANTIES

WE WORK HARD TO MAKE THE SITE INTERESTING BUT WE CANNOT GUARANTEE THAT OUR USERS WILL ALWAYS FIND EVERYTHING TO THEIR LIKING. PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING THE SITE.

LACOSTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." LACOSTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE ACCESSIBLE FROM THE SITE. LACOSTE DOES NOT WARRANT THAT THE FUNCTIONS, INFORMATION, OR LINKS CONTAINED ON THE SITE OR ITS CONTENTS WILL MEET YOUR REQUIREMENTS; THAT THE SITE, OR ITS CONTENTS OR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. LACOSTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL LACOSTE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.

THE SITE IS CONTROLLED AND OPERATED BY LACOSTE FROM ITS OFFICES IN NEW YORK, UNITED STATES OF AMERICA. LACOSTE MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

PRIVACY

TERMINATION OF SERVICE

INDEMNIFICATION

DISPUTE RESOLUTION

YOU AND LACOSTE AGREE TO THE FOLLOWING DISPUTE RESOLUTION PROCEDURE:

IN THE EVENT OF ANY CONTROVERSY, CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THIS AGREEMENT OR ANY PART OF IT("DISPUTE"), EVEN IF THAT DISPUTE AROSE PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT, BOTH PARTIES SHALL FIRST TRY IN GOOD FAITH TO SETTLE SUCH DISPUTE BY PROVIDING WRITTEN NOTICE TO THE OTHER PARTY DESCRIBING THE FACTS AND CIRCUMSTANCES (INCLUDING ANY RELEVANT DOCUMENTATION) OF THE DISPUTE (A “DISPUTE NOTICE”) AND ALLOWING THE RECEIVING PARTY 30 DAYS IN WHICH TO RESPOND TO OR SETTLE THE DISPUTE.

ALL DISPUTE NOTICES MUST: (1) BE PERSONALLY SIGNED BY THE PARTY PROVIDING NOTICE OF THE DISPUTE; (2) PROVIDE THAT PARTY’S NAME, PHYSICAL ADDRESS, AND EMAIL ADDRESS; (3) DESCRIBE WITH SPECIFICITY THE NATURE AND BASIS OF THE DISPUTE, AND INCLUDE ANY DOCUMENTATION IN THE PARTY’S POSSESSION SUPPORTING ITS POSITION IN THE DISPUTE; AND (4) SET FORTH THE ALLEGED DAMAGE AND HARM SUFFERED AND THE SPECIFIC RELIEF SOUGHT WITH A CALCULATION FOR IT. EACH DISPUTE NOTICE IS LIMITED TO A SINGLE DISPUTE BETWEEN YOU AND LACOSTE. AS SUCH, YOUR DISPUTE AND THE DISPUTES OF OTHER PARTIES MAY NOT BE COMBINED INTO A SINGLE DISPUTE NOTICE.

DISPUTE NOTICE SHALL BE SENT TO:

(1) TO LACOSTE: BY FIRST-CLASS OR CERTIFIED MAIL AT LACOSTE USA, INC. 551 MADISON AVE. NEW YORK, NY 10020 ATTN: CUSTOMER SERVICE

(2) TO YOU: BY (1) FIRST-CLASS OR CERTIFIED MAIL TO THE LAST-USED BILLING ADDRESS WE HAVE ON FILE FOR YOU AND (2) EMAIL TO THE EMAIL

ADDRESS WE HAVE ON FILE FOR YOU. IF WE HAVE ONLY YOUR PHYSICAL ADDRESS OR EMAIL ADDRESS (BUT NOT BOTH), WE WILL SEND THE DISPUTE

NOTICE ONLY TO THE CONTACT INFORMATION WE HAVE ON FILE. IF WE HAVE NEITHER A PHYSICAL OR EMAIL ADDRESS ON FILE FOR YOU, OR IF WE ARE,

FOR ANY REASON, UNABLE TO PROVIDE NOTICE VIA THE CONTACT INFORMATION ON FILE, WE RESERVE THE RIGHT TO PROVIDE NOTICE BY SUCH MEANS

AS WE DEEM REASONABLE.

