Terms & Conditions
LAST UPDATED: July 15, 2022
We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site.
Please note that all options available on www.michaelkors.com or www.michaelkors.ca may not be available on any mobile applications owned by and/or operated by us or where the Sites are accessed using a mobile device.
Table of Contents (click on any item below to skip directly to that section):
- Our Proprietary Rights
- Limited License
- User Accounts
- Submitted Materials
- Rules of Conduct
- Public Forums
- Right to Monitor and Editorial Control
- Pricing and Other Errors
- Linking to the Sites
- Third-Party Websites
- Third-Party Providers & App Stores
- SMS Terms of Service
- Disclaimer of Warranties
- Limitation of Liability
- Jurisdictional Issues
- Notices of Claimed Copyright Infringement
- Contact Us
- Third-Party Provider Terms
1. Our Proprietary Rights. Except for your Submitted Materials (as defined in Section 5 below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.
2. Limited License. Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Sites) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
3. Trademarks. The trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content (including, without limitation, MICHAEL KORS, MICHAEL MICHAEL KORS, MK MICHAEL KORS, etc.) are registered and unregistered trademarks of the COMPANY and other persons (collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Sites should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.
4. User Accounts. Using certain features on the Sites may require creating an account (“Account”) and submitting personal information (including creative a username and password used to access the account). The Site’s information collection and use policies are set forth in the Site’s privacy notice, which is incorporated herein by this reference. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Sites for any reason.
5. Submitted Materials. Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, reviews, ratings, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.
By submitting, uploading, posting or sending Submitted Materials to, on or through the Sites, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites for our use, in accordance with these Terms and with any purposes that may be described on the Sites, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.
6. Rules of Conduct. While accessing or using the Sites, the Site Content and the various other features available on the Sites (such as the Forums, as defined below), you warrant and agree that you shall not:
- violate any law, rule or regulation;
- violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any server associated with the Sites or the Site Content;
- impersonate any person or entity, whether actual or fictitious, including anyone from the Sites or the Company, or misrepresent your affiliation with any other person or entity;
- stalk, harass or harm another individual;
- insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Sites;
- use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Sites or in a Forum;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
- use the Sites or their features in any manner that could interrupt, damage, disable, overburden or impair the Sites or such features, or interfere with any other party's use and enjoyment of the Sites, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites;
- create any links from the Sites (or include any links in your submissions to any Forum or any other part of a Site) directed to websites or content owned or maintained by third parties;
- frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the Sites or their services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
7. Public Forums. The Sites may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, ratings and reviews, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums as part of the Sites. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Sites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.
8. Right to Monitor and Editorial Control. We may (but have no obligation to) monitor or review anything submitted to the Sites. We neither sponsor, endorse, control, nor bear responsibility for any such materials. However, we may disclose any information or materials (including your Submitted Materials) as necessary to satisfy any law, regulation or government request, or we may edit, refuse to post or remove any such content, in whole or in part, which violate these Terms, our policies or applicable law, or which in our sole discretion are objectionable. Using the Sites may expose you to content of others that may be offensive, indecent, or objectionable to you, and we are not liable for such content.
9. Indemnification. You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms, or (ii) any part of your Submitted Materials. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.
10. Orders. You may order products from the Sites only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Sites may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from the Sites, you agree that you are bound by and have rights under these Terms as well as our privacy notice, our Shipping Policy, our Payment Policy our Return and Exchange Policy and our Warranty and Repair Policy, which are incorporated by reference into these Terms.
We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes.
By purchasing from the Sites, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect on any unpaid debt and to obtain credit card authorization. Our information collection and use policies are set forth in the Site’s privacy notice, which is incorporated herein by reference.
Product availability on the Sites is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Sites may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Sites and stores or between geographies. Prices displayed on michaelkors.com are quoted in USD and are valid and effective only in the U.S. Prices displayed on michaelkors.ca are quoted in Canadian dollars and are valid and effective only in Canada.
11. Pricing and Other Errors. We have made every effort to display as accurately as possible the colors and features of our products on the Sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Sites is not accurate, complete or current.
From time to time, information on the Sites might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Sites. Any reliance on the information on the Sites is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.
Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
13. Third-Party Websites. You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Sites to third-party websites, applications and services, and third-party websites may link to the Sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
14. Third-Party Providers & App Stores. Certain third party providers, with whose devices and/or operating systems our mobile applications have been designed to be compatible, oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms in Section 23.
Third party application stores are operated by the relevant third party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any mobile applications. We are not responsible for these stores or (with the exception of our mobile applications) for anything provided by them and do not guarantee that they will be continuously available.
15. Promotions. The Sites may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
16. SMS Terms of Service. If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email our text support partner, Wunderkind, at firstname.lastname@example.org. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our privacy notice to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our privacy notice.
17. DISCLAIMER OF WARRANTIES. THE SITES, INCLUDING, WITHOUT LIMITATION, ALL FORUMS, SITE CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITES, THE FORUMS, THE SITE CONTENT, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITES, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT INCORPORATED HEREIN). THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITES, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
19. Jurisdictional Issues. The Sites are intended for users located in the United States of America and Canada. We generally control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who access or use the Sites from other locations are responsible for compliance with any applicable local laws. Software from the Sites is further subject to United States export controls. No software from the Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
20. Termination. We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Site Content, and anything connected with, relating to or arising therefrom.
21. Miscellaneous. These Terms, as may be amended from time to time, including the terms and conditions of any other policies the Terms link or refer to, constitute the entire agreement between you and the Company with respect to the access to and use of the Sites and the content. These Terms and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. Any cause of action arising under the Terms shall be commenced and be heard in the appropriate court in the State of New York, County of New York. Subject to Section 22 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Notwithstanding the foregoing, the sale of products and/or services on or through the Sites concluded with consumers in Québec will be governed by the laws of the Province of Québec and the laws of Canada applicable therein, without regard to its conflict of law provisions. Any cause of action arising thereunder shall be commenced and be heard in the appropriate court in the Province of Québec, and you agree to submit to the personal and exclusive jurisdiction of courts located within the District of Montréal in the Province of Québec for such matter. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. All provisions of these Terms that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Sites or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms. We reserve all rights not expressly granted in these Terms. The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.
22. Notices of Claimed Copyright Infringement. We respect the intellectual property rights of others, and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
- Your postal address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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 authorized to act on the copyright owner's behalf.
Michael Kors, Legal Department
11 West 42nd Street
New York, New York 10036
Phone: (201) 812-2599
Fax: (646) 376-6299
23. Contact Us. Please direct questions or comments about the Sites, these Terms, or any products you purchased through the Sites to:
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on the Company by mailing it to insert address pursuant to the JAMS instructions. The Company will bear the reasonable cost of your initial filing fee.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each expressly waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
25. Third-Party Provider Terms. If the mobile application that you download, access and/or use runs on Apple's iOS operating system:
- The mobile application may only be accessed and used on a device owned or controlled by you and using Apple's iOS operating system, and only in accordance with Apple's usage rules published in its App Store terms of service;
- You acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the mobile application, please contact us, not Apple, using the contacting details set out in Section 21 of these Terms;
- except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the mobile application are between you and us (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the mobile application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
- You represent and warrant that: (a) you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and (b) you are not listed on any United States Government list of prohibited or restricted parties; and
- If the mobile application does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the mobile application (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the mobile application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the mobile application or relying on any of its content.