This website or mobile application (“Site”) is owned and operated by Lands’ End‚ Inc. or an affiliated entity. The goal of this Privacy Policy is to inform you about the information we gather about you‚ how we use and share that information‚ and how we safeguard that information. This Privacy Policy applies to information collected via this Site‚ our retail locations‚ and our catalog business.
Your use of this Site‚ and any disputes arising from it‚ are subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions‚ including arbitration‚ class action waiver‚ limitation on damages‚ and choice of law.
Information You Provide to Us
We collect personal information from you when you interact with us via this Site‚ our retail locations‚ and/or our catalog business. Personal information is information that identifies you or is reasonably linked to you. The personal information we may collect includes your name‚ email address‚ mailing address‚ shipping address‚ phone number‚ and payment card information. When you ask us to ship an order‚ we collect the information you provide to us‚ such as the name‚ billing address‚ shipping address‚ and phone number of recipients. Here are some examples of ways in which you may choose to interact with us:
Information from Other Sources
We also may collect information about you from third party sources. The information we collect from third party sources may include things like demographic information and purchase preference information. The third party sources may include public databases‚ social media platforms‚ data append services‚ data sharing cooperatives‚ and others.
Automated Information Collection
We receive and store certain types of technological information when you interact with our Site‚ our emails‚ and our online advertisements. This information is intended to help our Site work properly‚ to help us evaluate use of our Site‚ and to support our website analytics and marketing campaigns. Here are some examples of such information:
Single Sign-On Services
We may also use single sign-on services that allow you to sign into this Site using your third-party social networking login credentials for accounts such as Facebook‚ Google‚ or Yahoo. This allows you to link your existing social network profile to your Site account. Once connected‚ you will be able to post content on the third-party website from this Site and interact with your friends from the third-party site(s). Any information or content that you post to the third-party website will be subject to that website’s own privacy policy. We may also access and use available information from your third-party social network profile‚ such as your name‚ location‚ profile picture and information‚ gender‚ list of friends‚ friends’ profiles or postings‚ email address‚ wall postings and news feed.
Lands’ End uses your information to offer and provide our products and services and to support our core business functions. These include order or service fulfillment‚ internal business processes‚ marketing‚ authentication‚ loss and fraud prevention‚ public safety and legal functions. Here are some examples of the ways in which we use your information:
We may use your personal information to allow you to send messages to a friend through this Site. By using this functionality‚ you are telling us that you are entitled to use and provide us with your friend’s name and email address.
To accomplish these purposes‚ we may combine personal and non-personal information we collect with offline information‚ including information from third parties. We may transfer or disclose your information with our corporate affiliates for these purposes.
We disclose your personal information to third parties with your prior consent or under the following circumstances:
Sears Holdings Corporation
On April 4‚ 2014‚ Lands’ End‚ Inc. separated from Sears Holdings Corporation. Post-separation‚ Lands’ End and Sears Holdings operate as independent companies. Lands’ End continues to offer products for sale through Lands’ End Shops at Sears‚ located in certain Sears retail stores. Lands’ End also continues to participate in the Shop Your Way member loyalty program operated by Sears Holdings. As required by the separation agreements‚ Lands’ End shares with Sears Holdings the customer transaction information for customers who engage in transactions at Lands’ End Shops at Sears and for Shop Your Way members who engage in transactions via any Lands’ End catalog‚ website‚ or mobile application.
Service Providers
Lands’ End may share your personal information with service providers and other third parties who need access to your information to provide operational or other support services‚ such as payment processors‚ shipping agents‚ product fulfillment vendors‚ and companies that help us improve our product and service offers and our Site. We require our service providers to keep your information secure. In addition‚ unless otherwise disclosed to you‚ our service providers are not authorized to use or disclose your personal information for their own marketing purposes.
Legal Requirements‚ Safety‚ and Loss Prevention
Lands’ End may disclose your personal information in other special circumstances. For example‚ we may provide personal information about you to regulatory authorities and law enforcement officials in accordance with applicable law‚ when we otherwise believe in good faith that the law requires it‚ or to respond to requests from government authorities. There may be instances when we may use or disclose your personal information in order to protect or defend the legal rights‚ property or operations of Lands’ End or our employees or agents; to protect the rights‚ privacy‚ safety or security of users‚ members or others; to protect against fraud; and to allow us to pursue available remedies or limit the damages that we may sustain.
Marketing Purposes
From time to time‚ Lands’ End may share your personal information with carefully selected companies who may offer you products and services of interest. To opt out of this sharing‚ please contact us via one of the channels listed in the Contact Us section of this Privacy Policy.
Business Transfers
Lands’ End may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Lands’ End or as part of a corporate reorganization or stock sale or other change in corporate control.
If you would like to opt out of Lands’ End promotional emails‚ please follow the unsubscribe link at the bottom of each such email.
If you would like to opt out of receiving Lands’ End catalogs‚ please contact us via one of the channels listed in the Contact Us section of this Privacy Policy.
If you contact us by email or mail‚ please be sure to include your full name‚ the types of communications you would like to receive or not receive‚ and your contact information. For example‚ if you would like to opt-out of receiving catalogs‚ make sure to include your mailing address in your communication to us.
Please allow a reasonable time for your preferences to be processed. It may take up to 10 days to process your requests related to email and 2-4 weeks to process other requests.
Please be aware that‚ even if you opt out of receiving marketing communications from us‚ we may still contact you for transactional purposes such as customer service‚ product information‚ service notices‚ or recalls. We may also contact you with questions or information regarding your order‚ such as regarding order status‚ shipment‚ or refunds.
Lands’ End works with third party service providers who help serve ads on our behalf on various online advertising networks. The online ad networks may use your browsing history across participating websites to show you interest-based advertisements on those websites. You may see ads for Lands’ End on participating websites based on how you browse our Site as well as how you browse those websites.
To learn more about interest-based advertising‚ including how to opt out‚ click here. Please note that the opt-out mechanism relies on cookies to remember your choices with respect to ad-serving on websites. We may also use technologies‚ such as our own cookies‚ to provide you with personalized online display advertising tailored to your interests. To opt out of our cookies used for this online advertising‚ click here. If you delete your cookies‚ use another computer or device‚ or change browsers‚ you will need to repeat the opt-out process. Other websites you visit may offer their own opt-outs. If you do opt-out of interest-based advertisements‚ you may still see advertisements on websites you visit‚ but those ads will not be based on your browsing behavior.
Most web browsers allow you to exercise control over cookie files on your computer by erasing them‚ blocking them‚ or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function. You can choose to browse our Site without accepting our Site’s cookies. These cookies allow us to recognize you from page to page‚ and they support your transactions with us. Without these cookies enabled‚ you may not be able to complete a purchase or take advantage of certain Site features.
This Site is a general audience website‚ and does not knowingly collect information online from children under 13 without prior parental consent. Please contact us via one of the channels listed in the Contact Us section of this Privacy Policy if you believe we have collected information from your child so that we can work to delete it.
If you are under 18 and have an account on our Site‚ you may ask us to remove content or information that you have posted to the Site. To request to remove posted content‚ please contact us via one of the channels listed in the Contact Us section of this Privacy Policy. Please note that your request does not ensure complete or comprehensive removal of the content because your content may‚ for example‚ have been reposted by another user.
Lands’ End maintains reasonable and appropriate physical‚ administrative‚ and technical controls to protect your personal information. For example‚ we use Secure Sockets Layer (SSL) technology‚ the industry standard in transferring information‚ to process orders. While we work very hard to protect your privacy‚ no method of security is guaranteed to be effective‚ and we cannot be responsible for the actions of those who may gain unauthorized access to your personal information. Lands’ End makes no warranties‚ express‚ implied or otherwise‚ as to the ultimate effectiveness of our reasonable and appropriate safeguards.
Lands’ End mobile applications may collect certain information automatically‚ such as the type of mobile device you use‚ the temporary or persistent unique device identifiers (UDIDs) placed by us or our service providers‚ the IP address of your mobile device‚ your mobile operating system‚ the type of mobile Internet browsers you use‚ and information about the way you use our mobile applications
Our mobile applications may also collect precise information about the location of your device if you first provide permission through your device before our mobile applications obtain such location information from technologies like GPS‚ Wi-Fi‚ or cell tower proximity (or a combination of these technologies). Lands’ End and our service providers may use and store this information‚ in combination with other location-based information such as IP address and billing or postal code provided by you at time of your mobile application registration‚ to provide enhanced location based services‚ such as store specific services‚ search results‚ and other content. To opt-out of the collection of location data‚ see below.
There are multiple options for users of our mobile applications to opt-out of the collection and use of your precise location information
Lands’ End may update this Privacy Policy from time to time. Please check this Privacy Policy periodically for changes. We will also notify you of material changes either by email or by a notice on this Site
Your personal information may be stored and processed in the United States or any other country in which Lands’ End or its service providers maintain facilities. By using this Site‚ you consent to the transfer of information to countries outside of your country of residence‚ including the United States‚ which may have different data protection rules than in your country. This Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state‚ country or territory other than that of the United States.
If you are a California resident and Lands’ End customer you have the right to request information from Lands’ End regarding the manner in which Lands’ End shares certain categories of your personal information with third parties for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to Lands’ End at its designated address and receive the following information:
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Lands’ End’s designated email address for such requests is websiteinquiry@landsend.com.
Request to Receive Catalogs: If you would like to receive our catalogs‚ please call 1-800-963-4816 websiteinquiry@landsend.com. We will need your name‚ address‚ and telephone number to mail catalogs to you.
Request to Stop Catalogs: If you would like to stop receiving our catalogs‚ please call 1-800-963-4816 or email websiteinquiry@landsend.com. It may take 2-4 weeks to process your request.
Request to Opt Out of Third Party Marketing: We may make portions of our catalog and e-mail lists available to carefully screened companies whose products or services might interest you. If you prefer to have your name withheld from these lists‚ please call us toll-free at1-800-963-4816 or send an email to websiteinquiry@landsend.com.
General Privacy Questions: If you have questions about this Privacy Policy‚ please use our Contact Us Form‚ call 1-800-963-4816 or send an email‚ including your name and mailing address‚ to websiteinquiry@landsend.com.
These Terms of Use (“Terms”) are effective as of June 24‚ 2015.
Please read and understand. These Terms set forth important details about your relationship with Lands’ End‚ including the rights you grant to Lands’ End‚ restrictions on how you can use this web site or mobile application‚ Lands’ End’s liability in the event something goes wrong‚ and our agreement to resolve disputes via binding arbitration without resort to class action litigation.
This web site or mobile application (the “Site”) is owned and operated by Lands’ End‚ Inc. on behalf of itself and for its subsidiaries and affiliates (collectively‚ “Lands’ End‚” “We” or “Us”). By accessing‚ using‚ registering for‚ or purchasing merchandise from the Site‚ you agree to be bound by these Terms. All visitors to and users of any aspects of Site (collectively‚ “Users”) are bound by these Terms.
Lands’ End reserves the right to make changes to this Site‚ our policies and these Terms at any time. All changes are effective upon posting. By accessing‚ signing in or registering to use the Site‚ you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms‚ you should not access‚ use‚ register for‚ or purchase merchandise from the Site.
Please note that the guidelines‚ policies and other terms and conditions of service and use of other web sites and/or mobile applications affiliated with Lands’ End may vary from these Terms. If a Lands’ End affiliate has separate terms of use for its website(s) and/or mobile application(s)‚ or a separate agreement governing its use‚ the provisions of the affiliate site’s terms shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein‚ these Terms apply to the entire network of Lands’ End Sites‚ and control your use thereof. Except in the event of a conflict‚ as described in this paragraph‚ these Terms apply in addition to any other policies or agreements that may apply to you related to any contests‚ sweepstakes‚ rewards or loyalty programs‚ surveys‚ transactions or purchases of goods or services‚ or other engagements you have with the Site.
The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access‚ use‚ register or purchase merchandise on the Site. Some merchandise offered for sale on the Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence)‚ and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.
Lands’ End believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy‚ which we encourage you to review.
You agree and understand that the Site‚ including any and all features available via the Site and any User Content (as defined below)‚ may be modified by us‚ in our sole discretion‚ at any time without prior notice. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms. We do not actively monitor‚ and undertake no obligation to monitor or modify‚ any reviews‚ information‚ content‚ data‚ text‚ links to third party websites‚ User profile information‚ sounds‚ photographs‚ graphics‚ video‚ messages or other materials uploaded or made available via the Site by or on behalf of any User (all such items provided by or on behalf of Users‚ collectively‚ “User Content”). Nonetheless‚ we reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms‚ including without limitation‚ by removing any User Content posted in violation of these Terms‚ terminating the registration of such violators or blocking such violators’ use of the Site.
In order to access some features of the Site‚ you may be required to register and to select a password and user name‚ which shall consist of an email address you provide (“User ID”). To register‚ use the registration form available by clicking the “My Account” link near the top of any page on the Site. If you register‚ you agree to provide us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information. For example‚ you may not: (i) enter‚ select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person‚ or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms‚ which may result in immediate termination of your account. In addition‚ we reserve the right to refuse registration of‚ or cancel‚ a User ID in our discretion.
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password‚ whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal‚ non-commercial use only‚ unless otherwise authorized in writing by us. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware‚ and (b) ensure that you exit from your account at the end of each session.
Subject to your compliance with these Terms‚ Lands’ End grants you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of the Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on the Site. Except as noted above‚ Users of the Site are not conveyed any right or license by implication‚ estoppel‚ or otherwise in or under any patent‚ trademark‚ copyright‚ or proprietary right of Lands’ End or any third party.
You may not use‚ frame or utilize framing techniques to enclose any Lands’ End trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Lands’ End’s express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing a Lands’ End name‚ trademark‚ or product name without Lands’ End express written consent.
Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws‚ trademark laws (including trade dress)‚ and communications regulations and statutes. Violators will be prosecuted to the fullest extent of the law.
Permitted uses of the Site include soliciting opinions‚ ideas and other input from Users; sharing ideas and opinions with other Users‚ searching the Site for User Content (as defined herein) and business or product information‚ and purchasing goods or services from the Site for personal use‚ not for resale. You may also invite people you know to join the Site. You acknowledge and agree that we do not control the User Content posted to the Site‚ or any links to other websites‚ including the content of any messages posted by Users‚ and that we do not guarantee the accuracy‚ integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse‚ support‚ sanction‚ encourage‚ verify‚ or agree with the comments‚ opinions‚ or statements or other User Content posted on or otherwise displayed on or transmitted via the Site‚ or (ii) we do not make any promises‚ guarantees or warranties with respect to any of the User Content or products‚ services‚ information‚ content or materials featured or mentioned on the Site. All User Content‚ including advice and opinions posted by Users‚ comprises the views and responsibility of those who post such User Content‚ and does not necessarily represent the views of Lands’ End. You understand that‚ by using the Site‚ you may be exposed to User Content that is offensive‚ indecent or objectionable.
In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss of any nature whatsoever arising from or relating to any use‚ continued use or reliance on any user content‚ any error or omission in any user content‚ any claim that any user content is defamatory‚ libelous or violates any right of any third party‚ or the defamatory‚ offensive or illegal conduct of any user or third party. You expressly agree that you bear any and all risks associated with your access to‚ contribution to‚ use of and/or reliance on user content.
Without limiting the generality of any other provisions of these Terms‚ you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):
Subject to the following restrictions‚ registered Users may post‚ upload or transmit User Content on the Site. Without limiting the generality of any other provisions of these Terms‚ you agree:
Lands’ End retains the right to remove any User Content from its websites that in Lands’ End’s sole discretion violates any of the restrictions or guidelines defined in these Terms.
If you believe any User Content or any other aspect of the Site infringes your copyright‚ you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:
Copyright Agent
Or by email: websiteinquiry@landsend.com
If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing‚ or that you have the authorization from the copyright owner‚ the copyright owner’s agent‚ or pursuant to law‚ to post and use the content in your User Content‚ you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
If a counter-notice is received by the Copyright Agent‚ Lands’ End may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider‚ member or user‚ the removed content may be replaced‚ or access to it restored‚ in 10 to 14 business days or more after receipt of the counter-notice‚ at Lands’ End’s sole discretion.
As between you and us‚ the Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors. As between you and us‚ subject to any licenses and rights expressly granted herein‚ any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights‚ title or interest in or to any copyright‚ trademark or other proprietary right of ours or any of our licensors.
Any trademarks‚ service marks‚ and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of Lands’ End or their respective owners‚ as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers‚ or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners‚ who may or may not be affiliated with‚ connected to‚ or sponsored by us. You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing on the Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent‚ copyright‚ trademark‚ trade secret or other proprietary right of Lands’ End.
You expressly agree that your use of the site‚ and of any user content‚ information‚ advice‚ services‚ products‚ and other materials contained in or described on the site‚ is entirely at your own risk‚ and that all such information and materials are provided on an “as is” and “as available” basis. to the full extent permissible by applicable law‚ we make no‚ and hereby disclaim all‚ representations or warranties of any kind‚ express or implied‚ as to the availability‚ operation and/or use of the site‚ including but not limited to any user content provided via the site‚ and all other content‚ services‚ products‚ and other information and materials contained in or described on the site‚ including but not limited to‚ warranties of merchantability‚ fitness for a particular purpose‚ and non-infringement‚ and implied warranties arising from course of dealing or course of performance. Certain state laws do not allow limitations on the length of an implied warranty. To the extent any such state law applies to you‚ the limitation described herein may not apply to you. in addition‚ we do not represent or warrant that the information and content accessible via the site is accurate‚ complete or current‚ and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of‚ inability to use‚ or reliance on any aspect of the site‚ including but not limited to user content and all other content‚ services‚ products‚ and other information and materials contained in or described on the site. Further‚ we make no representations and warranties that the site or the user content will be uninterrupted‚ secure‚ or free of errors‚ viruses‚ or other harmful components. No advice or information‚ whether oral or written‚ obtained by any user from us or the site shall create any warranty not expressly stated herein.
In no event shall Lands’ End or their respective affiliates‚ or the shareholders‚ directors‚ officers‚ members‚ managers‚ employees‚ agents or representatives of any of the foregoing‚ be liable to you or any third party for damages of any kind (including‚ but not limited to‚ any direct‚ indirect‚ special‚ punitive‚ incidental or consequential damages or damages for loss of profits‚ goodwill or revenue‚ business interruption‚ or loss of data) arising out of the use of‚ access to‚ reliance on‚ unavailability of‚ inability to use‚ or improper use of the site‚ including but not limited to any user content‚ reviews‚ advice‚ services‚ products‚ and other information and materials contained in or described on site‚ or the disclosure or misuse of any user’s personal information‚ even if they have been advised of the possibility of such damages‚ and regardless of the form of action‚ whether in contract‚ tort‚ or otherwise. In no event shall Lands’ End be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.
You agree to indemnify and hold Lands’ End and its affiliates‚ licensors‚ directors‚ officers‚ members‚ managers‚ employees‚ agents‚ and representatives‚ harmless from and against any losses‚ costs‚ expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim‚ cause of action‚ suit or demand of any third party due to‚ arising out of or related to (i) your access to the Site‚ (ii) your use of the Site‚ (iii) any User Content posted‚ uploaded or transmitted by you‚ (iv) your use or distribution of any User Content‚ (v) your violation of these Terms of Use‚ (vi) any use of your User ID or password by you or any third party‚ or (vii) the infringement or other violation by you‚ or any third party using your account or User ID or password‚ of any intellectual property or other right of any person or entity.
The Site may display links to third party sites. We are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site.
Lands’ End currently uses various third party services to ship products to locations within the 50 United States‚ the District of Columbia‚ and APO/FPO addresses. Lands’ End also currently ships to many international locations via a third party service provider. For details on shipping‚ please click here.
Lands’ End charges sales tax for merchandise ordered on the Lands’ End Site based on the applicable state sales tax rate of the location to which the order is being shipped.
Local Restrictions
Lands’ End reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Limitations on Quantity
To properly serve all customers‚ Lands’ End reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. Lands’ End further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the Lands’ End site is expressly prohibited. Lands’ End reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Colors
Lands’ End may display advertising prints for products sold through a Lands End Site. Lands’ End attempts to display the colors of the products shown on the Lands’ End Site as accurately as possible. However‚ we cannot guarantee that the color you see matches the product color‚ as the display color depends‚ in part‚ upon the device visual interface setting or monitor used by you.
