1. ACCEPTANCE OF TERMS.
You are expected to check this page from time to time to take notice of any changes lululemon has made, as they are binding on you.
2. USE AND RESTRICTIONS.
The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.
For residents of Korea or those accessing the site from Korea, you must be 19 years of age or older.
For EU residents only: If accessing the Sites from outside of the EU (excluding the UK), Norway and Switzerland, the Contents on the Sites are displayed solely for the purpose of promoting lululemon’s products available within the European Union (excluding the UK), Norway and Switzerland.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites and Apps are proprietary to lululemon or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of lululemon or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of lululemon.
5. COPYRIGHT AND TRADEMARK INFRINGEMENTS
lululemon respects the intellectual property rights of others, and we ask you to do the same. lululemon may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide lululemon's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit lululemon to locate the material.
Information reasonably sufficient to permit lululemon to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
lululemon's agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:
By email: firstname.lastname@example.org
Attention: Brand Protection
1818 Cornwall Ave
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6. YOUR ACCOUNT
If you purchase products or services through your account using the Sites and Apps, you must establish an account with lululemon. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and Apps that occur under your account or your account password.
You agree to immediately notify lululemon of any unauthorized use of your password or account or any other breach of security by contacting the GEC. We have the right to disable any account or password at any time, for any reason.
7. TERMS OF SALE
All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites and Apps. You should refer to our terms of sale to learn more about our return policy and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in lululemon’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our RETURN POLICY and online shopping sections of the Sites. Your statutory rights under the Australian Consumer Law are not affected by these Terms of Sale.
Payment methods are specified on the Sites and Apps and may include Afterpay services. If you pay for our products or services using Afterpay, the prevailing terms and conditions of Afterpay will apply, which you can find at WWW.AFTERPAY.COM. [In particular, you should be aware that if you are purchasing products and /or services using Afterpay, the minimum order value is $100 (incl. GST) and maximum order value is $1,000 (incl. GST). This is also inclusive of delivery charges (if applicable). Further details can be found at WWW.AFTERPAY.COM.]
8. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from lululemon either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to lululemon set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites, Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:
· use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by lululemon;
· use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
· take any action that imposes or may impose (in lululemon’s sole discretion) an unreasonably or disproportionately large load on lululemon’s infrastructure;
· attempt to gain unauthorized access to lululemon computer network or user accounts;
· encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
· attempt to damage, disable, overburden, or impair lululemon servers or networks;
· fail to comply with applicable third party terms;
· defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
· use racially, ethnically, or otherwise offensive language;
· discuss or incite illegal activity;
· use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
· post anything that exploits children or minors or that depicts cruelty to animals;
· post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
· disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
· use any robot, spider, scraper or other automated means to access the Sites or Apps; and
alter the opinions, goals, profiles or comments posted by others on the Sites and Apps.
This list of prohibitions provides examples and is not complete or exclusive. lululemon reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that lululemon determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites, Apps and/or services. lululemon may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at lululemon's discretion, lululemon will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.
lululemon takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, lululemon is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require lululemon to monitor, police or remove any Submissions or other information submitted by you or any other user.
lululemon prohibits crawling, scraping, caching or otherwise accessing any content on the Sites and Apps via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with lululemon's express consent).
It is lululemon's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, lululemon does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that lululemon is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, lululemon reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.
12. LINKS TO THIRD PARTY WEBSITES
The Sites and Apps may contain links to websites and other resources operated by third parties other than lululemon. Such links are provided solely as a convenience to you. lululemon does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites and Apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. LINKING TO THE SITES
14. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
15. WARRANTIES AND DISCLAIMER
Minor differences in color and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. Subject to your statutory rights under the Australian Consumer Law, lululemon is not liable for these variants and deviations.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, LULULEMON MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, LULULEMON WILL CONTACT YOU TO ARRANGE FOR A REFUND.
16. LIMITATION OF LIABILITY
LULULEMON AND ITS PARENT, AFFILIATES, SUBSIDIARIES (INCLUDING IVIVVA ATHLETICA CANADA INC.), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY LULULEMON’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
FOR NEW JERSEY RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW JERSEY: You agree that all disputes arising from your account, your use of the Sites and Apps, and your Submissions and any Personal Rights contained therein shall be decided solely by an arbitrator, pursuant to the Consumer Arbitration Rules of the American Arbitration Association. By agreeing to arbitration, You understand and agree that You are waiving Your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL in any dispute with lululemon, its subsidiaries and/or affiliates.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
FOR NEW ZEALAND RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW ZEALAND: WE UNDERSTAND THAT, IN SOME JURISDICTIONS WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED. ACCORDINGLY, IN RELATION TO GOODS AND SERVICES SUPPLIED BY LULULEMON IN NEW ZEALAND, TO THE FULLEST EXTENT PERMITTED BY LAW, LULULEMON'S LIABILITY FOR BREACH OF ANY CONSUMER GUARANTEE, WHICH CANNOT BE EXCLUDED, IS LIMITED AT THE OPTION OF LULULEMON TO:
(a) IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY LULULEMON, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE SUPPLY OF THE SERVICES AGAIN, OR (ii) THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND
(b) IN THE CASE OF GOODS SUPPLIED OR OFFERED BY LULULEMON, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (ii) THE REPAIR OF SUCH GOODS; (iii) THE PAYMENT OF THE COST OF THE REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (iv) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
You agree that any claim you may have arising out of or related to your relationship with lululemon must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We believe that arbitration offers a prompt and efficient way to resolve any dispute, controversy or other claim between us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).
Pre-Arbitration Claim Resolution
Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us a notification that contains the following information: (1) your name, (2) your address, (3) a written description of your claim in the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue the Dispute in arbitration or, if you have opted out of arbitration as provided under “Right to Opt Out, in court.
Right to Opt Out
Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both you and we specifically agree following initiation of the arbitration. The arbitration will be conducted in English, closed to the public and confidential. All related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
The U.S. Federal Arbitration Act (“FAA”) may govern the arbitrability of Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.
Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
Unless we mutually agree on a different location, arbitration shall occur in Seattle, Washington. You waive any right to claim that such location is an inconvenient forum, and you agree not to sue us or bring arbitration in any other forum.
To minimize the costs and burdens of associated with arbitration, you and we agree that the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. You and we further agree that the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.
Payment of Arbitration Fees and Costs
So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing, administration and arbitrator fees and associated costs and expenses in any Dispute involving claims totaling less than $10,000. You will be responsible for all additional fees and costs that you incur in the arbitration, including the fees and costs of any attorney or expert witness you use. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Waiver of Class Action, Jury and Other Rights
18. GOVERNING LAW
21. NO PARTNERSHIP
22. ENTIRE AGREEMENT
B. Gift Cards Terms and Conditions
1. Compliance with Laws
By purchasing a gift card ("Gift Card") offered by lululemon, you are certifying and representing to lululemon that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, the Cashstar eGift Card terms and conditions (collectively the "Gift Card Terms and Conditions"), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify lululemon and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release lululemon from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.
Please be aware that Gift Cards offered by lululemon cannot be purchased using Afterpay.
Gift Cards purchased in China are only redeemable for purchases at lululemon retail stores in China. All other Gift Cards are redeemable for purchases at lululemon retail stores outside of China or online at www.lululemon.com, lululemon.com.au, lululemon.co.nz, lululemon.com.hk, lululemon.co.uk, eu.lululemon.com, fr.lululemon.com. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by lululemon.
3. Balance Inquiries
For balance inquiries please contact us or visit www.lululemon.com/gc
For information regarding returns see our RETURN POLICY.
5. Our Policies
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. For Singapore guests, lululemon does not require the approval of the Monetary Authority of Singapore. Guests are advised to read the Gift Card Terms and Conditions carefully.
6. Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.
lululemon will have the right to close guest accounts and request alternative forms of payment if lululemon believes such Gift Card has been fraudulently obtained.
8. Not for promotional use
lululemon Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)
9. No affiliation with lululemon
Use of lululemon's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of lululemon Gift Cards is strictly prohibited. Furthermore, the use of lululemon Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with lululemon or any of its subsidiaries or affiliates is prohibited.
10. Limitation of Liability
LULULEMON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the province of British Columbia and the federal laws of Canada and you consent to exclusive jurisdiction and venue in such courts.
12. General Terms
When you purchase, receive or redeem a lululemon Gift Card, you agree that the laws of the province of British Columbia and the federal laws of Canada, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. lululemon reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.
C. Applications ("Apps")
1. Google Terms and Conditions; lululemon Policies
2. Apple Terms and Conditions; Lululemon Policies
3. User Information and the App
You agree to: (a) provide true, accurate, current and complete information about yourself as required for purposes of registration (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. Persistent Log-in
You have the option to use the "persistent log-in" feature, which allows you to remain logged-in while the App is closed in order to avoid having to reenter your log-in information each time you open the App. If you choose to exercise this option, you understand that anyone who gains access to your mobile device will be able to access, and use all of the functionality as found on the App, including the payment functions. By agreeing to this option you understand and agree that you are responsible for any charges or actions on your account.
5. Carrier Charges
You hereby agree and acknowledge that your use of the Apps may involve data charges which are your responsibility as between you and your wireless service provider.
6. Lost or Stolen Device
lululemon is not responsible for unauthorized use of your mobile device, including mobile payments made where the mobile device may have been lost or stolen even when you have notified lululemon about the mobile device being lost or stolen.
7. User License
Subject to these Terms, lululemon grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use only on any android, mobile, Apple iPhone, iPad or iPod Touch computer, or other supported device, (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Google Terms and Apple Terms and in accordance with these Terms (“User License”) or on any other device which may later support the use of the App as permitted by such device’s terms and conditions which shall be provided to User accordingly. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App (the “Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
8. Privacy of User Information
9. Acceptable Use, Reviews and other User Submitted Content
Use by the User of the Apps and any of their Content and User Information transmitted in connection with the Apps is limited to the contemplated functionality. The User agrees that his or her use of the Apps and any Content must comply with these Terms, Google Terms, Apple Terms and the lululemon Policies.
