Your Use of This Website Is Governed By An Agreement To Arbitrate Disputes. You Agree To Submit All Disputes Concerning This Agreement, Your Use of This Website, and Any Products or Services You Purchase Through the Website To Confidential, Binding Individual Arbitration, And You Agree To Give Up Your Right To Represent Other Persons In A Class Action or Similar Proceeding.
This Site may allow users to communicate with each other using discussion forums, blogs, wikis and other interactive methods of posting and sharing information.
Ownership and Protection of Content
The Site is owned and operated by Club Monaco or one of its affiliated companies. The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, information obtained from Club Monaco’s licensors or other third parties, and other materials (“Contents”) is protected by copyright, trademark and other intellectual property or other proprietary laws under both the United States and foreign laws. All of the Contents are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use the Contents without Club Monaco or its licensors’ prior written consent, except as otherwise described herein. Title to the Contents remains with Club Monaco or its licensors.
Most products displayed on the Site are available in Club Monaco stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available in stores. The prices displayed on the Site are quoted in US dollars and are valid and effective only in the United States. The technical specifications and settings of your computer and its display could affect the accuracy of the colors of products displayed on the Site.
Registration, Accounts and Passwords
If you register and create an account on the Site, you agree to be responsible for: (a) maintaining the confidentiality of passwords or other account identifiers which you choose, and (b) all activities that occur on the Site when logged in using such passwords or account identifiers. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, please notify Club Monaco immediately. Club Monaco will assume that any communications Club Monaco receives under your password-protected account have been made by you unless Club Monaco receives notice otherwise.
Club Monaco does not claim ownership of any information or material a user provides to Club Monaco or posts, uploads, input, submits or transmits to this Site (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views or disability; in violation of local, state, national or international law; or that infringes on or violates any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer codes; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spam”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Club Monaco, exposes Club Monaco or any of its licensors, partners or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential and non-proprietary, and may be disseminated or used by Club Monaco. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Club Monaco a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the Submission in any media or medium, or any form, format or forum now known or hereafter developed. Notwithstanding the foregoing, Club Monaco is not required to use any Submission.
Liability of Club Monaco and Its Licensors and Partners
The use of the Site, the Contents and Submissions are at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Club Monaco may make changes or improvements at any time. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND CLUB MONACO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLUB MONACO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLUB MONACO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT CLUB MONACO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS OF ANY DEVICES USED TO ACCES THE SITE
Links to Other Sites
The only exceptions to this arbitration agreement are that (a) each of you and we retain the right to sue in small claims court and (b) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. During the first 45 days after we receive your notice (the "Pre-Arbitration Period"), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this Agreement. The JAMS Rules are available at at http://www.jamsadr.com/rules-streamlined-arbitration/ www.adr.org or by calling 1-800-352-5267.
Arbitration firms ordinarily charge fees to both sides to conduct arbitrations. The claimant in arbitration heard by JAMS has to pay $250 to start a case, whether the claimant wins or loses. In the event you commence arbitration for an amount less than $10,000, after we receive notice that you have done so, we will reimburse you for your payment of this filing fee and we will pay JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator's services, pursuant to the JAMS Rules. We will not seek to recover the filing fee we reimbursed to you unless the arbitrator determines that you brought your claim frivolously or for an improper purpose.
Each of us may incur attorneys' fees during the arbitration. Each of us will bear our own attorneys' fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys' fees, the prevailing party may seek fees as applicable law permits. If applicable law does not permit a prevailing party to recover its attorneys' fees, but you prevail in the arbitration and win an award at least 25% greater than our highest pre-arbitration settlement offer, then we will pay your reasonable attorneys' fees for time reasonably expended at rates that prevail for attorneys in your home county, in an amount not to exceed the greater of $10,000 or 20% of the arbitrator's damages award to you. If we prevail in the arbitration, we will seek to recover our reasonable attorneys' fees and reimbursement of arbitration costs only if applicable law permits a prevailing party to see fees or if the arbitrator finds that you brought a claim frivolously or for an improper purpose and applicable law does not preclude us from seeking our fees and costs.
The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the JAMS Rules.
If your claim is for $10,000 or less, we agree, pursuant to the JAMS Rules, that the dispute should be resolved without an oral hearing, unless the arbitrator requests otherwise. Any in-person hearing for a claim of less than $10,000 must be conducted in New York, New York. If your claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the JAMS Rules.
Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions. The arbitrator's decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver; No Consolidation of Arbitral Claims
We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons' claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in New York County, New York.
Notice and Take Down Procedures; and Copyright Agent
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Club Monaco (address identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g. URL) of an authorized version of the work.
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
- Your name, address, telephone number and (if available) email address
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent or the law.
- A statement that the information you have supplied is accurate, and indicates that “under penalty of perjury,” you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Club Monaco’s address for copyright issues relating to this Website is as follows:
625 Madison Avenue
Attn: Legal Department
New York, New York 10022
Or call 212-705-8200 and request the Legal Department.
In an effort to protect the rights of copyright owners, Club Monaco maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.