Last Updated - December 2020
- Who We Are
- What Information And Personal Data We Might Collect About You
- How We May Use Your Personal Data
- How Is Your Information Shared
- What Choices Can You Make About Your Data
- How Do We Protect Your Data
- Contact Information
- Special Notice For Canadian Users
1. Who We Are
2. What Information and Personal Data We Might Collect About You
Information that you provide
In order to handle your purchases, provide customer service, improve our products, provide in-person experiences or events and send you information about our products, trends and promotions, we may ask you to provide your:
- Identifiers: such as your name, postal address, email address, social media handle, telephone number, or Identification materials used to verify eligibility for discounts and other offers;
- Demographic information: such as your age, date of birth, or gender;
- Transaction information: such as information regarding purchases, returns or exchanges; product reviews you provide; clothing size/fit information; and communications between us;
- Payment information, including gift card information; and
- User generated content (UGC): such as photos, videos, blog posts, or social media posts.
If you choose not to provide certain information to us, you may not be able to complete a purchase, participate in an experience, or receive other services or information.
Information that we automatically collect from you
When you visit any of our websites or applications, we may automatically collect:
- Identifiers: such as device ID, IP address, and online identifiers, such as cookie numbers;
- Internet activity information: such as device type; browser types and version; browsing history; search history; interactions with our websites, applications, communications, and advertisements; referring sites; network activities when using our Wi-Fi; and content and pages viewed;
- Location information: such as geo-location of your devices and in-store location;
- Audiovisual information: such as call recordings and CCTV; and
- Inferences: such as your preferences and interests based on your online activities.
Other information we collect
We may collect information about you from activities related to other PVH businesses or third parties like web hosting providers, analytics companies, social media platforms, data companies, and advertising services such as:
- Identifiers: such as updated contact information, social media handles, device identifiers, cookie numbers or similar online identifiers;
- Demographic information: such as your age, date or birth, or gender;
- Internet activity information: such as content or reviews you post on social media or other third-party platforms; and
- Inferences: such as information about your shopping preferences and interests.
The information that we obtain from social media platforms depends on your account and privacy settings within the platforms and the platforms privacy policies.
Some of the information above is collected on our websites through web browser cookies and other technologies (web beacons/gifs, pixels, page tags, script) that receive and store certain types of information whenever you interact with us or third parties that may direct you to our websites. We may use similar technologies to collect information when you use our applications. We use these tools for a variety of reasons, including to analyze and improve our websites and applications, or to remember your preferences and provide more personalized advertising.
Third party automated information collection and Interest-Based Advertising
3. How We Use Your Information
We use the information we collect for a variety of purposes, including:
- To process your transactions and provide you with the products and services you request
- To provide, maintain, protect, develop, and improve our websites, applications and services
- To improve your experience on our websites and applications
- For customer service, including to respond to your inquiries and requests
- To communicate with you about our and third-party products and services, in accordance with applicable laws and with your consent where required
- To analyze and learn about consumer trends and interests
- To learn about the devices you use to access our websites, applications and other online services
- To personalize the content you see on our websites and applications
- To administer contests, sweepstakes, surveys and other promotions
- To maintain your reward or loyalty program memberships
- To provide you with communications, recommendations, ads, and other information of interest to you, including via interest-based advertising based on your online activities on our websites, applications and other online services
- To maintain our community programs and focus groups
- To use your UGC on our websites, social media accounts, and other marketing platforms (with your consent)
- To verify eligibility for discounts and other offers
- To protect our rights, as well as yours and others
- To comply with our legal obligations
4. How Your Information Is Shared
We may share your information with our third party service providers that work on our behalf, including by providing or fulfilling the products and services you request, authorizing and processing your payments, performing fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, website and application evaluation, data analysis, website improvements, and, where applicable, data cleansing, marketing, promotions and other services performed on our behalf or on behalf of our parent or affiliates.
In addition, we may share or transfer information about you to unrelated third parties:
- when you engage in activities that are sponsored by third parties (e.g., cobranded offerings);
- as required by law or a legal process, including investigating a potential crime; when we believe it is necessary to protect the rights, property, or safety of Van Heusen and IZOD or other persons.
We disclose the following categories of information for our business purposes:
- Identifiers: disclosed to service providers; payment processors; advertising and marketing partners; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; retail partners; and joint marketing partners.
- Demographic information: disclosed to service providers; advertising and marketing partners; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; retail partners; and joint marketing partners.
- Transaction information: disclosed to service providers; payment processors; advertising and marketing partners; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; retail partners; and joint marketing partners.
- Payment information: disclosed to service providers; payment processors; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; and retail partners.
- Internet activity information: disclosed to service providers; advertising and marketing partners; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; retail partners; and joint marketing partners.
- User generated content (UGC): disclosed to service providers; advertising and marketing partners; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; retail partners; and joint marketing partners.
- Location information: disclosed to service providers; advertising and marketing partners; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; retail partners; and joint marketing partners.
- Audiovisual information: disclosed to service providers; affiliates and subsidiaries; law enforcement, public and government authorities, and others; and advisors and consultants.
- Inferences: disclosed to service providers; advertising and marketing partners; affiliates and subsidiaries; law enforcement, public and government authorities, and others; advisors and consultants; retail partners; and joint marketing partners.
At Van Heusen and IZOD, we do not share your personal data with third parties in exchange for money. We do share certain information with advertising and marketing partners in exchange for insights, digital advertising, and other valuable services. Such sharing may be considered a "sale" under certain laws. We disclose the following information in such circumstances:
- Internet activity information;
- Location information;
- Inferences; and
- Transaction information.
We may also share your data in the event of an actual or potential sale, merger, acquisition or transfer of our business or assets.
We may use or share information that does not reasonably identify you with any third party and for any purpose.
5. What Choices Can You Make About Your Data
If you no longer wish to receive promotional emails or direct mail from Van Heusen and IZOD, you can contact Customer Service here. A request to opt-out may take three to five business days to take effect. If you have a Rewards Account with us, you may still receive communications related to your account, loyalty points or special officers (such as birthday discounts). An opt-out request will also not stop transactional emails related to your purchases.
If you no longer wish to receive the text messages that you had consented to previously, you can text "STOP" after receiving a message.
Accessing or Deleting your Data
If you would like to receive a copy of the personal data that Van Heusen and IZOD has collected from or about you, you can complete this form or call 1-866-378-9545. You will be asked to verify your identity via the process outlined on the form.
If you would like Van Heusen and IZOD, to delete your data, you can complete this form or call 1-866-378-9545. You may continue to receive advertisements for Van Heusen and IZOD regarding our products. Those advertisements may be delivered to you based on your future interactions with us or based on the determination of our business or advertising partners that you are a member of the desired audience for a campaign.
If you wish to exercise one of the above rights on behalf of someone else, you may use the channels listed above.
Sale of Personal Data
At Van Heusen and IZOD, we do not share your personal data directly with third parties for their own marketing purposes in exchange for monetary consideration. However, as mentioned in this policy, we do engage in Interest-Based Advertising, where we allow third parties to place cookies, pixels, and trackers on our site to provide you with personalized ads. If you would like more information about how Van Heusen and IZOD manage your cookie preferences please click here.
If you are a California resident, you have the right, once per year, to request that we provide you with information about our sharing of information with third parties for their direct marketing purposes. If you would like to exercise this right, please contact us here.
We may not discriminate against you for exercising your rights under the California Consumer Privacy Act. We may, however, provide a different level of service or charge a different rate if the difference is reasonably related to the value of your information.
6. How Do We Protect Your Data
We use commercially reasonable technical, administrative and physical security measures to protect the information that we collect or receive, in addition to contractual safeguards. Our websites use an industry standard encryption protocol known as Secure Socket Layer (SSL) to protect your order information. Each payment transaction made through our websites and applications (or any successor or similar digital property) will be transmitted using SSL encryption. We review our security measures periodically. Despite these measures, please be aware that no security measures are perfect or impenetrable. If you believe that you were the victim of a scam related to Van Heusen, and IZOD, visit the PVH Anti-Fraud Information Guide. Fraudulent charges need to be raised with your financial institution.
