KORSVIP Terms & Conditions
LAST UPDATED: March 31, 2025
1. Membership & Eligibility
The KORSVIP Program (“Program”) is a rewards program offered by Michael Kors (USA), Inc. and its parent, subsidiary and affiliate entities (“Michael Kors” or the “Company”) to its customers located in the United States and Canada. You may register for Membership to the Program ("Membership" or "KORSVIP Account") on our website at www.michaelkors.com or in any of our Lifestyle or Collection retail stores located in the U.S. or Canada. To register for the Program, you must provide your first and last name as well as a valid email address. If you already have an account with Michael Kors, you should register for the Program using the same email address you use for that account.
Membership is limited to individuals only and is limited to one KORSVIP Account per individual. The Program is free to join. Employees, officers, directors, agents and representatives of Michael Kors and its affiliates are eligible for Membership, but may be excluded from certain parts of the Program. You must be age 16 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must attain their parent's or legal guardian's consent prior to participation. The Program is intended for personal use only, commercial use is prohibited.
BY REGISTERING FOR THE PROGRAM, YOU AGREE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”), AS WELL AS OUR PRIVACY NOTICE, WHICH IS INCORPORATED INTO AND MADE A PART OF THESE TERMS. NO PURCHASE IS NECESSARY TO BECOME A MEMBER OF THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE KORSVIP PROGRAM OR, IF YOU ARE AN EXISTING MEMBER, DISENROLL FROM THE KORSVIP PROGRAM PER THE INSTRUCTIONS BELOW.
∏Affiliates and licensees of Michael Kors (e.g., Michael Kors in China, or Michael Kors in the Middle East) may also offer similar rewards programs to their customers. Membership in the Program is separate from, and does not confer any rights or benefits in, any program of any other Michael Kors affiliate or licensee.
You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and activities that occur under your KORSVIP Account. We are not under any obligation to verify the actual identity or authority of any person using your KORSVIP Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your KORSVIP Account or to restrict your access to all or part of the Program or your KORSVIP Account for any reason consistent with these Terms. You are responsible for any tax liability related to your participation in the Program.
2. Points
Under the Program, you earn ten (10) points (“Program Points”) for every U.S. or Canadian dollar ($1) spent on an Eligible Purchase. An “Eligible Purchase” is any purchase that is made on www.michaelkors.com (our “website”) or in any Michael Kors Lifestyle, Outlet or Collection retail store located in the United States or Canada, and excludes the following: (a) the purchase of gift cards or e-gift cards, (b) any amounts for taxes, shipping and handling, and other service fees (such as gift wrapping, monogramming, etc.); (c) purchases made outside the U.S. and Canada; and purchases made in or from any department store, specialty store, travel retail store or off-priced store.
At the time of purchase, you must be logged in to your KORSVIP Account and provide the email address used to create your KORSVIP Account in order to have Program Points for the Eligible Purchase applied to your Membership. We do not retroactively apply Program Points to an account if the purchase was not made while logged-in to your KORSVIP Account on www.michaelkors.com, or if the email address associated with your Membership was not provided at the time of purchase in store.
NOTE: It can take up to approximately twenty-four (24) hours from the completion of an Eligible Purchase for Program Points to appear in your KORSVIP Account. Program Points have no cash value and are not redeemable for cash, product or services. At this time, Program Points are used only to determine your KORSVIP Status, which is explained further below. If you return any part of an Eligible Purchase, the Program Points you earned for such returned portions will be deducted from your KORSVIP Account.
In addition to making Eligible Purchases, you can also accrue Program Points by completing any of a variety of eligible activities, including, for example, the following:
- Signing up for the Program to earn 100 Program Points (limited to 1 x per lifetime per KORSVIP Account).
- Adding an item to your Wish List on www.michaelkors.com to earn 10 Program Points per item (limited to 10 total items added to your Wish List per year per KORSVIP Account).
- Submitting a rating and review on www.michaelkors.com to earn 50 Program Points per rating and review (limited to 5 total ratings and reviews per year per KORSVIP Account).
3. KORSVIP Status & Rewards
Your KORSVIP Status (STUDIO, BACKSTAGE, RUNWAY or RED CARPET) is based on the number of Program Points in your KORSVIP Account during a calendar year, and the benefits and rewards (“Rewards”) you may be eligible to receive through the Program are determined based on the KORSVIP Status of which you were a member during the prior calendar year.
