COLE HAAN TERMS & CONDITIONS

These Terms of Use are applicable to you upon your accessing the 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 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 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 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 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.

The owner of the Site is based in the State of New Hampshire in the United States. Cole Haan provides this Site for use only by persons located in the United States. Cole Haan makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Except as otherwise prohibited by law, any cause of action or claim you may have arising out of or relating to these Terms of Use or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

1. PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN ANY FORM OF A CLASS OR REPRESENTATIVE CLAIM. IT CONTAINS A CLASS ACTION WAIVER.


2. 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; CLASS ACTIONS, AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. To the fullest extent permitted by applicable law, you 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. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced.

Harassment in any manner or form on the 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 Site is prohibited. You may not upload to, distribute, or otherwise publish through the 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 Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

This Site is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Site. Cole Haan does not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Site.

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

The entire content included in the 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 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 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 Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Cole Haan does not and cannot review all communications and materials posted to or created by users accessing the 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 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 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 websites to link to from our own Site. However, even if the third party is affiliated with Cole Haan, Cole Haan has no control over these linked websites, 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 websites. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Cole Haan seeks to protect the integrity of its Site and the links placed upon it and therefore we request feedback on not only our own Site, but for websites 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 SITE AND THE MATERIALS AND PRODUCTS IN THIS 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 SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE 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 SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU