SITE TERMS AND CONDITIONS
Welcome to GUESS.com. Please review the following basic rules governing your use of and purchase of products from this site (collectively, "Agreement").
THESE TERMS AND CONDITIONS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. IN THE EVENT OF A DISPUTE, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT. THESE TERMS INCLUDE A DISCLAIM OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.
Use Of This Site Constitutes Acceptance Of These Terms And Conditions
GUESS.com may make changes to the information contained in this Internet site, or to the services described and contained therein at any time and without notice. GUESS.com may from time to time change the rules that govern your use of this Internet site. Your use of this Internet site following any such change constitutes your agreement to follow and be bound by the rules as changed. GUESS.com may change, move or delete portions of, or may add to this site from time to time.
All trademarks, service marks and trade names on this site, including without limitation, "GUESS" and "GUESS" alone and in combination with the inverted triangle design are property of GUESS, Inc. "GUESS". No use of these may be made without the prior written authorization of GUESS.com, except to identify the products or services of GUESS.com. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by GUESS.com or by other third parties. No license is granted with respect to these intellectual property rights.
All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively,"Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by GUESS.com collectively, and its subsidiaries and/or affiliates ("GUESS.com"). This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by GUESS.com and all other GUESS.com trademarks appearing on this site are trademarks of GUESS.com.
The Contents of this Internet site, and this site as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
Communications and Submissions
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to GUESS.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain GUESS.com property. Such disclosure, submission or offer of any comments shall constitute an assignment to GUESS.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. GUESS.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. GUESS.com shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that GUESS.com may use information about you for marketing, product development and promotional purposes. GUESS.com is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.
GUESS.com products are available in select GUESS stores and specialty stores. GUESS.com cannot guarantee that the products displayed on this site will be available at every authorized GUESS retailer; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by GUESS.com at any time without notice. Prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States.
This site may provide links or references to other sites. However, GUESS.com assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GUESS.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT GUESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
NJ Residents: the Disclaimer section of this Agreement is inapplicable to you.
Limitation Of Liability
You agree to defend, indemnify and hold GUESS.com harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, GUESS.com shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
NJ Residents:the Limitation Of Liability section of this Agreement is inapplicable to you.
Dispute Resolution – BINDING ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Any dispute, claim, or controversy arising from or relating to this Agreement, your use of GUESS.com, purchases made through GUESS.com, or to any products or services sold, distributed, or manufactured by Guess?, Inc. (“GUESS”) will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify. Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision. The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.
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 this Agreement as a court would.
The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes. The JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall issue a written award setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award may be entered in any court of competent jurisdiction.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules. However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GUESS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, GUESS will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against GUESS are frivolous or brought in bad faith.
YOU AND GUESS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGSHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor GUESS are entitled to arbitration.
This Agreement is governed by the laws of the State of California without regard to conflict of law principles.
If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within the Central or Southern Districts of California or, if applicable, state courts for the counties within those two federal districts.
Notwithstanding any other provision in this Agreement to the contrary, to the extent GUESS makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Guess notice of prior to the change in the dispute resolution provision.
To provide us notice of an arbitration demand, send the demand to our registered agent: Guess?, Inc., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.
This site and the Contents therein are displayed solely for the purpose of promoting GUESS.com products and services. This site is controlled and operated by GUESS.com from its offices in Los Angeles, California. GUESS.com reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. GUESS.com makes no commitment to update this information.
This Agreement remains in effect unless and until terminated by either you or GUESS.com. You may terminate this Agreement at any time. GUESS.com may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in GUESS.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or GUESS.com, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Sales and Promotions
Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on previously purchased merchandise or purchases of gift cards. Sale and promotion start and end times are displayed in US Eastern time. GUESS?, Inc. reserves the right to extend, modify or discontinue any offer at any time without notice.
Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products. Products are not offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by GUESS? Inc. until your products are shipped from our warehouse. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of GUESS? INC. product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites. We may modify this policy at any time without prior notice.