BOTH YOU AND LACOSTE AGREE THAT THE FOREGOING DISPUTE RESOLUTION PROCEDURE (THE “INFORMAL RESOLUTION PROCEDURE”) IS A CONDITION PRECEDENT WHICH MUST BE SATISFIED PRIOR TO INITIATING ANY ARBITRATION OR LITIGATION AGAINST THE OTHER PARTY. IF ANY ASPECT OF THE INFORMAL RESOLUTION PROCEDURE HAS NOT BEEN MET, THE PARTIES AGREE THAT (I) A COURT OF COMPETENT JURISDICTION CAN ENJOIN THE FILING OR PROSECUTION OF ANY ARBITRATION AND (II) UNLESS PROHIBITED BY LAW, THE ARBITRATION ADMINISTRATOR SHALL NOT ACCEPT OR ADMINISTER AN ARBITRATION OR DEMAND FEES IN CONNECTION WITH THE DISPUTE.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

ALL SUCH DISPUTES SHALL BE EXCLUSIVELY SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (JAMS) (WWW.JAMSADR.COM) FOR BINDING ARBITRATION UNDER ITS RULES THEN IN EFFECT (AS MODIFIED BY THIS AGREEMENT) BEFORE ONE ARBITRATOR TO BE MUTUALLY AGREED UPON BY BOTH PARTIES. THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE JAMS CONSUMER ARBITRATION MINIMUM STANDARDS (HTTPS://WWW.JAMSADR.COM/CONSUMER-MINIMUM-STANDARDS/) IF IT IS DETERMINED BY JAMS OR THE ARBITRATOR THAT THESE STANDARDS ARE APPLICABLE TO THE DISPUTE. THE LOCATION OF ANY HEARINGS WILL BE DETERMINED BY THE APPLICABLE JAMS RULES, PROVIDED THAT IF THE CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED (1) SOLELY ON THE BASIS OF THE DOCUMENTS SUBMITTED TO THE ARBITRATOR OR (2) THROUGH A NON-APPEARANCE BASED HEARING BY TELECONFERENCE OR VIDEOCONFERENCE.

THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE ARISING UNDER OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS IS VOID OR VOIDABLE. FOR THE AVOIDANCE OF DOUBT, YOU AND LACOSTE AGREE THAT THE ARBITRATOR SHALL HAVE THE EXCLUSIVE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE, OR VALIDITY OF THIS AGREEMENT TO ARBITRATE OR THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM. THE ARBITRATOR MAY AWARD (ON AN INDIVIDUAL BASIS) ANY RELIEF THAT WOULD BE AVAILABLE IN A COURT. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF.

NOTWITHSTANDING THE FOREGOING, IN LIEU OF ARBITRATION EITHER YOU OR LACOSTE MAY (1) BRING AN INDIVIDUAL CLAIM OR ELECT TO RESOLVE A DISPUTE IN SMALL CLAIMS COURT IN THE UNITED STATES CONSISTENT WITH ANY APPLICABLE JURISDICTIONAL AND MONETARY LIMITS THAT MAY APPLY AND (2) FILE AN INDIVIDUAL CLAIM IN COURT TO ENJOIN THE INFRINGEMENT OR OTHER MISUSE OF ITS INTELLECTUAL PROPERTY RIGHTS, PROVIDED THAT ANY SUCH CLAIM IS BROUGHT AND MAINTAINED ON AN INDIVIDUAL BASIS.

GOVERNING LAW

SEVERABILITY

TERMINATION OF THIS AGREEMENT

GENERAL

COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS

WE COMPLY WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”). IF YOU HAVE A CONCERN REGARDING THE USE OF COPYRIGHTED MATERIAL ON THE SITE, PLEASE CONTACT OUR AG ENT DESIGNATED FOR RESPONDING TO REPORTS OF COPYRIGHT INFRINGEMENT (“DESIGNATED AGENT”). IN THE SUBJECT LINE OF YOUR MESSAGE, PLEASE INCLUDE “RE: CLAIM OF COPYRIGHT INFRINGEMENT.”

