Terms of Use

Terms and Conditions

Dockers, through its operating entities, Centric Denim USA LLC
operates this website us.dockers.com. Dockers is hereinafter referred
to as "we" or "us".

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE
CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS, INCLUDING THE MANDATORY
ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT
USE OR ACCESS THIS WEBSITE. THESE TERMS OF USE
REPRESENT A BINDING AGREEMENT.

* Returned merchandise from a qualifying order: Applicable returns
will be subtracted from the qualifying submitted sales and any E-Gift
Card earned may be forfeited or the value reduced. There are currently
no Dockers physical store locations. If you have purchased a Dockers branded item from a participating third-party retailer, all such
purchases will be subject to the terms and conditions of that third-party
retailer’s policies, including but not limited to any return or exchange
policies. Dockers will not accept any returns or exchanges of Dockersbranded items purchased from third-party retailers. Sale and worn
items are non-refundable.

* Products, Content and Specifications: All features, content,
specifications, products and prices of products and services described
or depicted on this Website are subject to change at any time without
notice. Certain weights, measures and similar descriptions are
approximate and are provided for convenience purposes only. We
make all reasonable efforts to accurately display the attributes of our
products, including the applicable colors; however, the actual color you
see will depend on your computer system and we cannot guarantee
that your computer will accurately display such colors. The inclusion
of any products or services in this Website at a particular time does
not imply or warrant that these products or services will be available
at any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any item
purchased from this Website. By placing an order, you represent that
the products ordered will be used only in a lawful manner.

* Shipping Limitations: When an order is placed, it will be shipping
to an address designated by the purchaser as long as that shipping
address is compliant with the shipping restrictions contained on this
Website. All purchases from this Website are made pursuant to a
shipment contract. As a result, risk of loss and title for items purchased
from this Website pass to you upon delivery of the items to the carrier.
You are responsible for filing any claims with carriers for damaged
and/or lost shipments.

* Accuracy of Information: We attempt to ensure that information on
this Website is complete, accurate and current. Despite our efforts, the
information on this Website may occasionally be inaccurate,
incomplete or out of date. We make no warranty or representation as
to the completeness, accuracy or currentness of any information on
this Website. For example, products included on the Website may be
unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on the Website. In
addition, we may make changes in information about price and
availability without notice. While it is our practice to confirm orders by
email, the receipt of an email order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a
product or service. We reserve the right, without prior notice, to limit
the order quantity on any product or service and/or to refuse service
to any customer. We also may require verification of information prior
to the acceptance and/or shipment of any order.

* Use of this Website: The Website design and all text, graphics,
information, content, and other material displayed on or that can be
downloaded from this Website are either the property of, or used with
permission by, Dockers is protected by copyright, trademark and other
laws and may not be used except as permitted in these Terms and
Conditions or with the prior written permission of the owner of such
material. You may not modify the information or materials located on
this Website in any way or reproduce or publicly display, perform, or
distribute or otherwise use any such materials for any public or
commercial purpose. Any unauthorized use of any such information or
materials may violate copyright laws, trademark laws, laws of privacy
and publicity, and other laws and regulations. You are responsible for
maintaining the confidentiality of your account information and
password and for restricting access to such information and to your
computer. You agree to accept responsibility for all activities that occur
under your account or password.

* Trademarks: Certain trademarks, trade names, service marks and
logos used or displayed on this Website are registered and
unregistered trademarks, trade names and service marks of us and our
affiliates. Other trademarks, trade names and service marks used or
displayed on this Website are the registered and unregistered
trademarks, trade names and service marks of their respective owners.
Nothing contained on this Website grants or should be construed as
granting, by implication, estoppel, or otherwise, any license or right to
use any trademarks, trade names, service marks or logos displayed on
this Website without our written permission or the written permission
of such third party owner.

* Linking to this Website: Creating or maintaining any link from
another Website to any page on this Website without our prior written
permission is prohibited. Running or displaying this Website or any
material displayed on this Website in frames or through similar means
on another Website without our prior written permission is prohibited.
Any permitted links to this Website must comply will all applicable laws,
rule and regulations.

* Third Party Links: From time to time, this Website may contain links
to Websites that are not owned, operated or controlled by us or our
affiliates. All such links are provided solely as a convenience to you. If
you use these links, you will leave this Website. Neither we nor any of
our affiliates are responsible for any content, materials or other
information located on or accessible from any other Website. Neither
we nor any of our affiliates endorse, guarantee, or make any
representations or warranties regarding any other Website, or any
content, materials or other information located or accessible from such
Websites, or the results that you may obtain from using such Websites.
If you decide to access any other Website linked to or from this
Website, you do so entirely at your own risk.

* Privacy Policy: Company’s privacy policy found here https://us.dockers.com/policies/privacy-policy is
expressly incorporated into these Terms by this reference. Information
regarding cookies, tracking technologies, disclosure to advertisers and
other third parties of your personal information, and other privacy
disclosures may be located in the Privacy Policy.

* Prohibited Uses/Inappropriate Material: User is granted only a
limited, revocable, non-exclusive, non-transferable license for
personal access and use of the Site. User is not permitted to make any
commercial use of the Site. You are prohibited from posting or
transmitting any unlawful, threatening, defamatory, libelous, obscene,
pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense or
give rise to civil liability, or otherwise violate any law. In addition to any
remedies that we may have at law or in equity, if we reasonably
determine that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we reasonably deem necessary
to cure or prevent the violation, including without limitation, the
immediate removal from this Website of the related materials. We will
fully cooperate with any law enforcement authorities or court order or
subpoena requesting or directing us to disclose the identity of anyone
posting such materials.

Participation Disclaimer/Social Media and Other Postings:
Company does not and cannot review all communications and
materials posted to or created by users accessing the Site, and is not
in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the abilit y
to view and distribute user-generated content on the Site, Company is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the Site. However, Company reserves the right to block or
remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Company in its sole discretion.
We do not claim ownership of User generated content. User generated
materials, such as communications, posts, comments, feedback,
suggestions, ideas, audio, video, photographs, data or other content
that you submit on or through the Site (collectively “User Content”)
shall be deemed non-confidential and non-proprietary. By submitting
User Content, you grant to Company a perpetual, irrevocable, royaltyfree, worldwide, sublicensable and transferable license to copy,
publish, translate, modify, create derivative works from, distribute,
reproduce, sell, display, transmit, publish, host, and otherwise use
User Content, as well as your name, persona and likeness (and the
likeness of any other person appearing therein) for any commercial or
noncommercial purpose, including but not limited to for any marketing
purposes without further notice to you. Company retains the right, in
its sole discretion and without prior notice, to remove, revise or refuse
to post any User Content for any reason or no reason.
By submitting or posting User Content on the Site, you represent and
warrant that: (i) you have all rights in and to the User Content, and the
right to grant all of the rights and licenses provided for herein; (ii) you
are 18 years of age or older; and (v) the User Content does not contain
any unlawful, stolen or defamatory content and does not violate any
individuals’ privacy rights. You are solely and exclusively responsible
for the User Content and you hereby agree to indemnify and hold
Company and its owners, employees, agents, affiliates, suppliers,
licensors, contractors, service providers, assigns and successors
harmless from any and all damages, claims, expenses, costs or fees
arising from or in connection with your posting of User Content.

* Virtual Gift Cards: Virtual gift cards can only be redeemed via
purchases made on this website through us.dockers.com, and are not
redeemable for cash. Virtual gift cards cannot be redeemed via
purchases made on the International Shipping site. Please email
customer service for more information service@Dockers.com. Any
unused balance will be placed in the recipient's virtual gift card account
and is not transferable. If your order exceeds the amount of your virtual
gift card, you must pay for the balance with a credit card. We are not
responsible for lost or stolen virtual gift cards. We make no warranties,
express or implied, with respect to virtual gift cards, including without
limitation, any express or implied warranty of merchantability or fitness
for a particular purpose. In the event a virtual gift card code is nonfunctional, your sole remedy, and our sole liability, shall be the
replacement of such virtual gift card. Certain state 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, and you
might have additional rights.

* Text/SMS Terms: These terms and conditions apply to SMS and text
messages sent by Centric Brands.

You may have the opportunity to receive transactional and promotional
messages from us via SMS text with your consent. We will only send SMS
text messages to you with your consent.

These messages can be recurring or one-time SMS text messages. We may
modify or cancel the SMS text service or any of its features without notice.

We may disclose your SMS or text message opt-in or consent data to our
service providers that help us provide our messaging services, including but
not limited to platform providers, phone companies, and any other vendors
who assist us in the delivery of text messages.

By consenting, you agree that Centric Brands and its affiliates, and third
parties acting on their behalf, may send you e-mail, phone, auto-dialed and
automated telephone dialing system calls, pre-recorded or artificial voice
messages, or SMS text messages for marketing purposes (e.g., special
offers, promotions, and future product announcements). Message and Data
Rates May Apply. Frequency may vary. Your consent to receive marketing
texts and communications is not required for a service or purchase.

If you consent, Centric Brands may use an automatic dialing system to
deliver SMS text messages to you.

You can revoke your consent to receive marketing text messages from us at
any time by reply “STOP” to any marketing text message you receive. You
may also contact us to opt out of SMS text messages or auto-dialed calls
using the contact information below. After you send the message “STOP” to
us, you will receive a message to confirm that you have been unsubscribed.
If you have subscribed to more than one SMS text messaging program and
wish to cancel, except where applicable law requires otherwise, you will need
to opt out separately from each program.

Please note that sending STOP via text message will only end marketing text
messages. If you have a relationship with us or a sales associate or personal
shopper and you no longer want to receive messages, you must expressly
request that person stop sending you messages. If you have revoked your
consent to receiving marketing SMS text messages, but have not opted out
of targeting cookies in your settings in your browser, managing your cookie
preferences in our cookie preference center or otherwise visiting the Do Not
Sell or Share My Personal Information, revoking your consent to receiving
marketing text messages will not stop you from seeing ads on third party
websites based upon your browsing history on the Site.

To the extent permitted by applicable law, Centric Brands will not be liable
for any delays in the receipt of any SMS text messages or any misdirected
messages.

Please note that we request a phone number when you place an order with
our Site. If you choose to include your mobile number, such inclusion
constitutes consent to allow us to send you non-marketing or transactional
messages about your order or account, but we will not send you marketing
communications unless you have expressly provided the appropriate consent
for us to do so.

You may contact us with any questions or to opt out
at: DOCKERSHELP@CENTRICBRANDS.COM

* User Information: Other than personal information, which is subject
to this Website's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions,
comments or other communication you transmit or post to this Website
in any manner ("User Communications") is and will be considered nonconfidential and non-proprietary. We, each of our affiliates and/or our
designees and third parties may use any or all User Communications
for any purpose whatsoever, including, without limitation, reproduction,
transmission, disclosure, publication, broadcast, development,
manufacturing and/or marketing in any manner whatsoever for any or
all commercial or non-commercial purposes. We may, but are not
obligated to, monitor or review any User Communications. We shall
have no obligation to use, return, review, or respond to any User
Communications. We will have no liability related to the content of any
such User Communications, whether or not arising under the laws of
copyright, libel, privacy, obscenity, or otherwise. We retain the right to
remove any or all User Communications that includes any material we
deem inappropriate or unacceptable.

* Copyright Complaints/DMCA: Company does not knowingly violate
or permit others to violate the copyrights of others. We will promptly
investigate any claim of infringement, and remove or disable access to
material that we know is infringing or if we become aware of
circumstances from which infringing activity is apparent. If you believe
that your work has been reproduced or used in a way that constitutes
copyright infringement, please provide Company with the following
information under the Online Copyright Infringement Liability Limitation
Act of the DMCA, 17 U.S.C. §512 (“DMCA”): (i) identification of the
copyrighted work that you believe to be infringed; (ii) identification of
the material that you believe to be infringing and its location. Please
describe the material and provide us with its URL or any other pertinent
information that will allow us to locate the material; (iii) your name,
address, telephone number and (if available) e-mail address; (iv) a
statement that you have a good faith belief that the complained of use
of the materials is not authorized by the copyright owner, its agent, or
the law; (v) a statement that the information that you have supplied is
accurate, and indicating that “under penalty of perjury,” you are the
copyright owner or are authorized to act on the copyright owner’s
behalf; and (vi) a signature or the electronic equivalent from the
copyright holder or authorized representative. Notices of claimed
copyright infringement should be delivered via email to
DOCKERSHELP@CENTRICBRANDS.COM or by mail addressed to
350 5th Ave 6th Floor, New York, NY 10118. In
accordance with the DMCA, it is our policy to terminate use of our Site
by repeat infringers in appropriate circumstances following an
investigation.

* DISCLAIMERS: YOUR USE OF THIS WEBSITE IS AT YOUR RISK.
THE MATERIALS AND SERVICES PROVIDED IN CONNECTION
WITH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR
AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF
THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE.
THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE
MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR
AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO
UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND
SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE
SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS,
IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES
LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR,
PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

* LIMITATIONS OF LIABILITY: We assume no responsibility, and
shall not be liable for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property caused by
or arising from your access to, use of, or browsing this Website or your
downloading of any materials, from this Website.

IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS,
MANAGERS, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES,
AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY
PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY
WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH
WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT
OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH
THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE
REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF
ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU
HAVE PURCHASED ON OR THROUGH THIS WEBSITE, 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 SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS,
MEMBERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS,
SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS AND ASSIGNS
FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND
COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES,
RESULTING FROM ANY VIOLATION OF THESE TERMS AND
CONDITIONS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT
(INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR
ANY OTHER PERSON ACCESSING THE SITE USING YOUR
INTERNET ACCOUNT.

* Revisions to these Terms and Conditions: We may revise these
Terms and Conditions at any time and from time to time by updating
this posting. You should visit this page from time to time to review the
then current Terms and Conditions because they are binding on you.
Certain provisions of these Terms and Conditions may be superseded
by expressly designated legal notices or terms located on particular
pages at this Website.

* Choice of Law: These Terms and Conditions will be governed by and
construed in accordance with the laws of the State of New York,
without giving effect to any principles of conflicts of laws. A printed
version of these Terms and Conditions shall be admissible in any
dispute resolution proceeding based upon or relating to these Terms
and Conditions to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.

* Dispute Resolution and Binding Arbitration.
(a) PLEASE READ THIS SECTION CAREFULLY. IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING
BUT NOT LIMITED TO YOUR RIGHT TO FILE A LAWSUIT IN
COURT.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND
DOCKERS ARE AGREEING TO GIVE UP ANY RIGHTS TO
LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE
ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY
CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT,
TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE
AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY, ITS
MEMBERS, MANAGERS, AGENTS, EMPLOYEES, SUCCESSORS,
ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY
THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO
YOU IN CONNECTION WITH YOUR PURCHASE (COLLECTIVELY
“DOCKERS”) ARISING FROM OR RELATING IN ANY WAY TO
YOUR PURCHASE OF PRODUCT (AS DEFINED IN THE TERMS OF
SALE), YOUR USE OF THE SITE OR SERVICES, THESE TERMS,
ITS INTERPRETATION OR THE BREACH, TERMINATION OR
VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM
THESE TERMS (INCLUDING RELATIONSHIPS WITH THIRD
PARTIES WHO ARE NOT SIGNATORIES TO THESE TERMS),
DOCKERS’S ADVERTISING, PRIVACY OR CYBERSECURITY
PRACTICES, POLICIES OR ANY RELATED PURCHASE
(COLLECTIVELY, “DISPUTE”) SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
DISPUTES SHALL NOT INCLUDE DISPUTES, CLAIMS, OR
CONTROVERSIES CONCERNING PATENTS, TRADEMARKS,
COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL
PROPERTY RIGHTS.

(c) Other than issues related to the Class Action Waiver (as defined
below), the arbitrator shall have exclusive authority to resolve any
dispute relating to arbitrability and/or enforceability of this arbitration
provision including but not limited to any unconscionability challenge
or any other challenge that the arbitration provision or these Terms is
void, voidable or otherwise invalid. The arbitrator will have the
authority to grant any remedy or relief that would otherwise be
available in court. The arbitration shall be administered by the
American Arbitration Association (AAA) pursuant to the AAA
Consumer Arbitration Rules and, to the extent applicable, AAA Mass
Arbitration Supplementary Rules, as amended from time to time.
Arbitration proceedings shall be governed by this provision and the
applicable AAA procedures for consumer-related disputes, in effect at
the time the claim is filed. The award rendered by the arbitrator may
be confirmed and enforced in any court having jurisdiction thereof.
Consumer claimants (individuals whose transaction is intended for
personal, family or household use) may elect to pursue their claims in
small-claims court rather than arbitration. The small-claims court
proceeding will be limited solely to the consumer claimant’s individual
dispute or controversy. YOU AGREE TO ARBITRATION ON AN
INDIVIDUAL BASIS AND TO ADDITIONAL PROCEDURES TO
GOVERN TWENTY-FIVE (25) OR MORE SIMILAR OR
COORDINATED CLAIMS AS SET FORTH BELOW.

(d) Mandatory Pre-Arbitration Procedure. Before initiating any arbitration,
you and Dockers must give the other party notice of the Dispute by
providing written “Notice of Dispute” that is personally signed by you
(if you are initiating the Dispute) or a representative of Dockers (if
Dockers is initiating the Dispute). The Notice of Dispute must contain
the following information (a) name and contact information (mailing
address, email address, and telephone number); (b) detailed factual
description of the nature of the Dispute; and (c) the resolution and
relief sought. You must email your Notice of Dispute to DOCKERSHELP@CENTRICBRANDS.COM or write to us at 350 5th Ave 6th Floor, New York, NY 10118 USA. We will send any Notice of Dispute to the most recent email
address we have on file for you. You and Dockers will agree to attempt
to resolve the Dispute through informal, good faith negotiations during
the 60-day period after the date that a Notice of Dispute is received
(or such shorter or longer period as is mutually agreed to by the
parties). Either party may request a personal telephone or video
conference as part of the informal negotiations. Should Dockers
request a telephone or video conference, you (and your counsel if you
are represented) agree to attend this conference. Should you request
a telephone conference, Dockers (and its counsel if Dockers is
represented) agrees to attend this conference. Compliance with this
Pre-Arbitration Procedure is a condition precedent to initiating an
arbitration with the AAA. Neither party may initiate an arbitration
unless this Pre-Dispute Procedure is complied with. If the sufficiency
of either party’s compliance with the Mandatory Pre-Dispute
Procedure is at issue, either party may seek court intervention, and
any arbitration proceeding shall be stayed, until the court rules on
compliance with this Mandatory Pre-Dispute Procedure. Such court
shall have the power to enjoin an arbitration proceeding or order other
injunctive relief, which includes but is not limited to enjoining the filing
of a demand for arbitration and/or payment of arbitration costs and
fees. Notwithstanding the foregoing, in the event that neither party
seeks court intervention, either party may elect to raise the failure to
comply with the Mandatory Pre-Arbitration Procedure before the
arbitrator and seek relief in arbitration. The parties agree that any
applicable statutory limitations period and any arbitration filing fee
deadlines shall be tolled while you and Dockers participate in the
Mandatory Pre-Arbitration Procedure in any effort to informally resolve
the Dispute.

(e) To initiate an arbitration, the party seeking arbitration must write a
demand for arbitration as specified in the AAA Rules. For any
arbitration you initiate, you will pay the individual consumer filing fee
under the AAA Consumer Rules and, to the extent applicable, AAA
Mass Arbitration Supplementary Rules, and Dockers will pay the
remaining AAA fees and costs. For any arbitration initiated by
Dockers, Dockers will pay all AAA fees and costs.

(f) CLASS ACTION WAIVER. IN ANY DISPUTE, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NEITHER YOU NOR DOCKERS
SHALL BE ENTITLED TO ARBITRATE OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS OR COLLECTIVE
REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY AND AN ARBITRATOR WILL
NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY
SUCH CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE
ACTION. Notwithstanding any other clause contained in this
Arbitration Agreement or the AAA Consumer Rules, as defined above
and incorporated herein by reference, any claim that all or part of this
Class Action Waiver is unenforceable, unconscionable, void or
voidable may be determined only by a court of competent jurisdiction
and not by an arbitrator. In any case in which (i) the dispute is filed as
a class, collective, or other representative action; and (ii) there is a
final judicial determination that all or part of the Class Action Waiver is
unenforceable, the class, collective, or other representative action to
that extent must be litigated in a civil court of competent jurisdiction,
but the portion of the Class Action Waiver that is enforceable shall be
enforced in arbitration.

(g)The AAA Mass Arbitration Supplementary Rules as amended from
time to time shall apply when twenty-five (25) or more similar claims
are asserted against Dockers where representation of the parties is
consistent or coordinated across the cases (and your claim is one of
them).

(h)If any provision of this arbitration agreement is found unenforceable,
the unenforceable provision shall be severed and the remaining
arbitration terms shall be enforced (but in no case shall there be class
arbitration). The arbitrator shall be empowered to grant whatever relief
would be available in court under law or in equity. This parties
acknowledge that the Agreement involves interstate commerce and
agree that all issues relating to arbitration or enforceability of this
Arbitration Agreement shall be governed by the Federal Arbitration Act
9 U.S.C. sec. 1 et seq. Any award of the arbitrator(s) shall be final and
binding on each of the parties, and may be entered as a judgment in
any court of competent jurisdiction. If you or Dockers prevail on any
claim that affords the prevailing party statutory attorneys’ fees, the
arbitrator may award reasonable fees to you or Dockers under the
standards for fee shifting provided by law. Information on AAA and its
applicable rules are available at the following numbers and URL:
American Arbitration Association: (800) 778-7879, www.adr.org.

(i) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER
THAN IN ARBITRATION EACH OF YOU AND DOCKERS WAIVE
ANY RIGHT TO A JURY TRIAL.

(j) Each of you and Dockers both agree that either party may bring suit in
court to enjoin infringement or misuse of intellectual property rights.

(k)Right to Opt Out of Arbitration. You can decline this agreement to
arbitrate by emailing DOCKERSHELP@CENTRICBRANDS.COM or write to us at
350 5th Ave 6th Floor, New York, NY 10118 USA and providing your name,
address, and telephone number, date of first access to the Site, date
of purchase of product or service, IP address (if known) and a
statement that you wish to opt out of this arbitration agreement. The
opt out notice must be emailed or mailed no later than 30 days after
you first accept this agreement to arbitrate by using this Site. YOU
HAVE THE RIGHT TO CONSULT WITH YOUR ATTORNEY
CONCERNING THIS ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER. If you send the opt-out notice, and/or in any
circumstances where the foregoing arbitration agreement permits
either you or Dockers to litigate any dispute in court, then the foregoing
arbitration agreement will not apply to either party, and both you and
Dockers agree that any judicial proceeding (other than small claims
actions) will be brought in the state or federal courts located in New
York County, New York State, or the federal district in which that
county falls.

(l) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF
ACTION OR CLAIM YOU OR DOCKERS MAY HAVE WITH
RESPECT TO THE TERMS, PRODUCTS, SERVICES OR SITE
(INCLUDING BUT NOT LIMITED TO THE PURCHASE OF
DOCKERS PRODUCTS) MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

(m) This arbitration agreement will survive the termination of your
relationship with Dockers.

* Termination: You or we may suspend or terminate your account or
your use of this Website at any time, for any reason or for no reason.
You are personally liable for any orders that you place or charges that
you incur prior to termination. We reserve the right to change, suspend,
or discontinue all or any aspect of this Website at any time without
notice.

* Additional Assistance: If you do not understand any of the
foregoing Terms and Conditions or if you have any questions or
comments, we invite you to email us at service@Dockers.com.

Last Updated: July 27, 2026