TITLE TO GOODS
All items purchased from GUESS are made pursuant to a shipment contract. After GUESS fulfills an order you have placed, title of said merchandise shall transfer from GUESS to you from GUESS’ facility in the U.S.
GUESS LIST LOYALTY PROGRAM TERMS (“TERMS”)
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.
Please read these Terms carefully for important information about your rights and obligations in the GUESS List Loyalty Program (“Program”). By participating in the Program, you agree to these Terms and all future Program rules as a GUESS List Loyalty Program member (“Member”).
In these Terms, “you” and “your” mean the Member. “We,” “our,” and “us” mean Guess?, Inc. “Bank” means Comenity Capital Bank or its assignees.
The Program is provided by GUESS?, Inc. and GUESS? Canada Corporation (collectively, “GUESS”). Guess is solely responsible for Program operation and may, in its sole discretion, withdraw the Program or change the terms of the Program at any time, for any reason.
1. General Information; Definitions.
The Program provides GUESS, GUESS Factory, GBG and Marciano customers with the following benefits subject to these Terms (collectively, the “Benefits”). The Program allows you to earn points (“Points”), upon enrolling in the Program and on the dollars you spend on qualifying purchases at participating stores, as described in Section 5 below. For every 200 Points earned, you will receive a $10 Reward applicable towards your next purchase at a Participating Store (a “Reward), as described in Section 6 below.
2. Eligibility; Withdrawal of Program.
No purchase is necessary to become a Member. Member must be a legal resident of the United States, Puerto Rico or Canada and 13 years of age or older to participate in the Program. Employees of GUESS, its subsidiaries and affiliates, and their immediate families, and others who are eligible for employee-based discounts, or Members of any corporate or wholesale account of GUESS are not eligible for Membership in the Program and Program Benefits may not be applied towards transactions by such individuals. Any points earned in the program prior to employment at GUESS will be forfeited.
To enroll to become a Member, you must either (1) visit a Participating Store and provide your full name, a valid e-mail address and your current zip code to receive your GUESS List Loyalty Card or (2) simply apply online at www.GUESS.com or www.GUESS.ca, provide your full name and a valid e-mail address and a virtual Loyalty Card will be issued to you. Virtual cards can be used online and in store. If you wish to use your physical card online, create an account with the same email address that is linked to the physical card. You must provide a valid e-mail address to be eligible to receive any Benefits associated with the Program.
You may cancel your participation in the Program in accordance with Section 13 at any time. Unless you cancel your participation, you will remain enrolled in the Program. We may withdraw the Program or deny, suspend, revoke, or discontinue your participation in the Program at any time for any reason, with or without notice.
3. Benefits of the Program.
The Program provides the following Benefits subject to the terms and conditions contained in this Agreement:
4. Participating Stores
The GUESS List Loyalty Card is accepted at most GUESS, GUESS Accessory, GUESS Factory, GBG and Marciano stores located in the United States (including Puerto Rico) and Canada and for most products available online at www.GUESS.com, www.GUESS.ca, www.Marciano.com, www.Guessfactory.com, www.Guessfactory.ca, www.gbyguess.com & www.gbyguess.ca and www.ShopMarciano.ca (“Participating Stores”).
The GUESS List Loyalty Card is not accepted at the following Non-Participating locations: international locations; certain GUESS, GUESS Accessory and Marciano stores in the US and Canada as may be determined by GUESS from time to time; any third-party locations carrying GUESS products within the United States, Puerto Rico, or Canada; for telephone orders at any Participating Stores; or through third-party online websites. Certain restrictions apply.
5. Earning Points.
GUESS RESERVES THE RIGHT, WITHOUT LIMITATION, TO TERMINATE, CHANGE, LIMIT, MODIFY, OR CANCEL ANY OF THE MEANS OF EARNING POINTS AND THE NUMBER OF POINTS EARNED (WHETHER THROUGH PURCHASE OR ENGAGEMENT), AT ANY TIME, WITH OR WITHOUT NOTICE.