Children's Personal Information
Van Heusen and IZOD are concerned about the safety of children when they use the Internet. Our websites and applications are not directed to children under the age of 13. If we become aware that a user is under the age of 13 and has registered without prior verifiable parental consent, we will remove their information from our files. If a parent or guardian discovers that a child under the age of 13 has provided us with information, we ask that they contact us here.
7. How Do You Contact Van Heusen, and IZOD
Other requests can be sent to our Customer Service Team here
8. Special Notice For Canadian Users
We may store or process your personal information on servers in jurisdictions outside of Canada, including in the United States of America. While your personal information is in a jurisdiction it may be accessed by the courts, law enforcement and national security authorities of that jurisdiction, or otherwise, in accordance with the laws applicable in that jurisdiction.
A. Who and what information is subject to the CCPA?
The CCPA protects California residents as "consumers" with respect to their personal information, although a number of exceptions apply. As a result, the Supplemental CCPA Disclosures and relevant CCPA Rights subsections below may not apply when they restrict our ability to comply with a court order or regulator with competent authority, federal, state or local laws, cooperation with law enforcement, exercise of our legal claims, or collection or use of de-identified information.
B. Supplemental CCPA Disclosures
We have set out below the categories of personal information we have collected about California residents in the preceding 12 months and describe, for each category of personal information collected, the business or commercial purposes for which the information was collected. Each of the categories of personal information listed in the table are collected directly from consumers. Each of the categories of personal information in the table may also be shared with the following categories of third parties: (i) our Service providers and business partners (ii) Government entities as required by applicable law (iii) other recipients at your discretion or with your consent (iv) Third parties in the event of a proposed or actual business transaction involving all or any portion of our business.
Additional information about sales of information can be found below the table.
|Category of personal information:||We collected such personal information for the following purposes:|
|Identifiers: such as your name, postal address, email address, social media handle, telephone number, or Identification materials||We may use this information for any of the purposes described in section 3.|
|Categories of personal information described in subdivision (e) of Section 1798.80 of the California Civil Code, including name, signature, address, telephone number, passport number, and credit card number, debit card number, or any other financial information.||We use this information to process payment, fulfil your order, or process a return.|
|Characteristics of protected classifications under California or federal law; namely, gender and age.||We use this information to better understand our clientele, for example when joining our rewards program, booking an in-store appointment or event, or signing up for a gift registry.|
|Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||We use this information to fulfil your order, manage consumers' online account with us, personalize and optimize consumers' shopping experience with us (for example, letting you know when a favorite product is back in stock, recording certain information from past purchases which can be used in future purchases such as preferred address and favorite store locations), provide consumers with customer care, and customize a product per a consumer's specific request.|
|Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.||We may use this information for any of the purposes described in section 3.|
|User Generated Content (UGC)||We may use this information for any of the purposes described in section 3.|
|Geolocation data.||We may use this information to enable consumers to view nearby stores.|
|Audio, electronic, visual, or similar information.||We use audio, visual or similar information that you may voluntarily provide in connection with customer care inquiries or when you engage with our social media initiatives.|
|Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer's preferences, characteristics and attitudes.||We use such information to personalize and optimize consumers' shopping experience with us, enable consumers to use our "wish list" or "add to closet" features online, tailor our marketing efforts, and develop and improve our products and services.|
During the past 12 months, we shared certain categories of personal information about California residents with third parties and business partners in a manner that may constitute a "sale" under the CCPA, as described below:
- Online Promotions and Advertising: We work with one or more third parties to: (i) administer and analyze effectiveness of advertising or promotional campaigns. These third parties may place cookies on individuals' computers to receive information about traffic to our site, browsing and purchasing activity on our online services, and (ii) From time to time third parties may help us to provide a more tailored user experience. These third parties may collect information about individuals' internet or other similar network activity and browsing patterns, IP address, page interaction (such as scrolling, clicks and mouseovers), and information obtained via cookies with these third parties (such as the site visited before or after), and may retain rights to use some of this information for their own purposes.
C. CCPA Rights
California residents have the following rights:
- Right to Opt-out of Sale: California residents have the right to opt-out of our "sales" of their personal information. To exercise this right, email us at with "California Request to Opt-Out" in the subject line, or use the contact details in this Privacy Notice above.
- Right to Know: California residents have the right to request that we disclose what personal information we collect, use, disclose and sell about them specifically. To submit a request to exercise this right to know, email us at with "California Request to Know", or use the contact details in of this Privacy Notice Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
- Right to Delete: California residents have the right to request the deletion of personal information that we collect or maintain about them. To submit a request to delete personal information, email us at with "California Request to Delete" in the subject line, or use the contact details in of this Privacy Notice Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA.
- Right Not to be Discriminated Against: You may not be discriminated against because you exercise any of your rights under the CCPA in violation of Cal. Civ. Code § 1798.125.
- Financial Incentives: From time to time we offer consumers who provide their email address, phone number and/or zip code to us for the purposes of receiving our marketing communications, free shipping, or sometimes a discount on an order. Consumers may opt in by entering their information when prompted upon first visiting our website. Consumers may opt out of marketing communications at any time by following the instructions in such communications. The financial incentive is permitted under the CCPA because it is not discriminatory in nature—it does not deny consumers their rights under the CCPA or discriminate against consumers who may have exercised their rights under the CCPA.
If you submit a request to exercise your CCPA rights, we may ask that you provide certain information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
You can designate an authorized agent to make a request under the CCPA on your behalf if:
- The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
- You sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know, right to opt-out of the "sale" of your personal information, or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described earlier:
- Email a certified copy of your written declaration authorizing the authorized agent to act on your behalf to PVH Corp. Privacy Office; and
- Provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue.
If you provide an authorized agent with power of attorney pursuant to California Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
Last Updated June 2018.
PVH Corp., a Delaware corporation (hereinafter referred to as "PVH," "we," "us," or "our") provides websites which can be accessed at izod.com, or vanheusen.com in conjunction with third parties. In certain Van Heusen stores, we may provide a wireless local area network for use by consumers (the "Wi-Fi Service").
PVH Corp. and its affiliates and licensees, and their respective officers, directors, employees, shareholders, agents, successors, assigns, vendors, retail partners and any other party involved in the creation, operation, production or transmission of the Site or provision of any other Service shall be referred to herein as the "PVH Parties."
1. Site User Eligibility.
The Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Site and products and services available for purchase through the Site, however, may be inappropriate, prohibited or restricted in countries outside the United States. The PVH Parties make no warranty or representations that the Site or the Features are appropriate or available for access/use outside of the USA. If you access/use the Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site.
Users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personal information.
2. Establishing an Account.
Users of all ages are welcome to browse the Site, however, you may only establish an account if you are 18 years of age or over (or whatever the age of majority is in your state of residence). In order to purchase products/services from the Site and in order to access/use some Features on the Site, you may be required to establish and use an account.
When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for your account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account and/or password shall be your responsibility.
3. Information You Provide/Submissions.
You hereby grant the PVH Parties a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party ("User Communications License"). The PVH Parties may, but are not obligated to use, review, monitor or respond to any User Communications. The PVH Parties shall not have any liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
PVH retains the right to remove any or all User Communications that includes any material that PVH deems inappropriate or unacceptable.
We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.
4. Prohibited Submissions.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that PVH may have at law or in equity, if PVH reasonably determines that you have violated or are likely to violate the foregoing prohibitions, PVH may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. PVH will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Calvin Klein to disclose the identity of anyone posting such materials.