10. Third Party Beneficiary
Apple, Google and each of their subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Google and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.
11. Pricing and Quantities
The Shop App will provide you with pricing for the products that are carried by lululemon both in-store and online. The pricing shown to you through use of the Shop App may only be good for purchases made online or through the Shop App and may differ from in-store pricing.
Price and availability information is subject to change without notice. While lululemon takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed lululemon will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. lululemon reserves the right to limit quantities. Not all products shown in the Shop App are available in-store, as some products can only be found online.
Questions or Concerns
If you have any concerns about material which appears on this Website, please contact us by emailing us at: email@example.com or by writing to us at:
1818 Cornwall Ave
Your Privacy: Overview
Collection of Your Information
lululemon may collect personal information in connection with your use or purchase of lululemon’s products and services, including at the Stores or through your use of the GEC or the Sites or through your use of the Services, which may include information provided in connection with the following activities:
Registering or filling in forms on the Sites or in the Stores. This includes information you may provide when you request additional information about lululemon’s products and services or sign up to receive lululemon’s e-mail newsletters or coupons.
Downloading and using one of our mobile applications.
Completing a profile or uploading goals to the Sites.
Purchasing any product or service from lululemon, whether at a Store or through the GEC or the Sites.
Providing design or product feedback or making other submissions to lululemon.
Requesting information or assistance from lululemon. lululemon may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding lululemon’s products and services.
Participating in consumer contests, sweepstakes and other promotions.
The personal information that lululemon may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to lululemon, or in other communications to lululemon. In addition, lululemon may collect additional information from users of our Services, such as our mobile applications as described in the “Mobile Applications” section below. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to lululemon.
If you have provided permission through your device to allow us to collect location information, lululemon may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for lululemon to acquire pinpointed location information from your device through your device settings, although lululemon does not control this process. The mobile application may use the geo-location features of that application (GPS or network-based) to support your use of location-based tools such as locating classes, teachers and studios near you.
You will have the option to opt-out partially or completely from any of our mobile applications or withdraw any permission granted to lululemon, and in any such case, lululemon will destroy and permanently de-identify personal information it holds and has collected from your use of such mobile applications.
Like many websites, lululemon utilizes “cookies” to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided lululemon with personal information.
Cookies help lululemon to improve the Sites and Services, and to deliver more personalized service by enabling lululemon to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting lululemon’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites or the Services.
Third Party Analytics and Tracking
lululemon collects transactional information and browse behavior on our website. lululemon may use such information to offer you recommendations for products and services that are relevant to your interests. lululemon uses the services of trusted third parties to offer you meaningful recommendations during the online experience. lululemon shares IP address, unique ID number, and shop and browse behavior with the third party service provider on an aggregate basis but does not share personal information for these purposes.
Protection of Your Information
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, lululemon uses physical, technological and administrative procedures to protect the personal information that lululemon collects from loss, unauthorized access, modification, disclosure or other misuse.
Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by lululemon, please contact: firstname.lastname@example.org.
Use of Your Personal information
Upon lululemon’s collection of your personal information, lululemon may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:
To develop, enhance, market, sell or otherwise provide information, products or services;
To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with lululemon including at the Stores, on or through the Sites or through the GEC or through the Services;
To conduct or administer contests, sweepstakes or other promotions in which you have participated;
To contact you and to respond to any communications that you may have had with us;
To troubleshoot problems with the Sites and Services;
To customize your experience or homepage on the Sites;
To develop and manage lululemon's business and operations;
To detect and protect lululemon and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with lululemon’s policies and contractual obligations;
To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving lululemon;
As permitted by, and to comply with, any legal or regulatory requirements or provisions;
For any other purpose to which you consent.
Personal information collected by lululemon may be transferred to, stored and processed in the United States, Canada, Hong Kong or Australia. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
Disclosure of Your Information
lululemon may disclose your personal information to its subsidiaries or affiliates and to third parties whom lululemon hires to provide services on lululemon’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about lululemon’s products and services. These subsidiaries, affiliates and third parties may be located overseas and your information may be transferred outside of Australia. lululemon will only provide those third parties with the personal information that they need to deliver the services to lululemon and/or on lululemon’s behalf. Lululemon will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that lululemon is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving lululemon, you consent to your personal information and any other information lululemon may have collected being transferred to another party in connection with such transaction. You also consent to lululemon disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of lululemon’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.
Retention of Your Personal information
The personal information that you provide will be retained by lululemon in accordance with applicable laws. However, lululemon will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for lululemon business purposes.
lululemon does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from lululemon (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by lululemon. If, at any time, you prefer not to receive any other form of communication from lululemon, you will have the ability to unsubscribe from such communications by contacting us by email.
Choice and Opt-Out Preferences
Access and Correction
lululemon will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, lululemon will inform you of the existence, use and disclosure of your personal information and give you access to that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that lululemon holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, lululemon will take reasonable steps to correct the information so that it is accurate, complete and up to date.
Request for Access and Correction, Questions or Comments
Attention: Privacy Officer
1818 Cornwall Avenue
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