- STUDIO: 0–2,999 Program Points
- BACKSTAGE: 3,000-5,999 Program Points
- RUNWAY: 6,000-14,999 Program Points
- RED CARPET: 15,000+ Program Points
Specific Rewards (whether products or experiences) are available while supplies last, may be subject to limitations, and substitutions by Michael Kors may occur, in its discretion. Rewards are non-transferable, have no cash value (unless required by law) and cannot be exchanged, sold or returned. Michael Kors is not responsible for lost, stolen or damaged Rewards. Michael Kors and Michael Kors brands are not responsible for any taxes incurred by clients or guests in connection with Membership and Rewards. Rewards are subject to change, alteration, substitution, or termination by Michael Kors in its sole discretion at any time. See specific Reward offers or related communications for any additional terms and conditions.
For a full list of benefits and rewards for all KORSVIP member tiers, visit our About KORSVIP page for more information.
4. Points & Status Expiration
All Program Points accumulate for an entire calendar year and then expire and reset back to zero on January 1 of the following calendar year. For example, if you enroll in the Program at any point during the calendar year 2022, any points you earn during 2022 will expire and reset on January 1, 2023.
While Program Points will expire and reset at the start of a calendar year, you keep your KORSVIP Status for the remainder of the calendar year in which it was earned plus a full calendar year after. In order to maintain your KORSVIP Status going forward, you must accumulate at least the minimum point balance needed, or else you will fall to a lower KORSVIP Status at the end of that next calendar year. For example, if in 2022 you enroll and earn 6,000 Program Points, you will attain RUNWAY status for the remainder of 2022 and for all of 2023. On January 1, 2023, however, your Program Points from 2020 will expire and reset to zero, meaning that, although you will not yet have any points for 2023, you will still get to enjoy the benefits of the RUNWAY status for the duration of 2023. If in 2023 you only earn 4,000 points, you will drop to BACKSTAGE status for the duration of 2024 unless and until you accrue additional points to get back to RUNWAY (or higher) status.
Program Points in your KORSVIP Account also will automatically expire if your Membership is revoked or otherwise cancelled for reasons further detailed in Section 9 below.
5. Birthday Reward
Birthday rewards are part of the BACKSTAGE, RUNWAY and RED CARPET statuses only. STUDIO Status members currently do not receive a birthday reward. If you are part of the BACKSTAGE, RUNWAY or RED CARPET statuses and your KORSVIP Account includes your birthday information, then you are eligible for an annual birthday reward. Approximately two weeks before your birthday you will receive an email with information regarding your special birthday reward. Redemption instructions, as well as any other applicable restrictions, terms and conditions, will be provided in the email. You can redeem your annual birthday reward in any full price U.S. or Canadian Michael Kors retail store or online at www.michaelkors.com.
6. Annual Gift Reward
Annual gifts are rewards that are part of the BACKSTAGE, RUNWAY and RED CARPET statuses only by December 31. STUDIO Status members do not receive an annual gift. Members eligible for the annual gift will be notified (including by email or online) when their gift is ready to be redeemed, along with instructions for redemption. Annual gifts are subject to availability, while supplies last. Michael Kors reserves the right to substitute the annual gift for another item of equal or greater value, in its discretion. Annual gifts cannot be returned or exchanged, or redeemed for cash or store credit.
7. Styling Appointments
The opportunity to book private styling appointments is available for all KORSVIP members. Private styling appointments through the Program are available in any of our full-price freestanding U.S. and Canadian retail stores (Lifestyle or Collection Stores), but are not available in Michael Kors Outlet Stores or in any department store, specialty store, travel retail store or off-priced store. You can make your appointment by calling a style associate in your local full-price Michael Kors store of choice. Dates and times of styling appointments are subject to availability and other limitations.
8. Program Communications and privacy notice
We collect information from and about you in connection with your Membership and your participation in the Program. Our practices with respect to the collection, use and disclosure of your information, as well as your rights with respect thereto, are described in our privacy notice, which is incorporated into and made a part of these Terms.
By registering for a Membership in the Program, you are agreeing to receive emails and other communications, which may include messages about your Membership, as well as about products, services and other offers in connection with the Program. You may also consent to receive marketing materials and other communications from and about Michael Kors generally.
IMPORTANT NOTE: if you click on the unsubscribe link specific to the Program in one of the emails you receive as part of the Program, you will be opting out from receiving all future communications about the Program AND you will be effectively cancelling your Membership with the Program. At this time, you are not able to opt-out of Program-related emails without cancelling your Membership, since such Program communications are a core part of the Program Membership. If you consented to receiving general Michael Kors marketing communications (i.e., not specific to the Program) and you wish to unsubscribe from all such future communications, you should follow the instructions set forth in our privacy notice.
9. Changes, Termination and/or Removal From Program
We may terminate, change, suspend, restrict or discontinue any aspect of the Program or your Membership at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion. These Terms will terminate commensurate with the discontinuance or termination of your Membership 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 use of and participation in the Program, and anything connected with, relating to or arising therefrom or from your Membership. Membership is non-transferable and Eligible Purchases must be made by the member who is registered on that KORSVIP Account. If your Membership is revoked or otherwise cancelled, any Points in your KORSVIP Account will automatically expire. Michael Kors reserves the right to make changes to its website, to the Program and to these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes.
