GUESSJeans.com

SITE TERMS AND CONDITIONS

Last Updated: February 27, 2019

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES AVAILABLE THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, THESE TERMS AND CONDITIONS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. IN THE EVENT OF A DISPUTE, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT EXCEPT WHERE SUCH RIGHTS CANNOT BE WAIVED BY LAW. THE AGREEMENT INCLUDES A DISCLAIMER OF WARRANTIES AND A LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.

Welcome to GUESSJeans.com (the “Site”). The Site is provided by Guess?, Inc. (“Guess” or “we,” “our” or “us”). Please review the following basic rules governing your use of and purchase of products from this Site (collectively, “Agreement”).

Use Of This Site Constitutes Acceptance Of These Terms And Conditions

If you want to use this Site, then carefully read the entire Agreement (including all links to details such as our arbitration agreement), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Site (other than to simply read this Agreement), you agree to be bound by and comply with this Agreement and any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.

By using the Site, you acknowledge Guess’s collection and use of your data in accordance with our Privacy Policy.

In some instances, both this Agreement and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to the purchase of a product or service offered via the Site (in each such instance, and collectively “Additional Terms”). By way of example, some of our brands may offer a loyalty program, which require agreement to Additional Terms to participate in such program and those Additional Terms are incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and any applicable Additional Terms, the Additional Terms will prevail unless the Additional Terms expressly state otherwise.

Linkable Table of Contents

  1. Opening and Terminating Accounts
  2. Terms Applicable to Purchases
  3. Site Content, Ownership and Limited License
  4. Site and Content Use Restrictions
  5. Content You Submit and Community Usage Rules
  6. Notices, Questions and Customer Service
  7. Links by You to the Site
  8. Linked-To Websites; Advertisements; Dealings with Third Parties
  9. Binding Arbitration, Jury Trial Waiver, and Class Action Waiver
  10. Disclaimer of Representations and Warranties
  11. Limitations of our Liability
  12. Updates to Agreement
  13. General Provisions
  14. Guess List Not Applicable To This Site
  1. Opening and Terminating Accounts

    In order to access or use some of the features on the Site, you may be required to first register through our online registration process, found here [LINK TO REGISTRATION PAGE ON SITE (e.g., https://www.guessjeans.com/en/account/register?IsLoyalty=True]. The Site’s practices governing any resulting collection and use of your personal information that we collect as part of account registration are disclosed in our Privacy Policy. If you are under the age of eighteen (18), (or age of majority in your country of residence), then you are not permitted to register as a user, or otherwise use the Site or submit personal information to us.

     

    If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

     

    We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

     

    If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

     

    If you would like to close your Site account, please contact us at contactus@guessjeans.com and include “Account Closure Request” in the subject line with your full name and email address associated with your account.

  2. Terms Applicable to Purchases

    A. Generally. Guess products are available in select GUESS stores, better department stores, and specialty stores. Guess cannot guarantee that the products displayed on this Site will be available at every authorized GUESS retailer; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by Guess at any time without notice. Prices displayed at the Site are quoted in the local currency in your jurisdiction and are valid and effective only in your jurisdiction. To purchase any products or services we make available in our online stores, you must be at least eighteen (18) years of age, nineteen (19) years of age if you are a Korean customer, or twenty (20) years of age if you are a Japan consumer. Prior to the purchase of any products or services, you must provide us and our third party credit card processor with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within twelve (12) months of credit card authorization. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Guess or our third party credit card processor will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

    B. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by Visa, Mastercard, Discover, American Express, Amazon Payments, Guess Gift Card or PayPal. We, nor our third party payment processor, currently do not accept cash, personal or business checks or any other payment form on the Site, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT GUESS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EXCEPT WHERE THE UNAUTHORIZED TRANSACTION IS THE DIRECT RESULT OF A SECURITY BREACH ON THE SITE. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Guess of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Guess does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Guess or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Guess or our third party credit card processor shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

    C. Return Policy. All purchase transactions made through the Site are subject to Guess’s return policy:

    (i) For any reason, customers can return the order, entirely or partially. Guess may provide refunds on GuessJeans.com purchases that have begun the return process within 14 days from delivery of the merchandise. All returned products must be sent back in their original packaging with all materials received from Guess that accompanied the item(s). Valid proof of purchase is required for all returns. The returned products must be unharmed, unworn, and not altered. If a returned item does not fit these requirements the item will not be accepted and will be sent back to the customer at their own cost. Shipping charges and gift wrap charges, if applicable, are non-refundable.

    Please note that Guess does not provide exchanges. To the extent permitted in your local territory, Guess may deduct a return shipping fee not to exceed $30 United States Dollars (or the equivalent of $30 USD in your local currency on the date the return is commenced) from the total order amount. In order to start the refund process the customers can contact the Guess customer care team at the following:

    CONTACT US BY EMAIL:

    Email us at: contactus@guessjeans.com

    CONTACT US BY PHONE:

    Phone: 1-877-44-GUESS (1-877-444-8377).
    Hours: Monday through Friday 5:00 a.m. - 5:00 p.m.
    Saturday 7:00 a.m. - 4:00 p.m. (PT)

    RETAIL STORE QUESTION:

    For assistance in locating a specific item in a retail store, please call GUESS Retail at 1-877-44-GUESS ( 1-877-444-8377 ).

    OTHER QUESTIONS:

    For help locating information about advertising or licensing, please call the GUESS corporate office at 1-877-44-GUESS (1-877-444-8377).

    CORPORATE QUESTIONS:

    GUESS corporate headquarters are located in Los Angeles, CA. If you would like to send correspondence to our corporate offices please address it to:

    GUESS?, Inc.
    1444 South Alameda Street
    Los Angeles, CA 90021
    U.S.A.

    Products are classified as faulty if they are not of satisfactory quality, fit for purpose, or as described in the product details on the Site. Please note that products which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty. If your item is faulty when you receive it, you can return it for a refund within 14 days from the date you received it.

    D. Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Guess reserves the right at any time after receipt of your order to accept or decline your order for any reason. Guess further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Guess upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Guess has been effected until you receive a confirmation from Guess via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.

    E. No Responsibility to Sell Mispriced Products or ServicesWe do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Guess shall have the right to refuse or cancel any orders in its sole discretion. If we, or our third party credit card processor, charged your credit card or other account prior to cancellation, we, or our third party credit card processor, will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from Guess is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

    For residents in Australia, nothing in this Section 2(E) is intended to limit or restrict any rights you may have under the Australian Consumer Law (in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including any rights to obtain a full refund or replacement of any products or services offered on the Site, or to claim compensation for any loss of value in those products or services.

    F. Modifications to Prices or Billing Terms The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. GUESS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. FOR THE AVOIDANCE OF DOUBT, ANY CHANGES TO GUESS’ PRICES OR BILLING METHODS WILL NOT APPLY TO ANY PRODUCTS OR SERVICES SOLD PRIOR TO THE CHANGE.

    G. Sales and Promotions Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on previously purchased merchandise or purchases of gift cards. Unless otherwise indicated, sale and promotion start and end times are displayed in US Eastern time. Guess reserves the right to extend, modify or discontinue any offer at any time without notice.

    G. Limits on Purchases In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products. Products are not offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of Guess product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites.

    GUESSJEANS.COM has partnered with UPS i-Parcel to handle international payment collection and shipping. Click here for more information.

  3. Site Content, Ownership and Limited License

    All trademarks, service marks and trade names on this Site, including, without limitation, “GUESS” and “GUESS” alone and in combination with the inverted triangle design are property of Guess. No use of these may be made without the prior written authorization of Guess, except to identify the products or services of Guess. The products, logos, designs, advertisements and images described and/or displayed on this Site may be intellectual property with rights reserved by Guess or by other third parties. No license is granted with respect to these intellectual property rights. All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this Site (collectively, “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Guess. This Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Guess and all other Guess trademarks appearing on this Site are trademarks of Guess. The Content of this Site, and this Site as a whole, are intended solely for personal, non-commercial use by the users of this Site. You are granted a limited non-exclusive license to download or copy the Content and other downloadable materials displayed on this Site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Guess’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

  4. Site and Content Use Restrictions

    A. Site Use Restrictions. You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Guess; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Guess, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the Submissions; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate this Agreement or any Additional Terms.

    B. Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this Agreement or any Additional Terms or with the prior written consent of an officer of Guess or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

    C. Availability of Site and Content. Guess may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Guess’s sole discretion, and without advance notice or liability.

    D. Reservation of All Rights Not Granted as to Content and Site. This Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Guess and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.

  5. Content You Submit and Community Usage Rules

    A. Submissions.

    (i) General. Guess may now or in the future offer users of the Site the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) communications, comments, feedback, suggestions, ideas, messages, text, illustrations, files, images, graphics, photos, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, personally identifiable information, or other information or materials and the ideas contained therein, including submitted on third party social media platforms or websites, including, without limitation, Facebook, Instagram, Pinterest and/or Twitter associated with hashtags related to Guess (collectively, “Submissions”). Guess may allow you to do this through forums, blogs, message boards, social networking environments, contact us tools, email, and other communications functionality. Guess shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this Site, and/or the request of promotional information or product updates, you hereby agree that Guess may use information about you for marketing, product development and promotional purposes. Guess is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.

