Terms & Conditions

Please review the following terms and conditions ("Terms of Use") that govern your use of any or all of Dunham's Athleisure Corporation ("Dunham's" or "We" or "Our") assets, virtual assets (including but not limited to websites, social media, applications, etc.,), stores, and programs (including but not limited to text alert marketing notification, email marketing notification, rewards programs, etc. hereinafter referred to as Dunham's "Programs") offered on, at or through Dunham's assets, virtual assets, and/or stores ("Site" or "Sites").

Site Contents

Unless otherwise noted, the design of the Sites, the Sites as a whole and all materials that are part of the Sites (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Dunham's or its subsidiaries and affiliates. Any use of the Contents without Dunham's express written consent is strictly prohibited.

The Contents are intended solely for your personal, noncommercial use. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law and may result in severe civil and criminal penalties.

Dunham's Text Alerts Program

Dunham's offers text alerts through which we send periodic messages, including marketing offers. You will only receive these messages if you have opted into the Dunham's text alerts program. By signing up for and participating in the Dunham's text alerts program, you agree to receive periodic messages, including marketing messages, at the mobile number that you provided to Us at the time of opt-in. You represent and warrant that you are eighteen (18) years of age or older, you are the authorized user of the mobile phone and mobile number you provided, and have authority to opt into Dunham's text alert program and receive periodic messages. Dunham's reserves the right to change our terms, or message frequency, at any time. You are not required to opt into receiving Dunham's text alerts as a condition of making a purchase. Texting “STOP” is the exclusive means for opting out of the text alert program. You agree that you will opt out of the text alert program prior to, or notify Dunham's immediately upon, either changing your mobile phone number or deactivating it. Although the Dunham's text alerts program is free, message and data rates may apply. No purchase necessary. You should check with your wireless carrier if you have questions about your plan and its coverage. The mobile carriers are not liable for delayed or undelivered messages. Dunham's is not liable for TCPA violations caused by a carrier network failure or malfunction. For customer support, please visit https://www.dunhamssports.com/contactus. Privacy Policy can be found at https://www.dunhamssports.com/privacy-policy.html. Dunham's text alert program is not available for California or New York residents.

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Sites, Our products and Our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Dunham's using any Site or otherwise (collectively, "Comments") are not confidential and will become and remain Dunham's property. The disclosure, submission or offer of any Comments will constitute an assignment to Dunham's of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

Third Party Links

From time to time, a Site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by Dunham's. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by Dunham's. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site, any content, materials or other information located or accessible from such sites, or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.

IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM OUR SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITES, ALL CONTENTS, ALL PRODUCTS AND ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. DUNHAM'S DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DUNHAM'S DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT A SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS OR DEFECTS. ALTHOUGH DUNHAM'S ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITES. YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER DUNHAM'S NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, OR ANY INFORMATION OR MATERIALS PROVIDED ON OR IN THE SITES. DUNHAM'S IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH A SITE OR ANY MATERIALS ON OR IN A SITE, OR WITH ANY OF DUNHAM'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DUNHAM'S, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON, AT, THROUGH OR IN RELIANCE ON A SITE, SUBJECT TO THE TERMS OF USE CONTAINED HEREIN, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS' FEES OR DAMAGES WHERE MANDATED BY STATUTE. EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Disputes, Time To Bring Claim, Waiver of Jury Trial, Arbitration, Choice of Law, and Jurisdiction

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ("AAA") RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DUNHAM'S WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Time Within Which to Address Any Concern, Cause of Action Or Claim

Any cause of action or claim you may have arising out of or relating to these Terms of Use, Dunham's Programs and/or the Sites must be commenced within one (1) year after the cause of action arose, otherwise such cause of action or claim is permanently barred.

Waiver of Jury Trial

DUNHAM'S AND YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, DUNHAM'S PROGRAMS AND/OR THE SITES, WHETHER BASED ON CONTRACT, TORT, FEDERAL, STATE, OR MUNICIPAL STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. DUNHAM'S AND YOU UNDERSTAND THAT THEY ARE EACH GIVNG UP THE RIGHT TO PURSUE CLAIMS AGAINST THE OTHER IN COURT AND TO HAVE THOSE CLAIMS DECIDED BY A JURY.

Binding Arbitration and Waiver of Class Action

By using any of the Sites you unconditionally agree that all claims relating to your access or use of Dunham's Programs and/or Our Sites, including all disputes arising out of, or related to, any products or services purchased from Dunham's at, through or in reliance on any Site, whether based on contract, tort, federal, state, or municipal statute, fraud, misrepresentation, or any other legal theory, will be resolved entirely through binding individual arbitration, rather than in court. Dunham's and you each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, Dunham's and you each waive any right to a jury trial or to participate in a class action against the other. Dunham's and you also both agree that each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Notwithstanding anything to the contrary in the AAA Rules, and the general grant of authority to the arbitrator of the power to determine issues of arbitrability, the arbitrator shall have no jurisdiction or authority to compel any class or collective claim, consolidate different arbitration proceedings, or join any other party to an arbitration between Dunham's and you. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration laws apply.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Dunham's Athleisure Corporation, 5607 New King Drive, Troy, Michigan 48098, Attention: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA Rules are inconsistent with these Terms of Use, these Terms of Use shall govern. The Arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the enforceability of these Terms of Use and arbitrability of disputes. Both Dunham's and you recognize that they are waiving their right to adjudicate any claims in court. Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney's fees. Likewise, Dunham's will not seek attorneys' fees and costs in arbitration, unless the claims are frivolous. If We are the claiming party initiating an arbitration against you, We will pay all costs associated with the arbitration (other than your attorneys' fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

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. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing.

30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth by sending written notice of your decision to opt-out to the following address via certified mail: Dunham's Athleisure Corporation, 5607 New King Drive, Troy, Michigan 48098, Attention: Legal Department. The notice must be sent within thirty (30) days of your first use of a Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Dunham's also will not be bound by them.

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on or at a Site) using or related to a Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Michigan, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to these Terms of Use and/or access to or use of the Sites, including all disputes, (whether in contract, tort, or statute) will be governed by the laws of the State of Michigan, USA. Notwithstanding the foregoing, any disputes related to or arising under or out of the Telephone Consumer Protection Act, 47 U.S.C. §227 et. seq., shall be governed by federal law as interpreted by the federal district courts in the State of Pennsylvania and the United States Court of Appeals for the Third Circuit.

Severability

In the event that any provision of these Terms of Use is determined to be invalid or unenforceable for any reason, such provision shall be deemed modified, if possible, to the extent required to render it valid, enforceable and binding, and such determination shall not affect the validity or enforceability of any other provision of these Terms of Use.

Binding Agreement

These Terms of Use shall be binding upon both parties and their respective parent, subsidiary, affiliated or related companies, or their past or present officers, directors, members, managers, shareholders, agents, employees, successors, estate or assigns.

Non-Waiver

Failure by either party at any time to enforce any of the terms hereof or a breach by the other party shall not constitute a waiver of any of the provisions hereof or of subsequent breaches.

Entire Agreement/Merger and Integration

These Terms of Use and Our Privacy Policy, constitute the entire and final expression of the agreement between the parties pertaining to the use of the Sites and related subject matter hereof, and supersedes all prior related communications or agreements, whether oral, written, or electronically transmitted, between the parties.

Modifications

Dunham's reserves the right to make changes to our Sites, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law.

Headings

The subject headings of the sections of these Terms of Use are included for convenience only, and shall not affect the construction or interpretation of its provisions.