The Program is limited to earning Points for enrollment and Net Qualifying Purchases when the GUESS List Loyalty Card is scanned or used in connection with any Qualifying Purchase. Upon enrollment into the Program, Members will automatically receive 50 bonus Points towards their first Reward. “Qualifying Purchases” are purchases made at Participating Locations, excluding purchases of gift cards and certain merchandise items that are excluded in particular promotions and shall be calculated based on the final sale prices of merchandise after any applicable discounts and coupons are applied (including Rewards redeemed) and before sales tax and shipping and handling (if applicable) is added, rounded to the nearest dollar. Points shall be calculated based on the final sale prices in the local currency.
Points are not earned on, and the term “Net Qualifying Purchases” does not include: returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, debt cancellation products, purchases made by or for a business or for a business purpose, balance transfers, interest, fees or other Account activity. Qualifying Purchases also exclude purchases of gift cards and certain merchandise items that are excluded in particular promotions and shall be calculated based on the final sale price of merchandise after any applicable discounts and coupons applied (including Rewards redeemed) and before sales tax and shipping and handling (if applicable). Points shall be calculated based on the final sale price in the local currency. Other exclusions may apply. We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Qualifying Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other account. Points you earn may not be combined with Points earned by anyone else (other than your Authorized User(s), as described above). POINTS EARNED HAVE NO CASH VALUE AND MAY NOT BE USED AS PAYMENT OF ANY OUTSTANDING OBLIGATION TO THE BANK OR ITS AFFILIATES OR TO GUESS. Points earned from a Qualifying Purchase shall be deducted from Member’s account if the Qualifying Purchase is returned or exchanged.
(a) Points for Net Qualifying Purchases.
(b) Points for Special Offers. From time to time, we may make special offers for you to earn additional Points for Net Qualifying Purchases. These additional points are called “Bonus Points.” The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. For mail order, special order, online, and other purchases, please be aware that we may not charge you until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Qualifying Purchase (in this case, your purchase minus return).
(c) Posting of Points Earned; Expiration; Forfeiture. Points from a Net Qualifying Purchase will post to your account within 30 days of in-store purchases, date of on-line purchase or date of shipment. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Qualifying Purchases. Points will remain available in your Points balance until they are redeemed for a Reward Certificate as described in Section 6, are forfeited, or expire. Points balances will be displayed via the Member’s online account, the GUESS mobile app, and in participating stores the day after the points are loaded into the GUESS system.
Points will expire 6 months from the date of your last purchase using your GUESS List Loyalty Card Additionally, except as otherwise provided by applicable law, you will forfeit all unused Points if your participation in the Program is terminated or your Account is cancelled for any reason. You will also forfeit Points as described below and in Sections 11 and 13. You will not receive any compensation or new Points for your Points that expire or are forfeited.
Points may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorney’s fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
When you earn enough Points (a “Reward Level”), you will be eligible for a Reward coupon. Rewards are coupons for discounts off future Qualifying purchases and may only be redeemed for a discount off purchase amounts equal to or greater than the amount of the sum of the Rewards presented for redemption at Participating Stores, excluding tax.
The current Reward Level is 200 Points and the Reward earned is based on your loyalty tier.
Reward Levels are subject to change without notice. Once you’ve earned a Reward coupon, your Points balance will be reduced by the number of Points used to obtain the Reward coupon. Rewards will be issued to your Loyalty Card approximately 72 hours after reaching the appropriate Points accrual level. You can view your earned Rewards via your loyalty account or by visiting a participating store at checkout. During online checkout, reward amounts are displayed in the Members account and a Member can apply rewards to their order balance. Rewards can only be used within the United States and Canada.
Reward coupons expire 60 days from the date they are issued. Once issued, Reward coupons cannot be withdrawn or changed by us, even if we withdraw or modify the Program, except as expressly provided in these Terms.