Pricing
Pricing errors may occur on the Lands’ End Site from time to time. Lands’ End attempts to correct all pricing errors as soon as they are discovered‚ or as soon as Lands’ End receives notice of an error. Lands’ End reserves the right to cancel any orders containing pricing errors‚ with no further obligations to you‚ even after your receipt of an order confirmation or shipping notice from Lands’ End. Any payments you make to Lands’ End for orders that are cancelled due to pricing errors will be refunded.
Returns and Cancellations
Orders you submit online may not be cancelled online immediately. Online orders may be cancelled by contacting customer service. Orders with a status of “Processing” may not be cancelled‚ and you may need to wait until your receive the merchandise in order to return it. Order status can be checked online by logging into your account. All returns of merchandise are subject to the Lands’ End Returns Policy. Please click here for more details.
You agree that by entering into these Terms‚ you and Lands’ End are each waiving the right to trial by jury and the ability to participate in a class action.
All disputes between you and lands’ end relating in any way to the lands’ end site (including without limitation orders made from the lands’ end site‚ lands’ end’s advertisements and disclosures‚ email and mobile sms (text) messages lands’ end sends to you‚ or relating to the collection or use of any information about you in connection with the lands’ end site)‚ these terms‚ or your status as a user will be submitted to confidential arbitration in the federal judicial district in which you reside‚ except to the extent that you have‚ in any way‚ violated or threatened to violate any company intellectual property right.
Any User who intends to seek arbitration must first send to Lands’ End by certified mail‚ a written Notice of Dispute (“Notice”). The Notice must be mailed to 5 Lands’ End Lane‚ Dodgeville‚ WI‚ Attn: Arbitration Intake and copied to Lands’ End‚ Inc.‚ 5 Lands’ End Way‚ Dodgeville‚ WI 53595 Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received‚ either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under‚ or with respect to‚ the Site (including‚ without limitation‚ any Lands’ End advertisement or disclosure‚ any email or mobile SMS (text) message that Lands’ End sends to you‚ the collection or use of any information about you in connection with the Site)‚ these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Lands’ End and you agree otherwise‚ the arbitrator may not consolidate more than one User’s claims‚ and may not otherwise preside over any form of a representative‚ private attorney general or class proceeding.
For arbitration claims you assert against Lands’ End in accordance with this section (but not for any arbitration claim against you) Lands’ End will pay all of your administrative‚ hearing‚ and arbitrator’s fees and costs for the arbitration (but not the fees‚ expenses‚ and costs of your lawyers‚ experts‚ or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful‚ Lands’ End will pay its‚ and you will pay your‚ lawyers’‚ experts’‚ and witness fees‚ expenses‚ and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly‚ an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration‚ the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
To the extent permitted by law‚ you will not agree to act as a representative or a private attorney general‚ or in any other representative capacity‚ or participate as a member of a class of claimants in any lawsuit against Lands’ End in any court‚ or in arbitration‚ with respect to any claims relating in any way to the Lands’ End site (including without limitation orders made from the Lands’ End site‚ Lands’ End’s advertisements and disclosures‚ email and mobile sms (text) messages Lands’ End sends to you‚ or relating to the collection or use of any information about you in connection with the Lands’ End site)‚ these terms‚ or your status as a user. This section (confidential arbitration) will survive the termination of the relationship between you and Lands’ End.
Lands’ End or you may seek injunctive relief in any state or federal court in Madison‚ Wisconsin‚ USA‚ and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Madison‚ Wisconsin‚ USA for injunctive relief purposes.
By visiting the Lands’ End Site‚ you agree that the laws of the State of Wisconsin‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and Lands’ End.
No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Lands’ End in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on the Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and Lands’ End regarding use of the Site. Lands’ End’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the Site and any notices regarding the Site.
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to 1-800-963-4816 or email websiteinquiry@landsend.com.
For claims or requests for arbitration‚ see the Confidential Arbitration section of these Terms of Use.
One or more patents may apply to this Web site‚ including without limitation: U.S. Patent Nos. 5‚528‚490; 5‚761‚649; and 6‚029‚142.
