These online Terms of Use were last updated on August 8, 2019.
SECTION 1. OVERVIEW
These Program Terms and Conditions (“Terms”), along with the Levi Strauss & Co. (together with its affiliates and subsidiaries, “LS&Co.”) Terms of Use and Privacy Policy constitute an agreement between you and LS&Co. relating to your participation in the Program (“Agreement”). Please read these Terms carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between LS&Co. and you through arbitration on an individual basis instead of by class actions or jury trials. Upon enrollment in the Program you become a "Member" and will receive access to certain benefits at qualifying Levi’s® store locations, via the Levi’s® mobile application (available on the Apple® App Store when it becomes available) or online at www.levi.com in the United States (“Membership”). The LS&Co. Terms of Use and Privacy Policy, govern participation in the Program and LS&Co.’s use of personal information provided under the Program. In the event of a conflict between these Terms and the Terms of Use and/or the Privacy Policy , these Terms will govern. If you do not agree with these Terms, do not participate in the Program.
SECTION 2. ELIGIBILITY
To participate in the Program, you must be a legal resident of the fifty (50) United States or the District of Columbia and sixteen (16) years of age or older. If you are between sixteen (16) and eighteen (18) years of age, you may only participate in the Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms. LS&Co. may change these eligibility requirements at any time, with or without notice, and reserves the right to refuse Membership to any applicant for any reason, in its sole discretion.
SECTION 3. HOW TO ENROLL
Enrollment in the Program is free and optional by providing the required information, including setup of a qualifying password or entry of an existing levi.com password, at a qualifying Levi’s® store location, via the Levi’s® mobile application (available on the Apple® App Store when it becomes available) or online at www.levi.com in the United States. Enrollment also includes an optional questionnaire. Upon registering for the Program, individuals will receive an email confirming that they are a Member. You represent that all information you provide during registration and throughout your participation in the Program is true and accurate, and you agree to update such information, as necessary to maintain its truth and accuracy.
SECTION 4. PROMOTIONS
Upon enrollment, Members will immediately be eligible for the following benefits, which are subject to change and may immediately terminate upon Member’s disqualification from or voluntary removal from the Program:
- An initial enrollment offer consisting of a one-time product discount;
- Free shipping to an address in the 50 United States and District of Columbia for all levi.com orders;
- Receiptless returns; Returns are subject to additional terms and conditions available at https://leviscs.zendesk.com/hc/en-us/articles/360024883332-What-is-your-return-policy-.
- Product recommendations; and
- Online expedited checkout.
During Member’s enrollment in the Program, Member will receive additional promotions and/or benefits, from time to time to the e-mail address provided by Member upon enrollment and within the My Account section when logged in at levi.com, or through the Levi’s® mobile application when it becomes available. Such additional promotions and/or benefits will be subject to the terms and conditions associated therewith.
SECTION 5. GENERAL TERMS OF PROGRAM
Limit one (1) Membership per person. If there is a dispute regarding ownership of the Membership, the owner will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each Member is responsible for providing a correct email address, as well as updating his/her email address as necessary for use in connection with the Program. LS&Co. will send Program-related emails, including but not limited to the following: welcome email; recurring Membership status statements and/or updates; promotions, other marketing communications; etc. To not receive these emails, Member must cancel his/her Membership. These emails will be in addition to any Program marketing or brand marketing emails Member may have also subscribed to receive. LS&Co. may also send Program-related notifications through the Levi’s® mobile application and via SMS when the mobile application becomes available. To not receive these notifications, Member must opt out of receiving them through Member’s mobile phone and/or Levi’s® mobile application settings.
By signing up for the Program, Member will also be signed up to receive brand marketing emails. To not receive these brand marketing emails, click on the self-service unsubscribe link found in the footer of any brand marketing email, or follow the instructions listed in the Privacy Policy. To cancel a Membership, or for any other Program-related questions, please call Customer Service at 1-800-872-5384. Please note that the hours of operation are 5am – 9pm PT. A Member is not required to make purchases to qualify for the Program. LS&Co. reserves the right, in its sole discretion, to prevent any individual from enrolling in the Program or to suspend and/or remove any Member from the Program for any reason, including suspected re-sellers and/or wholesales, or in the event of any suspected fraud, abuse, or misuse in connection with this Program. LS&Co. reserves the right to change, suspend, or terminate the Program or any of its associated Terms at any time and in any manner with or without notice. Any subsequent Terms supersede prior versions. Your continued participation in the Program constitutes your acceptance of any changes to these Terms. You are responsible for remaining knowledgeable of any changes to these Terms.
SECTION 6. NO WARRANTY
LS&Co. its respective subsidiaries, divisions, and affiliate entities, along with each such company’s respective officers, directors, employees, and agents make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to the Program or that the Program will be free from defects or viruses or that operation of the Program will be uninterrupted. You are solely responsible for any damage or injury resulting from your participation in the Program and/or redemption of any promotion.
SECTION 7. RELEASE OF LIABILITY
. By agreeing to participate in the Program, Members release LS&Co., its parent and subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the “Released Parties”) from all liability with respect to the Program or the misdirection or misuse of any promotion. By participating in the Program, Members hereby release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in the Program, use of the Program and its benefits, or agreement to these Terms.
SECTION 8. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
By participating in the Program, you agree: (i) that any and all disputes you may have with, or claims you may have against LS&Co. or its affiliates relating to, arising out of or connected in any way with (a) the Program, (b) these Terms, or (c) the determination of the scope or applicability of the agreement to arbitrate in this Section 8 (a “Claim”), will be resolved exclusively by final and 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. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LS&Co. 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 you from seeking action by federal, state, or local government agencies. You and LS&Co. also have the right to bring qualifying claims in small claims court. In addition, you and LS&Co. 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 LS&Co. 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 LS&Co. individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
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 LS&CO. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 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 will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with LS&Co.
SECTION 9. TERMINATION
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by LS&Co. or until you cancel your Membership. You may terminate this Agreement at any time by cancelling your Membership. LS&Co. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Program, if in its sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
SECTION 10. GENERAL
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of LS&Co.’s right to require strict observance of each of the Terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between you and LS&Co. relating to your use of and/or participation in the Program.