Reward Coupon(s) cannot exceed the transaction amount. You may not combine a Reward coupon with any other discount or certificate, except as otherwise provided in the offer. Each Reward coupon may be used for only one purchase. Rewards shall not be refunded if you return or exchange merchandise purchased using a Reward coupon. Points earned towards such Reward shall not be reinstated to your account. Reward coupons are issued for reward purposes only. Reward coupons have no cash value, may not be applied to taxes or shipping charges, and may not be redeemed for partial Rewards, merchandise or any other value.
Reward coupons will not be honored retroactively in connection with any prior purchases. Reward coupons may not be used as payment of any outstanding obligations to the Bank or its affiliates. Any additional exclusions or limitations for use of Reward coupons will be provided to you on the Reward via email notification.
To the extent allowed by applicable law, we may cancel any earned or outstanding Reward coupon if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
7. Communications, Program Activity and Customer Service.
We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law. Member shall be responsible for maintaining accurate and updated personal information with the GUESS List Loyalty Membership Program Department. As needed, you agree to promptly update your contact information online at www.GUESS.com and www.GUESS.ca or at any Participating Store. We are not responsible for Reward coupons or communications lost or undelivered due to incorrect or changed address or other contact information.
You can view your Program activity on your online account page at shop.guess.com/en/account/logon.
8. Points Disputes
If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance (“Points Dispute”) by immediately mailing correspondence to GUESS List Loyalty Program, Attn: Customer Care, 1444 S. Alameda Street, Los Angeles, CA 90021. We will use reasonable efforts to investigate your Points Dispute if you notify us within 30 days of the posting date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Please note that the dispute rights with respect to your Account under the Account Agreement do not apply to these Terms or to your rights and remedies under these Terms, which are solely as set forth in these Terms. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.
9. Limited Liability.
Unless otherwise required by law or our agreements with you, neither GUESS?, Inc. nor the Bank, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Reward coupons obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms.
10. No Warranties.
The Bank does not: (a) endorse Reward coupons or products or services purchased at GUESS using Reward coupons; (b) make any express or implied warranty regarding Reward coupons or products or services purchased at GUESS; (c) guarantee the performance of Reward coupons or products or services purchased at GUESS; or (d) offer, operate or control Reward coupons offered through this Program.
Subject to any requirements or limitations of applicable law, we may at any time for any reason add to, change, limit, or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect issued or redeemed Reward coupons except to the extent allowed by applicable law.
You are solely liable for any applicable taxes arising out of the accrual or use of Points or Reward coupons. Consult your tax advisor concerning such tax consequences.
13. Cancelling Program Participation.
You may cancel your participation in the Program at any time by mailing correspondence to GUESS List Loyalty Program, Attn: Customer Care, 1444 S. Alameda Street, Los Angeles, CA 90021. If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously issued Reward coupons unless you also close your Account.
14. Governing Law; Assignment.
The Program and these Terms are governed by federal law and, to the extent state law applies, the laws of the State of California, without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS ARISING FROM OR RELATING TO THESE TERMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
“Claim,” as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.
15. Agreement to Arbitrate.
ANY PARTY MAY ELECT TO ARBITRATE ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS (INCLUDING DISPUTES ABOUT THE VALIDITY, SCOPE OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATION), IN WHICH CASE SUCH CLAIM SHALL BE SETTLED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.
The arbitration will be conducted by the American Arbitration Association (“AAA”), JAMS, or any other company selected by mutual agreement of the parties (the “Administrator”), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator’s rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator’s decision must be with written explanation and remain confidential. For purposes of this Section 15, these Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Terms for the first time. You may send your opt-out notice by mail or hand delivery to GUESS List Loyalty Program, Attn: Customer Care, 1444 S. Alameda Street, Los Angeles, CA 90021. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to us at 1444 S Alameda St., Los Angeles, CA 90021.
16. Entire Agreement; Severability; Conflicts; No Waiver.
These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.