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TERMS OF USE

 

Updated August 25, 2021

These Terms & Conditions ("Terms") contain an arbitration provision. Please
review the Arbitration section for details.

We are part of Kontoor Brands, which includes Lee®, Wrangler®, Lee | Wrangler
stores, Lee | Wrangler Clearance Center and Lee | Wrangler Outlet. We provide a
convenient and secure way for you to interact with us through our websites
accessible at www.lee.com,, www.wrangler.com, or
https://leewranglerclearancecenter.com (individually or collectively, the
"Websites"), our mobile applications, our stores and through other services
(together with the Websites, the "Services").

BY USING THE WEBSITES OR OUR SEVERICES, YOU ARE AGREEING TO THE TERMS OF USE
BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM
TIME TO TIME. 

Eligibility
You must be 13 years of age or older to register and use our Websites and
Services. If you are under the age of majority in your state of residence, a
minor, your parent or legal guardian must agree to these Terms on your behalf
and you may only access and use the Website and our Services with permission
from your parent or legal guardian.

Privacy
The security and privacy of your personal information is extremely important to
us. We do not share, trade or sell your personal information to anyone outside
of the Kontoor Brands family of brands, our parent company, without your prior
consent, except as described in our Privacy Policy. Our Privacy Policy explains
how we collect, use, protect, and when we share personal information and other
data with others.  You are responsible for maintaining the confidentiality of
your account information, including your username and password.  You are
responsible for all activities that occur under your account and you agree to
notify us immediately of any unauthorized access or use of your account.  We are
not responsible or liable for any damage or loss related to any unauthorized
access or use of your account.

Sales Tax
We are legally required to collect sales tax in those states we are licensed to
do business. Sales tax is calculated using the tax rate of the state where the
product is being shipped. Note that some tax authorities require us to collect
tax on: product sales only, shipping fees only, both product sales and shipping
fees, neither product sales nor shipping fees.

Returns
If you aren't satisfied with your purchase, you are welcome to return it
according to the terms of our Return Policy.  Please see our Return Policy for
full details.

Shipping
For online orders, we ship orders using several different shipping carriers,
including United States Postal Service, UPS, and Federal Express. Once we
provide your order to the shipping carrier, we cannot control how, when, or
where they make the delivery.

We currently ship only to United States and APO and FPO addresses. We do not
currently ship to US territories or to international addresses.  

For more information about our shipping policies, click here.

Order Acceptance
The receipt of an email order confirmation does not constitute the acceptance of
an order or a confirmation or an offer to sell. We reserve the right, without
prior notification, to limit the order quantity of any item and/or refuse
service to any customer for any reason not prohibited by law. Legal title to
purchased product transfers to the buyer at point of shipment. 

Resellers
You may not purchase our products for reselling purposes. Please contact us at
(800) 453-3348 if you are interested in becoming a distrbutor of our brands.

Third Party Payment and Financing
We may offer access to third party payment and financing options through the
Websites. These third party payment and financing options are offered by third
parties and your relationship is directly with the third party. You agree that
we are not responsible or liable for any loss or damage of any kind or nature
incurred as the result of any such dealings. If there is a dispute between you
and any such third part, you understand and agree that we are under no
obligation to becom involved.

Product Availability
Product Availability on our Website is not guaranteed as it may be low in
stock.  If merchandise is not available by the time your order processes, we
will notify you of this via email.  You can always verify availability
by Contacting Us.  

All products, services, features and content available on or through the
Websites, including but not limited to prices and availability of such products
and services, are subject to change and discontinuation at any time, in our sole
discretion, without notice. The receipt of an e-mail order confirmation does not
constitute acceptance of an order or a confirmation or an offer to sell. We
reserve the right, without prior notification, to limit the order quantity of
any item and/or refuse service to any customer for any reason not prohibited by
law. 

Cancellations and Modifications
If you realize that you need to make a change to your order, contact
consumer relations immediately. Once an order is placed, it usually cannot be
changed, so you might be asked to return items after your order arrives. Please
note that, unless we determine that an item was purchased at an incorrect price,
we do not offer price changes after an order has been placed.

If an item becomes unavailable after you place your order, you will either not
be charged for that portion of your order or receive a credit back for that
item.

Product Information, Pricing, and Inaccuracies
The prices displayed on our Websites may differ from prices that are available
in stores.  Our pricing may also differ from store to store.  Products displayed
on the Websites may be available in selected stores in the United States.  The
prices displayed on the Websites are quoted in U.S. dollars, unless otherwise
indicated.