5. Ownership and Permitted Use of Content.
The Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from the Site or any other Service (the "Content") are either the property of, or used with permission by, PVH. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on the Site or accessible via a Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose, including marketing, or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
Certain trademarks, trade names, service marks and logos used or displayed on the Site or any other Service are registered and unregistered trademarks, trade names and service marks of the PVH Parties. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site or any Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the displayed trademarks, trade names, service marks or logos without the written permission of PVH, its affiliates, or other related parties.
7. Prohibited Actions.
While visiting the Site and participating in, accessing and using the Features (cumulatively "Using the Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; create a deep-link to our Site by by-passing our Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).
8. Availability of Products, Services, Features and Content.
All Features, Content, and products and services available on or through the Site or any other Service, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services in the Site or other Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
9. Accuracy of Information.
The PVH Parties take reasonable efforts to ensure that information on the Site or provided via any other Service is complete, accurate and current. Despite such efforts, however, the information on the Site or made available via a Service may be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. The PVH Parties make efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The PVH Parties make no representation as to the completeness, accuracy or timeliness of any information. For example, products included on the Site may be unavailable, may have different attributes than those listed, or, to the extent permitted by law, may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of the PVH Parties to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The PVH Parties reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The PVH Parties also may require verification of information prior to the acceptance and/or shipment of any order.
10. Shipment of Order.
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site (or any other Service) and orders may be shipped through a third party shipper or fulfillment process. All purchases from this Site or other Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site or a Service pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
11. Linking to this Site.
Creating or maintaining any link from another website to any page on this Site without PVH's prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
12. Applicability of Additional Terms and Conditions.
Additional or different terms and conditions ("Other Terms") may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries) or another Service offered by us. If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features or any other Service, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
13. Third Party Links.
From time to time, the Site or other Service may contain links to websites that are not governed by these Terms and Conditions (the "Linked Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. The PVH Parties are not responsible for any content, materials or other information located on or accessible from any other website. The PVH Parties do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked Sites closely before using, submitting information to such Linked Sites, and allowing children to visit Linked Sites.
14. Disclaimer of Warranty.
THE SITE AND ANY OTHER SERVICE PROVIDED BY US ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PVH AND THE OTHER PVH PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS: (i) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THE SITE OR ANY OTHER SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF PVH OR ANY OTHER PVH PARTY IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO THOSE THIRD-PARTY SITES AND RESOURCES.
15. Limitations of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PVH PARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE ANY SERVICE, OR THE RESULTS THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW (INCLUDING, E.G., AS PROHIBITED BY THE LAWS OF THE STATE OF NEW JERSEY). PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
PVH reserves the right to suspend or terminate your account (and, subject to applicable laws, delete the profile corresponding to such account and any accompanying content) or your use of the Site or Features or any other Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site and Features, products and services available on or through the Site, or any other Service at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
17. Governing Law and Dispute Resolution/Arbitration
To the fullest extent permitted by law, any claim, controversy or dispute arising out of or relating to the Site or any other Service, these terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a "Dispute") will be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its choice of law principles.
To the fullest extent permitted by law, you and PVH each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in New York, New York on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in New York County, New York and (ii) the parties waive any plea or defense that such courts of are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
To the fullest extent permitted by law and subject to the terms of the paragraph above regarding New York jurisdiction and venue: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial. The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party's intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or provincial or federal court of competent jurisdiction.
The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state or provincial law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
As stated above, to the fullest extent permitted by law, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE PVH PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE.
Additional Limit on Claims
Except as otherwise prohibited by law, any Dispute must be brought within one year from the date the cause of action arises.
To the extent that any portions of Section 17 are prohibited by law. Please refer to your local laws for any such prohibitions, then such portions shall be modified to the extent possible and necessary to preserve the original intentions of this Section, and the validity or enforceability of the remaining portions of this Section 17 shall not in any way be affected or impaired thereby.
You may not use the Site or any Service to import, export re-import or re-export materials or other content in violation of any applicable laws or regulations including without limitation United States import and export laws and regulations.
If any provision of these terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
A printed version of these terms or any other policies or other terms incorporated herein shall be admissible in judicial and administrative proceedings based thereon to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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