OUR DESIGNATED AGENT CAN BE CONTACTED AT:

LACOSTE USA, INC.

551 MADISON AVE.

NEW YORK, NY 10020

ATTN: CUSTOMER SERVICE

EMAIL: customerservice-us@lacoste.com

THE NOTIFICATION MUST BE IN WRITING AND INCLUDE:

1. A SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED; 2. IDENTIFICATION OF EACH ALLEGED INFRINGING COPYRIGHTED WORK OR WORKS; 3. IDENTIFICATION OF THE ALLEGEDLY INFRINGING MATERIAL AND INFORMATION REASONABLY SUFFICIENT TO ENABLE US TO LOCATE SUCH MATERIAL; 4. INFORMATION REASONABLY SUFFICIENT TO ENABLE US TO CONTACT THE PARTY COMPLAINING OF AN ALLEGED INFRINGEMENT (E.G. AN ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS); 5. A STATEMENT THAT THE COMPLAINING PARTY HAS A GOOD-FAITH BELIEF THAT USE OF THE ALLEGEDLY INFRINGING MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND 6. A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND UNDER PENALTY OF PERJURY, THAT THE COMPLAINING PARTY IS AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.

WHEN WE RECEIVE A COPYRIGHT INFRINGEMENT NOTIFICATION, WE MAY REMOVE THE CONTENT IN QUESTION GIVE NOTICE TO THE USER RESPONSIBLE FOR THE CONTENT BY MEANS OF A GENERAL NOTICE ON THE SITE, ELECTRONIC MAIL TO THE USER’S E-MAIL ADDRESS IN OUR RECORDS, OR WRITTEN COMMUNICATION SENT BY FIRST-CLASS MAIL TO A USER’S PHYSICAL ADDRESS IN OUR RECORDS. IF YOU RECEIVE SUCH A NOTICE, YOU MAY PROVIDE COUNTER-NOTIFICATION IN WRITING TO THE DESIGNATED AGENT THAT INCLUDES THE FOLLOWING INFORMATION: 1. YOUR PHYSICAL OR ELECTRONIC SIGNATURE; 2. IDENTIFICATION OF THE MATERIAL THAT HAS BEEN REMOVED OR TO WHICH ACCESS HAS BEEN DISABLED, AND THE LOCATION AT WHICH THE MATERIAL APPEARED BEFORE IT WAS REMOVED OR ACCESS TO IT WAS DISABLED; 3. A STATEMENT FROM YOU, UNDER PENALTY OF PERJURY, THAT YOU HAVE A GOOD-FAITH BELIEF THAT THE MATERIAL WAS REMOVED OR DISABLED AS A RESULT OF A MISTAKE OR MISIDENTIFICATION OF THE MATERIAL TO BE REMOVED OR DISABLED; AND 4. YOUR NAME, PHYSICAL ADDRESS AND TELEPHONE NUMBER, AND A STATEMENT THAT YOU CONSENT TO THE JURISDICTION OF A FEDERAL DISTRICT COURT FOR THE JUDICIAL DISTRICT IN WHICH YOUR PHYSICAL ADDRESS IS LOCATED, OR IF YOUR PHYSICAL ADDRESS IS OUTSIDE OF THE UNITED STATES, FOR ANY JUDICIAL DISTRICT IN WHICH WE MAY BE FOUND, AND THAT YOU WILL ACCEPT SERVICE OF PROCESS FROM THE PERSON WHO PROVIDED NOTIFICATION OF ALLEGEDLY INFRINGING MATERIAL OR AN AGENT OF SUCH PERSON.

IN AN EFFORT TO PROTECT THE RIGHTS OF COPYRIGHT OWNERS, WE MAINTAIN A POLICY FOR THE TERMINATION, IN APPROPRIATE CIRCUMSTANCES, AND WHERE TECHNICALLY FEASIBLE, OF ACCOUNT HOLDERS WHO ARE REPEAT INFRINGERS.

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