By joining the Program or continuing to participate in the Program, you hereby agree to be bound by any such changed Terms. Any changes or modifications will be effective immediately up on posting the revisions to www.michaelkors.com, and you waive any right you may have to receive specific notice of such change of modifications. If you do not agree to any changes to the Terms, you should disenroll from the Program within 30 days of the effective date of the Terms, per the instructions herein.
10. Disclaimer of Warranties
THE PROGRAM, AND ALL CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS ASSOCIATED THEREWITH 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 MICHAEL KORS HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. MICHAEL KORS DOES NOT WARRANT THAT THE PROGRAM WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. MICHAEL KORS MAKES NO WARRANTY THAT THE PROGRAM, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICHAEL KORS, OR THROUGH THE PROGRAM, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT EXPRESSLY INCORPORATED HEREIN). MICHAEL KORS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON KORSVIP 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 IN CONNECTION WITH THE PROGRAM. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PROGRAM. MICHAEL KORS DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND MICHAEL KORS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PROGRAM CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. 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.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MICHAEL KORS, OR ANY OF ITS AFFILIATES 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 PROGRAM OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE PROGRAM, 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 PROGRAM, 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 PROGRAM. 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 MICHAEL KORS FOR YOUR USE OF THE PROGRAM, OR (B) ONE HUNDRED DOLLARS (USD 100). ALL USERS OF THE PROGRAM 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. 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.
12. 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, photographs, documents, ideas, suggestions, drawings, comments, reviews, ratings, feedback or other materials submitted or transmitted through or in connection with the Program 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 Program, 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 Program for our use, in accordance with these Terms and with any purposes that may be described in connection with the Program, 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, any Program materials), 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.
13. Proprietary Rights
The Program is operated by Michael Kors and its providers acting on Michael Kors’ behalf. All Program design, text, graphics, logos, button icons, images, audio clips, content, materials and the selection and arrangement thereof, and all intellectual property and proprietary rights therein and thereto, are owned solely and exclusively by Michael Kors and its licensors and suppliers. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Michael Kors and is protected by U.S., Canadian and international copyright laws. All software used in connection with the Program is the property of Michael Kors or its providers who help to operate the Program, and is protected by U.S., Canadian and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Michael Kors is strictly prohibited.
14. Trademarks
The trademarks, logos, service marks and trade names displayed in connection with the Program (including, without limitation, KORSVIP, STUDIO, BACKSTAGE, RUNWAY, RED CARPET, MICHAEL KORS, MICHAEL MICHAEL KORS, MK MICHAEL KORS, etc.) are registered and unregistered trademarks of the Michael Kors and other persons (collectively, the “Trademarks”), and may not be used, or copied (in whole or in part) unless expressly authorized by the applicable Trademark owner. Nothing contained in the Program should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed in the Program or as part of any Program content, without our written permission or that of the applicable third-party rights holder.
15. Resolving Disputes
If a dispute should arise between you and Michael Kors regarding the Program, you should contact our customer service team by sending an email to customerservice@michaelkors.com (for the U.S.) or customerservice@michaelkors.ca (for Canada).
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
16. Agreement to Arbitrate Disputes
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.
- Arbitration Agreement
- Mandatory Notice of Dispute and Informal Dispute Resolution Process
- Arbitration Procedures
- Arbitration Costs
- Additional Procedures for Mass Arbitration
- Class Action Waiver
- Jury Trial Waiver
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.
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.
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 16.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.
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.
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.
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.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL.
17. Choice of Law/Forum Selection/Jurisdictional Issues
In any circumstances where the Agreement to Arbitrate Disputes as set forth in Section 16 of these Terms permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York County, New York. Notwithstanding the foregoing, the provision of the Program to 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. The Program is intended for users located in the United States and Canada. We generally control and operate the Program from our offices in the United States. We do not represent that the Program or any materials presented in connection with the Program are appropriate or available for use in other locations. Persons who access or use any part of the Program from other locations are responsible for compliance with any applicable local laws. Software use for the Program is further subject to United States and other applicable export controls. No software from the Program may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) 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. The parties have expressly requested and required that these Program 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.
18. Severability; Survival
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal and enforceable. Except as otherwise provided herein (e.g., Section 16.C and 16.E), in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, then such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Michael Kors, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions. All provisions of these Program 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 Program, shall survive the revocation, expiration or termination, in whole or in part, of these Program Terms.
19. Additional Information on the Program
If you have any questions complaints or claims regarding the Program, you may email U.S - customerservice@michaelkors.com, Canada - customerservice@michaelkors.ca