    (ii) Non-Confidentiality of Your Submissions. Except as otherwise described in the Site’s posted Privacy Policy or any Additional Terms, you agree that: (a) your Submissions will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Guess does not assume any obligation of any kind to you or any third party with respect to your Submissions. Upon Guess’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with this Agreement or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of Submissions may not be secure, and you will consider this before submitting any Submissions and do so at your own risk. In your communications with Guess, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed Submissions and licensed to us as set forth below. In addition, Guess retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Guess’s receipt of your Unsolicited Ideas and Materials is not an admission by Guess of their novelty, priority, or originality, and it does not impair Guess’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

    (iii) License to Guess of Your Submissions. Except as otherwise described in any applicable Additional Agreement(such as a contest official rules), which specifically govern the submission of your Submissions, you grant to Guess the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, modify, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Submissions for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Guess to your Submissions, you also hereby grant to Guess, and agree to grant to Guess, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Submissions, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5(A)(iii).

    (iv) Exclusive Right to Manage Our Site. Guess may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your Submissions, and Guess may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Submissions without notice or any liability to you or any third party in connection with our operation of Submissions venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or this Agreement or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 5(B)). Such Submissions submitted by you or others need not be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such Submissions on the Site or elsewhere.

    (v) Representations and Warranties Related to Your Submissions. Each time you submit any Submissions, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Submissions you submit, and that, as to that Submissions: (a) you are the sole author and owner of the intellectual property and other rights to the Submissions, or you have a lawful right to submit the Submissions and grant Guess the rights to it that you are granting by this Agreement and any Additional Terms, all without any Guess obligation to obtain consent of any third party and without creating any obligation or liability of Guess; (b) the Submissions is accurate; (c) the Submissions does not and, as to Guess’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and (d) the Submissions will not violate this Agreement (including the Rules) or any Additional Terms, or cause injury or harm to any person.

    (vi) Enforcement. Guess has no obligation to monitor or enforce your intellectual property rights to your Submissions, but you grant us the right to protect and enforce our rights to your Submissions, including by bringing and controlling actions in your name and on your behalf (at Guess’s cost and expense, to which you hereby consent and irrevocably appoint Guess as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

    B. Community Usage Rules. As a user of the Site, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s online communities (“Communities”). Your participation in the Communities is subject to this entire Agreement, including these Rules:

    • Your Submissions. All of your Submissions either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with this Agreement and any Additional Terms. Your Submissions should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any Submissions that belong to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your Submissions or has any rights to your Submissions, or if anyone appears or is referred to in the Submissions, then you must also have their permission to submit such Submissions to Guess. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Guess as your Submissions, then you must obtain your friend’s and the photographer’s permission to do so.)
    • Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Site, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
    • Act Appropriately. All of your Site activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your Submissions might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Site. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your Submissions must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical disability or means to palliate a disability. Your Submissions must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
    • Do Not Use for Commercial or Political Purposes. Your Submissions must not advertise or promote a product or Site or other commercial activity, or a politician, public servant, or law.
    • Do Not Use for Inappropriate Purposes. Your Submissions must not promote any infringing, illegal, or other similarly inappropriate activity.
    • Be Honest and Do Not Misrepresent Yourself or Your Submissions. Do not impersonate any other person, user, or Guess, and do not submit Submissions that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or Guess.
    • Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and Submissions that you submit on the Site within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
    • Don’t Share Other Peoples’ Personal Information. Your Submissions should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Guess.
    • Don’t Damage the Site or Anyone’s Computers or Other Devices. Your Submissions must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other device.
      If you submit Submissions that Guess reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the Submissions in question being removed from the Site.
  6. Notices, Questions and Customer Service

    You agree that: (i) we may give you notices of new, revised or changed Agreement and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.

    If you have a question regarding using the Site, you may contact us here You acknowledge that the provision of customer support is at Guess’s sole discretion and that we have no obligation to provide you with customer support of any kind.

  7. Links by You to the Site

    We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any trademarks; (b) the links and the content on your website do not suggest any affiliation with Guess or cause any other confusion; and (c) the links and the content on your website do not portray Guess or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Guess. Guess reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

  8. Linked-To Websites; Advertisements; Dealings with Third Parties

    A. Linked Sites; Advertisements. The Site may contain links to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Guess. Guess may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and Guess does not assume any obligation to review any Linked Sites. Guess does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Guess is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Guess will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. Guess assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.

    B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Guess disclaims all liability in connection therewith.

  9. BINDING ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER.

    To the extent permissible by law, any dispute, claim, or controversy arising from or relating to this Agreement, your use of Guess, purchases made through Guess, or to any products or services sold, distributed, or manufactured by Guess will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify. Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision. If applicable in your jurisdiction, the Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.

    There is no judge or jury in arbitration, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

    The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes. The JAMS’ rules are available at www.jamsadr.org or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall issue a written award setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award may be entered in any court of competent jurisdiction.

    Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’ rules. However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Guess will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, Guess will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against Guess are frivolous or brought in bad faith.

    TO THE EXTENT PERMISSIBLE BY LAW, YOU AND GUESS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor Guess are entitled to arbitration.

    This Agreement is governed by the laws of the State of California without regard to conflict of law principles.

    Some jurisdictions limit or do not allow binding arbitration clauses, jury trial waivers, or class action waivers, so the above paragraphs may not apply to the extent such jurisdictions’ laws are applicable.

    If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then to the extent permitted by law the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within :

    • (a) For residents of the United States: the Central or Southern Districts of California or, if applicable, state courts for the counties within those two federal districts; or
    • (b) For non-residents of the United States: the jurisdiction in which you reside

    Notwithstanding any other provision in this Agreement to the contrary, to the extent Guess makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Guess notice of prior to the change in the dispute resolution provision.

    To provide us notice of an arbitration demand, send the demand to our registered agent: Guess?, Inc., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.

  10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    To the extent permissible by law, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Guess and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Guess Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

    • (a) the Site (including the Content and the Submissions);
    • (b) the functions, features, or any other elements on, or made accessible through, the Site;
    • (c) any products, services or instructions offered or referenced at or linked through the Site;
    • (d) security associated with the transmission of your Submissions transmitted to Guess via the Site;
    • (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
    • (f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
    • (g) whether any defects to or errors on the Site will be repaired or corrected;
    • (h) whether your access to the Site will be uninterrupted;
    • (i) whether the Site will be available at any particular time or location; and
    • (j) whether your use of the Site is lawful in any particular jurisdiction.

    EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL AGREEMENT PROVIDED BY A GUESS PARTY, GUESS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

    Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

    NJ Residents: the Disclaimer of Representations and Warranties section of this Agreement is inapplicable to you.

    Australian Residents: the Disclaimer of Representations and Warranties section of this Agreement is inapplicable to you to the extent that it would disclaim or limit any rights you may have under the Australian Consumer Law (in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including any consumer guarantees in relation to goods or services.

  11. LIMITATIONS OF OUR LIABILITY

    UNDER NO CIRCUMSTANCES WILL ANY GUESS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

    • (a) the Site (including the Content and the Submissions);
    • (b) your use of or inability to use the Site or the performance of the Site;
    • (c) any action taken in connection with an investigation by Guess Parties or law enforcement authorities regarding your access to or use of the Site;
    • (d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
    • (e) any errors or omissions in the Site’s technical operation; or
    • (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

      The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Guess Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

      Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

      EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUESS PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID GUESS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL OR COURT WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

      NJ Residents: the Limitation of our Liability section of this Agreement is inapplicable to you.

  12. Updates to Terms

    This Agreement (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS AND CONDITIONS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS AND CONDITIONS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms and conditions and any applicable Additional Terms each time you use the Site (at least prior to each transaction or submission). The new terms and conditions will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms and Conditions (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal or court to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your account and the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Site and related services.

  13. General Provisions

    A. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Guess Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Guess Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Submissions; (ii) your use of the Site and your activities in connection with the Site; (iii) your breach or alleged breach of this Agreement or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Guess Parties’ use of the information that you submit to us (including your Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Guess Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Guess Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Guess Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Guess Party.

    Australian Residents: the indemnity in Section 13(A) above will not apply to the extent that any claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees):

    • (i) have been caused by the conduct of the Guess Parties; or
    • (ii) can be reasonably mitigated by the Guess Parties.

    B. Operation of Site; Availability of Products and Services; International Issues. Guess controls and operates the Site from its U.S.-based offices in Los Angeles, California, and Guess makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods. Guess reserves the right to make changes to the information in this Site, or to the services described therein, at any time without notice. Guess makes no commitment to update this information.

    C. Severability; Interpretation. If any provision of this Agreement, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this Agreement or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement or the Additional Agreement(which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this Agreement or any Additional Terms, the word will be deemed to mean “including, without limitation,”. The original language of this Agreement is English. If the Agreement is translated into any language other than English, the English language version of this Agreement will prevail to the extent of any conflict.

    D. Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically in connection with the purposes for which you have contacted us. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    E. Investigations; Cooperation with Law Enforcement; Termination; Survival. Guess reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this Agreement and any Additional Terms, (iii) investigate any information obtained by Guess in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this Agreement and any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Guess under this Agreement or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Guess, all rights granted to you under this Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of this Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Guess this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

    F. Assignement. Guess may assign its rights and obligations under this Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Guess.

    G. No Waiver. Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by you or Guess in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

    H. Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.

    I. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov

  14. GUESS LIST NOT APPLICABLE TO THIS SITE

    The GUESS LIST Loyalty Program is currently not applicable to or otherwise available for purchases made on this Site.