Terms & Conditions

LAST UPDATED: May 2, 2024

The following terms and conditions (the “Terms of Use” or “Terms”), including the terms and conditions of any other policies the Terms link or refer to, govern your access to and use of michaelkors.com (or any subdomains thereof), or one of our other websites, applications or other services from which you are accessing these Terms (individually and collectively referred to herein as a “Site” or the “Sites”). The Sites are made available by Michael Kors (USA), Inc., and its parent, subsidiary and affiliate entities worldwide (collectively, “Company,” “we” or “us”). The terms “you,” “your,” and “user” refer to anyone who accesses or visits a Site.

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 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.

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ARE OTHERWISE DISSATISFIED WITH THE SITE, PLEASE DO NOT ACCESS OR USE THE SITE.

PLEASE NOTE: SECTION 24 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED. PLEASE CAREFULLY REVIEW SECTION 24 FOR DETAILS.

Table of Contents (click on any item below to skip directly to that section):

  1. Our Proprietary Rights
  2. Limited License
  3. Trademarks
  4. User Accounts
  5. Submitted Materials
  6. Rules of Conduct
  7. Public Forums
  8. Right to Monitor and Editorial Control
  9. Indemnification
  10. Orders
  11. Pricing and Other Errors
  12. Linking to the Sites
  13. Third-Party Websites
  14. Third-Party Providers & App Stores
  15. Promotions
  16. SMS Terms of Service
  17. Disclaimer of Warranties
  18. Limitation of Liability
  19. Jurisdictional Issues
  20. Termination
  21. Miscellaneous
  22. Notices of Claimed Copyright Infringement
  23. Contact Us
  24. Disputes
  25. 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.com/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.

12. Linking to the Sites. You agree that: (a) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Sites, such as using an “in-line” or “deep linking” linking method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Sites. The framing, mirroring, scraping or data-mining of the Sites or any of the Site Content in any form and by any means is strictly prohibited.

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 textsupport@wunderkind.co. For Canadian customers, you may elect to switch your preferred language between English or French, at any time, by replying “PASSER AU FR” to any Text Message you receive from us to receive French text messages or reply “SWITCH TO EN” to receive English text messages. 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.

18. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITES, LOST BUSINESS OR LOST SALES, PROFITS, OR GOODWILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITES, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF ANY SITE, OR (B) ONE HUNDRED DOLLARS ($100). ALL USERS OF THE SITES UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

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 24 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. Except as otherwise provided herein (e.g., Section 24.C and 24.E), if any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, invalid, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 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, dispute resolution (including the Arbitration Agreement, Mandatory Notice of Dispute and Informal Dispute Resolution Process, Arbitration Procedures, Additional Procedures for Mass Arbitration, Class Action Waiver, and Jury Trial Waiver), 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.

Copyright Agent:

Copyright Agent
Michael Kors, Legal Department
11 West 42nd Street
New York, New York 10036
Phone: (201) 812-2599
Fax: (646) 376-6299
Email: copyrightagent@michaelkors.com

23. Contact Us. Please direct questions or comments about the Sites, these Terms, or any products you purchased through the Sites to:

Michael Kors
11 West 42nd Street
New York, New York 10036
For US customers email: customerservice@michaelkors.com
For Canadian customers email: customerservice@michaelkors.ca

24. Dispute Resolution; Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Most customer concerns can be resolved by Customer Service: https://www.michaelkors.com/contact-us.html. In the event that Customer Service is unable to resolve a complaint to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.

  1. Arbitration Agreement

    2. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND THE COMPANY AGREE THAT ANY DISPUTE (AS DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN.

    For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies arising out of or related in any way to these Terms, your use of the Site, products or services offered, sold, or distributed by the Company, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications with or your relationship with the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of your relationship with the Company, or if the Dispute arose before you entered into these Terms or out of a prior agreement with the Company.

    Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below.

    The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

    You and the Company agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

  2. Mandatory Notice of Dispute and Informal Dispute Resolution Process

    3. Before initiating an arbitration, you and the Company each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include (i) the name, telephone number, mailing address, email address, and Account number (if applicable) of the person or entity providing the notice; (ii) sufficient information to enable you or the Company to identify any transaction at issue (including any receipts or order confirmations); (iii) a detailed statement of the legal claims asserted and the factual basis for those claims; and (iv) a detailed description of the remedy sought and an accurate, good-faith calculation of the amount in controversy.

