SITE TERMS AND CONDITIONS
Welcome to GUESS.com. Please review the following basic rules governing your use of and purchase of products from this site (collectively, "Agreement").
THESE TERMS AND CONDITIONS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. IN THE EVENT OF A DISPUTE, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT. THESE TERMS INCLUDE A DISCLAIM OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.
Use Of This Site Constitutes Acceptance Of These Terms And Conditions
GUESS.com may make changes to the information contained in this Internet site, or to the services described and contained therein at any time and without notice. GUESS.com may from time to time change the rules that govern your use of this Internet site. Your use of this Internet site following any such change constitutes your agreement to follow and be bound by the rules as changed. GUESS.com may change, move or delete portions of, or may add to this site from time to time.
All trademarks, service marks and trade names on this site, including without limitation, "GUESS" and "GUESS" alone and in combination with the inverted triangle design are property of GUESS, Inc. "GUESS". No use of these may be made without the prior written authorization of GUESS.com, except to identify the products or services of GUESS.com. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by GUESS.com or by other third parties. No license is granted with respect to these intellectual property rights.
All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively,"Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by GUESS.com collectively, and its subsidiaries and/or affiliates ("GUESS.com"). This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by GUESS.com and all other GUESS.com trademarks appearing on this site are trademarks of GUESS.com.
The Contents of this Internet site, and this site as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
Communications and Submissions
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to GUESS.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain GUESS.com property. Such disclosure, submission or offer of any comments shall constitute an assignment to GUESS.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. GUESS.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. GUESS.com shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that GUESS.com may use information about you for marketing, product development and promotional purposes. GUESS.com is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.
GUESS.com products are available in select GUESS stores, better department stores, and specialty stores. GUESS.com cannot guarantee that the products displayed on this site will be available at every authorized GUESS retailer; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by GUESS.com at any time without notice. Prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States.
This site may provide links or references to other sites. However, GUESS.com assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GUESS.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT GUESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
NJ Residents: the Disclaimer section of this Agreement is inapplicable to you.
Limitation Of Liability
You agree to defend, indemnify and hold GUESS.com harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, GUESS.com shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
NJ Residents: the Limitation Of Liability section of this Agreement is inapplicable to you.
Dispute Resolution – BINDING ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Any dispute, claim, or controversy arising from or relating to this Agreement, your use of GUESS.com, purchases made through GUESS.com, or to any products or services sold, distributed, or manufactured by Guess?, Inc. (“GUESS”) will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify. Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision. The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes. The JAMS’s rules are available at www.jamsadr.org or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall issue a written award setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award may be entered in any court of competent jurisdiction.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules. However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GUESS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, GUESS will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against GUESS are frivolous or brought in bad faith.
YOU AND GUESS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor GUESS are entitled to arbitration.
This Agreement is governed by the laws of the State of California without regard to conflict of law principles.
If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within the Central or Southern Districts of California or, if applicable, state courts for the counties within those two federal districts.
Notwithstanding any other provision in this Agreement to the contrary, to the extent GUESS makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Guess notice of prior to the change in the dispute resolution provision.
To provide us notice of an arbitration demand, send the demand to our registered agent: Guess?, Inc., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.
This site and the Contents therein are displayed solely for the purpose of promoting GUESS.com products and services. This site is controlled and operated by GUESS.com from its offices in Los Angeles, California. GUESS.com reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. GUESS.com makes no commitment to update this information.
This Agreement remains in effect unless and until terminated by either you or GUESS.com. You may terminate this Agreement at any time. GUESS.com may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in GUESS.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or GUESS.com, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Sales and Promotions
Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on previously purchased merchandise or purchases of gift cards. Sale and promotion start and end times are displayed in US Eastern time. GUESS?, Inc. reserves the right to extend, modify or discontinue any offer at any time without notice.
Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products. Products are not offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by GUESS? Inc. until your products are shipped from our warehouse. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of GUESS? INC. product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites. We may modify this policy at any time without prior notice.