Terms and Conditions
Tommy Hilfiger Mobile Program
The following terms and conditions (the "Terms") govern your use of the Tommy Hilfiger Mobile Program (the "Program") in the United States and Puerto Rico provided to you by PVH Corp. ("PVH," "we" and "us"), parent company of Tommy Hilfiger U.S.A., Inc. ("Hilfiger") owner of the Tommy Hilfiger brand. Your use of any aspect of the Program will constitute your agreement to comply with these terms and conditions. By joining, you represent and warrant that you: (i) have the right, authority, and capacity to consent to these Terms in their entirety; (ii) have read, understand, and agree to all of these Terms; and (iii) are over the age of majority in your state of residence.
We reserve the right, in our sole discretion, to modify these Terms at any time with or without advance notice. You can always find the most recent version of these Terms at the website. To the fullest extent permitted under applicable law, your continued participation in the Program after modification constitutes your acceptance of these Terms as modified. We may, in our sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Program, temporarily or permanently, including the availability of any features of the Program, at any time with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Program.
1. Opt Out and Help
To opt out of the Program, please send the words STOP to 86669You will receive a final confirmation message stating that you have been unsubscribed. Please allow a reasonable time period to process your request.
For help with the Program, please send the words HELP to 86669
Contact customer support at 800-866-6922 or email firstname.lastname@example.org.
2. The Program
We offer through the Program text messages delivered to your mobile phone. Upon submission of your initial opt in, you will receive a text message confirming your request to join the Program. Your affirmative reply to our text message will constitute your written consent to join the Program and your agreement to comply with these terms and conditions. You will then receive an opt-in confirmation text message. We will then send no more than ten marketing text messages per month.
3. To Join / Eligibility
We are pleased to offer you mobile text alerts. Please feel free to join the Program to receive our alerts through your wireless device. You can opt in to receive messages by texting the appropriate code noted at retail shops or signing up online at https://usa.tommy.com/LogonForm. Only legal residents of the 50 United States (including the District of Columbia) and Puerto Rico may enroll in the Program. Those residing outside of the foregoing jurisdiction are not permitted to enroll. You are required to provide true, accurate, and complete information about yourself as prompted by the enrollment form or the messages you receive via text during the opt-in process. You acknowledge and agree that we will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about the Program. If we have reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, we may suspend or terminate your enrollment in the Program.
4. No Charge for the Program by Us, but Carrier Charges may apply
We do not charge for providing you with the Program. However, please check your wireless service plan, as your mobile carrier may charge you for text messages. Standard message and data rates may apply, and charges are billed by and payable to your mobile service provider. Supported carriers include AT&T, Verizon, T-Mobile, Sprint , Boost, Virgin, MetroPCS, Cellcom (ACG), Ntelos (ACG), Viaero Wireless (Interop), CellOne of MT (Interop), Nex-Tech Wless (Interop), Bluegrass (Interop), West Central (Interop), GCI Communications (Interop), Inland Cellular (Interop), Illinois Valley (Interop), ACS Wireless (Interop), Union Wireless (Interop), New Core Wireless (Interop), Duet Wireless (Interop), SouthernLinc (Interop), Flat Wireless / Cleartalk (nterop), Copper Valley (Interop), ASTAC (Interop), Cordova (Interop), Pine Belt (Interop), Standing Rock (Interop).. You are solely responsible for acquiring any hardware, software, wireless access, Internet access, and other items required for you to participate in the Program, and any associated fees, charges, and expenses.
T-Mobile is not liable for delayed or undelivered messages.
5. Offer Terms
The following standard terms apply: (i) offer cannot be combined with associate discount; (ii) one redemption per person, per store, per day; (iii) not valid on gift cards; (iv) not redeemable for store credit or cash; (v) customer must present the mobile message at time of purchase to receive the offer. (vi) any discount (as shown on the receipt) applied to merchandise that is returned will be deducted from any refund amount. Certain other restrictions may apply. Please see store associate for details. Terms subject to change.
7. Proprietary Rights
All ownership rights and title in and to the Program are owned by us or our licensors and are protected under applicable copyrights, trade-marks and other proprietary (including, without limitation, intellectual property) rights and international treaties. Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the Program, or any portion therein, including, without limitation, any text messages, content, or other aspect of the Program, without our prior written permission. All rights not expressly granted to you through these Terms are retained by us. Nothing in these Terms grants to you any right to use any of our or any other third party's trade-marks, service marks, logos, domain names or other indicia of origin.
8. User Conduct
You agree that you will comply with all applicable local, state, national and any other laws, regulations and other legal requirements that relate to your participation in the Program. In addition, in participating in the Program, you agree, without limitation:
- not to use the Program in breach of these Terms;
- not to disrupt or interfere with the security of, or otherwise abuse, the Program, or any part of the Program;
- not to attempt to obtain unauthorized access to the Program or portions of the Program that are restricted from general access;
- not to use the Program in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights; and
- to comply with any other requirements, restrictions or limitations imposed by us from time to time.
You agree not to modify the format or branding of the content provided in the Program or to add any materials, including any advertisements or other promotional content, to such content. The Program and content part of the Program is owned by us, our affiliates, or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the content or the Program except as expressly provided for in this Agreement.
10. Disclaimer of Warranties / Limitation of Liability
This Program, in whole and in part is provided on an "as is" and "as available" basis, without express or implied warranties of any kind, including, without limitation, warranties of title, implied warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the Program and the results and performance thereof. In no event and under no cause of action, including, without limitation, negligence, shall we, our affiliates or any of our respective officers, directors, members, employees or authorized agents, vendors or service providers (collectively, the " parties") be liable for any damages, claims, expenses, losses or liabilities (including, without limitation, direct, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused and under any theory of liability, arising from or in connection with the Program and/or these Terms, even if we are advised of the possibility of such damages, claims or losses. Without limiting the generality of the foregoing, we shall not be liable to you or any third party for: (a) your use of or inability to use the Program; (b) any messages or the content of any messages provided to you; (c) any goods, services or information purchased, received, sold or paid for in connection with the Program; (d) disputes between you and us; (e) any inaccuracy, incompleteness or misinformation contained in any information provided through the Program; (f) unauthorized access to, or alteration or loss of, your transmissions or data, or other information that is collected, stored or sent in connection with the Program; (g) errors, system down time, network or system outages, file corruption or service interruptions; or (h) any other use by you of the Program. Your sole remedy under these Terms shall be to discontinue any use of the Program. Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
11. General Terms
(a) Notices. You agree that we may provide you with notices and other disclosures in connection with the Program by text message, postings on the website or other reasonable means of communication. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.
(b) Waiver. Our failure to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.
(d) Indemnification. To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold us harmless from any loss, liability, claim, or demand, including, without limitation, costs and reasonable legal fees, due to, in connection with or arising out of your use of the Program or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity.
(e) Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(f) Disputes. To the fullest extent permitted by law, you agree that any and all disputes, claims and causes of action arising out of or in connection with these Terms or the Program (each a "Dispute") will be governed by and construed under the laws of the State of New York, excluding only its conflict of law provisions, and will be resolved on an individual basis, without resort to any form of class action and you expressly waive any right you may have to arbitrate a Dispute as a class action. You also expressly waive your right to a jury trial. In the event of a Dispute, you and PVH each agree to submit exclusively to confidential, binding arbitration which will be held in New York, New York. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and PVH 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 attorneys', expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state 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 this clause. As stated above, 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 US 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 STATUTE.
(g) Assignment. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. We reserve the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.
For questions contact:
Tommy Hilfiger U.S.A., Inc.
285 Madison Avenue
New York, NY 10017
Attn: Mobile Program Team