    The Notice of Dispute must be personally signed by the party initiating the Dispute (and their counsel, if represented). Your Notice of Dispute to the Company must be sent by mail to Michael Kors (USA), Inc., 11 West 42nd Street, New York, NY 10036, Attention: Legal Department. The Company’s Notice of Dispute to you must be sent by mail or email to the most recent contact information that you have provided to the Company.

    For a period of 60 days from the date of receipt of a completed Notice of Dispute from the other party, you and the Company agree to make attempts to resolve the Dispute prior to commencing an arbitration. If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.

    Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

    If the sufficiency of a Notice of Dispute or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

  3. Arbitration Procedures

    4. The arbitration shall be administered by the AAA, and heard by a single, neutral arbitrator. Except as modified by these Terms, AAA shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the AAA Consumer Arbitration Rules and/or the AAA Mass Arbitration Supplemental Rules, as applicable (“AAA Rules”). The AAA Rules, fee information, forms and instructions to initiate arbitration are available at https://www.adr.org/. You and the Company agree that it is a material breach of these Terms to seek to initiate the arbitration with any administrator other than AAA (or an alternative administrator agreed to by the parties).

    The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the mandatory process described in Section 24.B above, and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. If you are initiating arbitration, you shall serve the demand for arbitration on the Company by mail to Michael Kors (USA), Inc., 11 West 42nd Street, New York, NY 10036, Attention: Legal Department. If the Company is initiating arbitration, it shall serve the demand for arbitration by mail or email to the most recent contact information that you have provided to the Company.

    You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief shall have the right to elect an in-person, video, or phone hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Company representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually reasonably convenient location.

    An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory 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.

    Unless both you and the Company agree otherwise, and to the fullest extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and the Company agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If this prohibition is found to be unenforceable as to your Dispute, then the entirety of this Arbitration Agreement shall be null and void, and neither the Company nor you shall be entitled to arbitrate the Dispute and it shall instead proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

  4. Arbitration Costs

    5. Payment of arbitration fees will be governed by the applicable AAA Rules and fee schedule. You and the Company agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration, and agree to work together in good faith to ensure that arbitration remains economical and cost-effective for all parties.

  5. Additional Procedures for Mass Arbitration

    6. If 25 or more individuals submit Notices of Dispute or attempt to initiate arbitrations with the Company raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated for these individuals (“Mass Filing”), you and the Company agree that if the claims are not resolved and proceed to arbitration, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The AAA Mass Arbitration Supplementary Rules shall apply to the extent they are not inconsistent with this paragraph.

    The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

    If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

    Counsel for the individuals and counsel for the Company shall each select 10 cases (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 10 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties. The parties will meet and confer in good faith to arrange for a mutually convenient location or manner for the arbitration of Disputes selected for this initial staged process to take place. No other cases may be filed in arbitration or deemed to have been filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims by AAA until they are selected to proceed to individual arbitration proceedings as part of a staged process.

    In addition to any mediation required by AAA, if the parties are unable to resolve the remaining cases after the conclusion of the first stage of arbitration proceedings, the parties shall participate in a mediation session before a mediator jointly selected by counsel for the parties in an effort to resolve the remaining Disputes. The Company shall pay the mediation fee. If the parties are unable to resolve the remaining claims in mediation, Counsel for the individuals and counsel for the Company shall each select 20 cases (per side) to proceed in individual arbitration proceedings as part of a second staged process. If the parties are unable to resolve the remaining cases after the conclusion of the second stage of arbitration proceedings, the parties shall participate in a second mediation session before a mediator jointly selected by counsel for the parties in an effort to resolve the remaining Disputes. Upon the conclusion of the second mediation session, any Disputes part of the Mass Filing that are not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree to proceed with the adjudication of some or all of the remaining disputes in arbitration and a second mediation session.

    A court will have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

    The Additional Procedures for Mass Arbitration set forth herein and each of its requirements are essential parts of the Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

  6. Class Action Waiver

    7. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

  7. Jury Trial Waiver

    8. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL.

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.

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