Items that are on sale will show the original price with a strikethrough and the
sale price listed next to it.  Clearance items will include a clearance
designation, potentially using a third-party content delivery application, next
to the product name, image, or price.  Clearance items will not be restored to
their original price or otherwise increased once they are placed on clearance.

Please note that while we have tried to accurately display the colors of
products, the actual colors you see will depend on your monitor and may not be
accurate.  Additionally, from time to time there may be information on our
Website that contains typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, and availability. We reserve the right
to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including after you have submitted
your order). If you do not wish to continue your purchase after pricing or other
information has been corrected, please contact us right away and we will work
with you to cancel or return your order.

Additional Terms
Some of our services have additional terms and conditions (“Additional Terms”). 
Where Additional Terms apply to a service, we will make them available for you
to read through your use of that Service.  By using that service, you agree to
the Additional Terms.

Ownership
All content included in this Website, including but not limited to text,
graphics or code, is the property of Lee or Wrangler or is licensed to Lee or
Wrangler and is protected by US and international intellectual property
rights. ALL RIGHTS RESERVED. Permission is granted to electronically copy and/or
print hard copy portions of this Website for the sole purpose of placing an
order with us or purchasing our products. We own all Lee and
Wrangler trademarks, logos, and brand elements (“Marks”).  Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this Website is strictly prohibited.

Some features of this Website may be covered by U.S. Patent 5,930,474.

Copyright and Intellectual Property Policy
This Website is protected under copyright law and all rights reserved except as
expressly provided herein. Individual documents may contain different copyright
notices and/or additional proprietary notices.

If you believe that your work has been copied in a way that constitutes
copyright infringement, please notify Lee agent for notice of claims of
copyright infringement ("Copyright Agent") at:

Kontoor Copyright Agent
c/o Rachel Tarko Hudson
Sheppard Mullin
4 Embarcadero Ctr., 17th Fl.
San Francisco, CA 94111

Email: kontoordmca@gmail.com

Phone: 415-434-9100

Fax:  415-434-3947 

You must provide our Agent with the following Notice: 

 1. Identify the material on the Website that you claim is infringing, with
    enough detail so that we may locate it on the Website;
 2. 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;
 3. A statement by you declaring under penalty of perjury that (1) the above
    information in your Notice is accurate, and (2) that you are the owner of
    the copyright interest involved or that you are authorized to act on behalf
    of that owner;
 4. Your address, telephone number, and email address; and
 5. Your physical or electronic signature. If valid, Lee will remove the
    infringing posting(s), subject to the procedures outlined in the Digital
    Millennium Copyright Act (DMCA).

For clarity, only copyright infringement notices should go to our Copyright
Agent.  You acknowledge that if you fail to comply with all of the requirements
of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is
not infringing, or that you have the authorization from the copyright owner, the
copyright owner's agent, or pursuant to the law, to post and use such content,
you may submit a counter-notice to the address listed above containing the
following information:

 * Your physical or electronic signature; 
 * Identification of the content that has been removed or to which access has
   been disabled and the location at which the content appeared before it was
   removed or disabled;
 * A statement that you have a good faith belief that the content was removed or
   disabled as a result of mistake or a misidentification of the content; and 
 * Your name, physical address, telephone number, and e-mail address, a
   statement that you consent to the jurisdiction of the federal court in
   Greensboro, North Carolina, and a statement that you will accept service of
   process from the person who provided notification of the alleged
   infringement. 

After we receive your counter-notification, we will forward it to the party who
submitted the original claim of copyright infringement.  Please note that when
we forward the counter-notification, it includes your personal information.  By
submitting a counter-notification, you consent to having your information
revealed in this way.  We will not forward the counter-notification to any party
other than the original claimant.

After we send out the counter-notification, the claimant must then notify us
within 10 days that he or she has filed an action seeking a court order to
restrain you from engaging in infringing activity relating to the content that
was removed or disabled.  If we receive such notification we will be unable to
restore the material.  If we do not receive such notification, we may reinstate
the material.

Limitation of Liability
YOU USE THE WEBSITE AT YOUR OWN RISK.  THE WEBSITE AND THE MATERIALS AND
PRODUCTS AVAILABLE IN THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS,
EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS,
AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND
REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF
TRADE.  THIS IS WITH THE EXCEPTION OF OUR WARRANTY ON PRODUCT, DETAILED IN THE
WARRANTY POLICY.

IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH
THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR
INTEGRATED WITH THE WEBSITE.  OUR COMPANY AND ITS AFFILIATES WILL HAVE NO
LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b)
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE
WEBSITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF
ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO
OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR
SHARED THROUGH THE WEBSITE. 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEE SHALL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN
THIS WEBSITE OR THE PERFORMANCE OF PRODUCTS, EVEN IF LEE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER
THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE
LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE
TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.  

You understand and agree that we have set our prices and entered into these
Terms with you in reliance upon the limitations of liability set forth in these
Terms, which allocate risk between us and form the basis of a bargain between
the parties.

Governing Law; Arbitration
Your use of this Website shall be governed in all respects by the laws of the
state of North Carolina, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that any action of whatever nature arising from or relating to
these Terms or the Website will be filed only in the state or federal courts
located in Greensboro, North Carolina. You consent and submit to the personal
jurisdiction of such courts for the purposes of any such action.  

Arbitration Agreement & Waiver of Certain Rights
Except as set forth below, you and we agree that we will resolve any disputes
between us (including any disputes between you and a third-party agent of ours)
through binding and final arbitration instead of through court proceedings.  You
and we hereby waive any right to a jury trial of any Claim (defined below).  All
controversies, claims, counterclaims, or other disputes arising between you and
us or you and a third-party agent of ours (each a “Claim”) shall be submitted
for binding arbitration in accordance with the Rules of the American Arbitration
Association (“AAA Rules”).  The arbitration will be heard and determined by a
single arbitrator.  The arbitrator's decision in any such arbitration will be
final and binding upon the parties and may be enforced in any court of competent
jurisdiction.  You and we agree that the arbitration proceedings will be kept
confidential and that the existence of the proceeding and any element of it
(including, without limitation, any pleadings, briefs or other documents
submitted or exchanged and any testimony or other oral submissions and awards)
will not be disclosed beyond the arbitration proceedings, except as may lawfully
be required in judicial proceedings relating to the arbitration, by applicable
disclosure rules and regulations of securities regulatory authorities or other
governmental agencies, or as specifically permitted by state law.  The Federal
Arbitration Act and federal arbitration law apply to these Terms of Use. 
However, the Arbitrator, and not any federal, state, or local court or agency,
shall have the exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability, or formation of these Terms of
Use including, but not limited to, a claim that all or any part of these Terms
of Use is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of litigation, we will pay as much of the administrative costs and
arbitrator's fees required for the arbitration as the arbitrator deems necessary
to prevent the cost of the arbitration from being prohibitive.  In the final
award, the arbitrator may apportion the costs of arbitration and the
compensation of the arbitrator among the parties in such amounts as the
arbitrator deems appropriate. 

This arbitration agreement does not preclude either party from seeking action by
federal, state, or local government agencies.  You and we also have the right to
bring qualifying claims in small claims court.  In addition, you and we retain
the right to apply to any court of competent jurisdiction for provisional
relief, including pre-arbitral attachments or preliminary injunctions, and any
such request shall not be deemed incompatible with these Terms, nor a waiver of
the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney
general, nor participate as a member of a class of claimants, with respect to
any Claim.  Claims may not be arbitrated on a class or representative basis. 
The arbitrator can decide only your and/or our individual Claims.  The
arbitrator may not consolidate or join the claims of other persons or parties
who may be similarly situated.  The arbitrator may award in the arbitration the
same damages or other relief available under applicable law, including
injunctive and declaratory relief, as if the action were brought in court on an
individual basis.  Notwithstanding anything to the contrary in the foregoing or
herein, the arbitrator may not issue a “public injunction” and any such “public
injunction” may be awarded only by a federal or state court.  If either party
seeks a “public injunction,” all other claims and prayers for relief must be
adjudicated in arbitration first and any prayer or claim for a “public
injunction” in federal or state court stayed until the arbitration is completed,
after which the federal or state court can adjudicate the party’s claim or
prayer for “public injunctive relief.”  In doing so, the federal or state court
is bound under principles of claim or issue preclusion by the decision of the
arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then
that specific provision shall be of no force and effect and shall be severed,
but the remainder of this Section shall continue in full force and effect.  No
waiver of any provision of this Section of the Terms will be effective or
enforceable unless recorded in a writing signed by the party waiving such a
right or requirement.  Such a waiver shall not waive or affect any other portion
of this Terms.  This Section of the Terms will survive the termination of your
relationship with us.

