COLE HAAN TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THE WEB SITE IS GOVERNED BY AN AGREEMENT TO ARBITRATE DISPUTES.
Term and 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.
Claim Resolution, Arbitration Agreement, Class Action Waiver
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.
Use of Web Site
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.
Membership (Above & Beyond)
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.
Terms & Conditions for Photo Sharing
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.
The content you submit: You agree not to submit any Content that:
Infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark.
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.
Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.
Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
Violates any law, statute, ordinance, or regulation.
Contains advertising, spam, references to other websites or retailers.
Contains personal information such as e-mail addresses, phone numbers or physical addresses.
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 International B.V.
1017 CJ Amsterdam
Third party links
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.
Personal Information Submitted Through the Sites
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