COLE HAAN TERMS & CONDITIONS

These Terms of Use are applicable to you upon your accessing the Web Site and/or completing the registration or shopping process. These Terms of Use, or any of them, may be terminated by Cole Haan without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, and Miscellaneous, shall survive any termination.

Cole Haan may deliver notice to you by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in Cole Haan's account information.

In the event a Cole Haan product is unintentionally listed on the Web Site at an incorrect price due to typographical error, an error in pricing information received from our suppliers, or any other reason, Cole Haan shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cole Haan shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cole Haan shall issue a credit to your credit card account in the amount of the incorrect price.

Your use of this Web Site shall be governed in all respects by the laws of the state of New Hampshire, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to New Hampshire Revised Statutes Annotated Section 382-A et. seq. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site and/or the Terms of Use (including but not limited to the purchase of Cole Haan products) shall be in the state courts located in Rockingham County, New Hampshire, or in the United States District Court for the District of New Hampshire. Cole Haan's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Cole Haan may assign its rights and duties under this Agreement to any party at any time without notice to you.

1. To the fullest extent permitted by applicable law, any dispute or claim arising out of or relating in any way to these Terms of Use, your visit to the Web Site, products purchased through the Web Site, or to any purchase, return or other transaction with Cole Haan or our affiliates or vendors, in-store or online (each, a “Claim”) shall be resolved through binding arbitration rather than in court, regardless of when the Claim arises or arose. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. 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 these Terms of Use as a court would. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. In lieu of arbitration, either you or Cole Haan may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.


2. Procedures. Any arbitration under these Terms of Use shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Commercial Arbitration Rules and Mediation Procedures. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. Unless the arbitrator finds some or all of your claims to be frivolous, Cole Haan will reimburse your reasonable attorneys’ fees and costs for claims totaling less than $10,000 and agrees not to seek attorneys’ fees or costs from you.


3. Class action waiver. To the fullest extent permitted by applicable law, you and Cole Haan agree that ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. 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. 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. To the fullest extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative.
   If any portion of this section is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in federal court rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in state court in New York, New York.


4. This section will survive after the Terms of Use terminate or your use of the Web Site ends. Any cause of action or claim you may have with respect to the Web Site must be commenced within one year after the claim or cause of action arises or be barred forever. Notwithstanding the other provisions in this section, if Cole Haan has a reasonable basis to believe that you have in any manner violated or threatened to violate any of Cole Haan’s intellectual property rights, Cole Haan may bring suit in any state or federal court in the state of New York, rather than through arbitration. You agree that you will submit to the jurisdiction of the state and federal courts in the state of New York.

Harassment in any manner or form on the Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Cole Haan or other licensed employee, host, or representative as well as other members or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or use the Web Site to solicit others to join or become members of any other commercial online service or other organization.

Our membership program entitles you to certain benefits as further described on our website. Cole Haan reserves the right to change or cancel the membership program at any time.

The entire content included in the Web Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cole Haan. The collective work includes works that are licensed to Cole Haan. Copyright 2016. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this web site for the sole purpose of placing an order with Cole Haan or purchasing Cole Haan products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the web site solely for your own non-commercial use, or to place an order with Cole Haan or to purchase Cole Haan products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Web Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Web Site.

Cole Haan does not and cannot review all communications and materials posted to or created by users accessing the Web Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Web Site, Cole Haan is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Web Site. However, Cole Haan reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Cole Haan at its sole discretion.

Cole Haan values your input and invites you to rate and review your purchases. Please be sure to explain why you like or dislike the product and focus on the product’s features and your own experience using it. If you upload a photo or video the below terms and conditions for photo sharing apply. If you wish to comment about product selection, pricing, ordering, delivery or other issues, please contact our customer support.

By submitting a photograph or video (both referred to as photograph) to Cole Haan or by otherwise agreeing to our use of a photograph according to these Terms of Use, you agree that you have read and fully understand these Terms of Use and will comply with them in their entirety.

1. Copyrights: Please do not send or upload photographs that you didn’t take yourself or don’t have permission to send or upload. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the photograph used and shared by Cole Haan in accordance with these Terms of Use.


2. Permission of any person pictured: Make sure that you have permission to take the photograph of any and all people appearing in the photograph and have their permission to have their image used by Cole Haan. Do not send or upload pictures that contain minors. You represent and warrant that you have express permission of everyone who appears in the photograph to be photographed and have the photograph used and shared by Cole Haan in accordance with these Terms of Use. Before obtaining their permission and sharing the photo with Cole Haan, send them a copy of or a link to these Terms of Use.


3. Cole Haan’s use of photographs and content: You keep all of your ownership rights to any photograph or other content but give Cole Haan permission to use the photograph as determined by Cole Haan. By submitting, or otherwise agreeing to our use of, a photograph or other content, including but not limited to photo captions and your name, (collectively, “Content”), you grant Cole Haan the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. Cole Haan reserves the right to use, not use, or discontinue using any Content in our sole discretion at any time.


4. The content you submit: You agree not to submit any Content that:
   1. Infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark.
   2. Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other right.
   3. Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.
   4. Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
   5. Violates any law, statute, ordinance, or regulation.
   6. Contains advertising, spam, references to other websites or retailers.
   7. Contains personal information such as e-mail addresses, phone numbers or physical addresses.


5. Conflict Resolution, waiver and indemnity If you have a disagreement with Cole Haan or believe that any of your Content has been used without your permission or in violation of your rights, you can reach Cole Haan at:

Cole Haan LLC
150 Ocean Road
Greenland, NH 03840
privacy@colehaan.com

You irrevocably waive all rights and agree to release and hold harmless Cole Haan from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation or any moral or artist rights; personal injury, or any other similar matter. You further agree to indemnify, defend, and hold Cole Haan harmless from any claim or cause of action related to your violation of any these Terms of Use.

In an attempt to provide increased value to our visitors, Cole Haan may choose various third party web sites to link to from our own Web Site. However, even if the third party is affiliated with Cole Haan, Cole Haan has no control over these linked web sites, which each have separate privacy and data collection practices, independent of Cole Haan. Cole Haan has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of our Web Site and the links placed upon it and therefore we request feedback on not only our own Web Site, but for web sites we link to as well (including if a specific link does not work).

All trademarks, service marks and trade names of Cole Haan used herein (including but not limited to the Cole Haan word trademark, the composite Cole Haan and Needle and Thread trademark, the Cole Haan Needle and Thread Crest trademark, and the Cole Haan monogram trademark) are trademarks or registered trademarks of Cole Haan.

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

THIS WEB SITE AND THE MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLE HAAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COLE HAAN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLE HAAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU