TERMS & CONDITIONS
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. You are not required to opt into receiving Dunham's text alerts as a condition of making a purchase. Although the Dunham's text alerts program is free, message and data rates may apply. You should check with your wireless carrier if you have questions about your plan and its coverage. Dunham's is not liable for TCPA violations caused by a carrier network failure or malfunction.
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
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
WAIVER OF JURY TRIAL
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.
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.
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