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
OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN
AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS
THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

USER CONTENT
These Terms of Use govern your conduct associated with any content you share
with us on this site or other websites, either through third party services or
directly, as well as the Customer Ratings and Review service offered by Lee (the
"CRR Service"). 

By submitting any content to Lee, you represent and warrant that:

you are the sole author and owner of the intellectual property rights thereto;
all "moral rights" that you may have in such content have been voluntarily
waived by you; all content that you post is accurate; you are at least 13 years
old; and that use of the content you supply does not violate these Terms of Use
and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate or misleading; that infringes any
third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; that violates any law, statute,
ordinance or regulation (including, but not limited to, those governing export
control, consumer protection, unfair competition, anti-discrimination or false
advertising); that is, or may reasonably be considered to be, abusive, illegal,
harmful to reputation, pornographic, indecent, profane, obscene, defamatory,
libelous, hateful, racially or religiously biased or offensive, unlawfully
threatening or unlawfully harassing to any individual, partnership or
corporation; for which you were compensated or granted any consideration by any
third party; that includes any information that references other websites,
addresses, email addresses, contact information or phone numbers; or that
contains any computer viruses, worms or other potentially damaging computer
programs or files.

You further agree and warrant that you shall not use the Website to: violate any
law or regulation; send unsolicited or unauthorized advertising or commercial
communications, such as spam; engage in spidering or harvesting, or participate
in the use of software, including spyware, designed to collect data from the
Website; stalk, harass, or harm another individual; impersonate any person
entity or perform any other similar fraudulent activity, such as phishing; use
any means to scrape or crawl any Web pages contained in the Website; attempt to
circumvent any technological measure implemented by us or any of our providers
or any other third party (including another user) to protect the Website;
attempt to decipher, decompile, disassemble, or reverse engineer any of the
software or other underlying code used to provide the Website; or advocate,
encourage, or assist any third party in doing any of the foregoing.

For any content that you submit, you grant Lee and those we work with a
perpetual, irrevocable, royalty-free, transferable right and license to use,
host, store, publicly perform, copy, modify, delete in its entirety, adapt,
publish, translate, distribute, create derivative works from and/or sell and/or
distribute such content and/or incorporate such content into any form, medium or
technology throughout the world without compensation to you.

All content that you submit may be used at Lee's sole discretion. Lee reserves
the right to change, condense or delete any content on Lee's website that Lee
deems, in its sole discretion, to violate the content guidelines or any other
provision of these Terms of Use. Lee does not guarantee that you will have any
recourse through Lee to edit or delete any content you have submitted. Ratings
and written comments are generally posted within two to four business days.
However, Lee reserves the right to remove or to refuse to post any submission
for any reason. You acknowledge that you, not Lee, are responsible for the
contents of your submission. None of the content that you submit shall be
subject to any obligation of confidence on the part of Lee, its agents,
subsidiaries, affiliates, partners or third party service providers and their
respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you
agree that Lee and its third party service providers may use your email address
to contact you about the status of your review and other administrative
purposes.

Accessibility
We strive to make our website content accessible and user-friendly. If you are
having difficulty viewing the content on this website or navigating the site,
please call our Customer Service Team toll-free at 1 (800) 453 - 3348 or email
our team at leemail@kontoorbrands.com and we will be happy to assist you.

Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and
hold Lee (and its officers, directors, agents, subsidiaries, joint ventures,
employees and third-party service providers), harmless from all claims, demands,
and damages (actual and consequential) of every kind and nature, known and
unknown including reasonable attorneys' fees, arising out of your use of the
Website or arising from a breach of these Terms of Use by you or anyone using
your account, or your violation of any law or the rights of a third party. If we
assume the defense of such a matter, you will reasonably cooperate with us in
such defense.

External Sites
This site may contain links to other sites on the Internet that are owned and
operated by third party vendors and other third parties (the "External Sites").
You acknowledge that Lee is not responsible for the unavailability of, or the
content located on or through, any External Site and a link to an External Site
does not mean that we endorse it or that we are affiliated with it. You should
contact the site administrator or webmaster for those External Sites if you have
any concerns regarding such links or the content located on such External Sites.

Miscellaneous 
Under no circumstances will we be held liable for any delay or failure in
performance due in whole or in part to any acts of nature or other causes beyond
our reasonable control.

The failure by us to enforce any right or provision of these Terms of Use will
not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in
connection with a merger, acquisition, sale of assets or equity, or by operation
of law.


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