Last Updated: March 10, 2017
Valid for residents of the 50 United States and the District of Columbia only.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
The Membership is a paid membership program that, subject to these Terms and Conditions and applicable law, provides members of the Membership ("Members") to the following benefits:
We reserve the right to modify these benefits from time to time in accordance with these Terms and Conditions. From time to time, we may also offer different membership programs, and the fees and terms for such memberships may vary.
Membership benefits may be redeemed online at www.canvasbylandsend.com or by phone at (800) 400-8747. Membership benefits may not be redeemed via other sales channels unless specifically stated otherwise.
The Membership benefits cannot be used in conjunction with any non-Member coupons or offers unless specifically stated otherwise in the applicable coupon or offer. Without limiting the foregoing, the Membership benefits cannot be used in conjunction with employee discounts. Lands’ End may also offer certain existing or new programs, promotions, merchandise categories and other offers that are not eligible to be combined with Membership benefits.
Membership discounts cannot be used toward the purchase of gift cards, applicable fees for swatches, gift boxes, personalization/monogramming, shipping and handling or toward applicable taxes.
Employees, officers, directors, agents and/or representatives of Lands’ End can be Members, but some or all such individuals may be excluded from certain promotions and other benefits.
You must be at least eighteen (18) years of age or older to be a Member.
YOUR MEMBERSHIP WILL END AUTOMATICALLY ON OR ABOUT THE ANNUAL ANNIVERSARY OF YOUR SIGN-UP DATE
Except as expressly set forth in these Terms and Conditions, Lands’ End has no obligation to refund your Membership Fee.
For Membership benefits to apply to a particular purchase, the Membership must be active and available (as determined by our records), and you must either present your Member card to the Lands’ End associate at the time of the purchase or provide your name, email address and/or phone number to the Lands’ End associate to verify your Membership Account, so that you receive any applicable Membership benefits.
Enrollment and participation in the Membership is voluntary, optional and not required to complete any transaction or sale, including but not limited to any credit or debit card transaction.
Lands’ End reserves the right, in its sole discretion, to exclude any individual(s) from the Membership or to terminate any Membership Account, for any reason, including, without limitation, abuse of the Membership, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of Lands’ End. Any such exclusion or termination may affect eligibility for further participation in the Membership and/or any other Lands’ End program.
The Membership makes available special discounts and savings with respect to certain goods and services, as expressly provided in these Terms and Conditions
Lands’ End may in its sole discretion change these Terms and Conditions, including, without limitation, Membership benefits and fees, at any time and without liability. Lands’ End may notify you of such changes by any reasonable means, including by posting revised Terms and Conditions on this page or on its website at www.landsend.com/ . Any such changes will not apply to any dispute between Lands’ End and you arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes or otherwise notified you of such changes. Any such change shall take effect immediately, unless otherwise provided by Lands’ End. You may view the current version of the Terms and Conditions at any time at the website set forth above. You may also obtain a copy of the current Terms and Conditions by calling Lands’ End Customer Service at (800) 400-8747. It is your responsibility to check or review the Terms and Conditions from time to time to keep informed of any changes. The "Last Updated" legend above indicates when these Terms and Conditions were last changed. If you do not agree to any changes, you may stop using your Membership benefits, and you may cancel your Membership Account after we posted or otherwise notified you of such changes. If you continue to use your Membership Account after we change these Term and Conditions, or if you do not cancel your Membership Account as described above, you will be indicating your acceptance of such changes. If any change to these Terms and Conditions is for any reason found invalid, void or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions. Your participation in the Membership is subject to these Terms and Conditions and all other terms and conditions, rules, policies, and procedures that Lands’ End may establish or change at any time and from time to time.
We expect Members to submit and maintain accurate and current information in connection with their Membership Accounts. Such information includes name, address, email address and phone number. Periodically, we may use the National Change of Address (NCOA) system to update the mailing addresses for Membership Accounts in our database, through information provided by the United States Postal Service. Members can change their Membership Account information by: (i) updating their Member profile data through an authenticated website account; (ii) requesting an update from a sales associate; or (iii) calling Lands’ End at (800) 400-8747. We are not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.
Unless you expressly opt-out, by joining the Membership you, to the extent permitted by applicable law, automatically subscribe to Lands’ End Canvas and Lands’ End Marketing and E-mail Exclusives and will receive, and agree to receive, promotional mail and emails from Lands’ End Canvas. The foregoing applies to residents of the U.S. only. Unsubscribing from Lands’ End Canvas or Lands’ End marketing and/or email exclusives will not discontinue your Membership Account. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by updating your Member profile at www.landsend.com/ and/or by calling Lands’ End Canvas at (800) 400-8747. We will seek to implement your request within a reasonable time period. Please note that Members who unsubscribe from Lands’ End Canvas and Lands’ End Marketing and/or E-mail Exclusives will continue to receive non-marketing e-mails, U.S. mail and other communications from Lands’ End Canvas relating to the Membership.
USE OF THE MEMBERSHIP AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LANDS’ END CANVAS AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING YOUR PARTICIPATION IN THE MEMBERSHIP, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT: (i) THE MEMBERSHIP WILL MEET YOUR REQUIREMENTS; (ii) THE MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE MEMBERSHIP WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE MEMBERSHIP. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE MEMBERSHIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERSHIP DATA; OR (IV) ANY OTHER MATTER RELATING TO THE MEMBERSHIP. THE MAXIMUM COLLECTIVE LIABILITY OF THE MEMBERSHIP PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (1) THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE MEMBERSHIP PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE MEMBERSHIP IN THE PREVIOUS TWELVE (12) MONTHS; AND (2) FIFTY U.S. DOLLARS ($50.00). EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE MEMBERSHIP PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of Wisconsin, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LANDS’ END, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT LANDS’ END AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased.
If the AAA is unable or declines to administer the arbitration, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures, as amended by this Agreement. The Streamlined Arbitration Rules and Procedures are available online at http://www.jamsadr.com/rules-streamlined-arbitration/. If both the AAA and JAMS are unable or decline to administer the arbitration, a court of competent jurisdiction may appoint the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, or as otherwise required by the AAA or JAMS, as applicable. If the parties are unable to agree on a location, such determination should be made by the AAA or JAMS, as applicable, or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
As between you and Lands’ End Canvas, all Membership Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of Lands’ End, Inc., and is protected by United States and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the Membership materials, you are granted permission solely to electronically copy and to print portions of the Membership materials for the sole purpose of using the Membership materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other uses of any Membership materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of Lands’ End is strictly prohibited.