Terms of Use

 

Effective February 26, 2020

Lee®, a division of VF Jeanswear, LP and its affiliates in the United States (“Lee”) provides a convenient and secure way for you to purchase Lee products on its websites accessible at www.lee.com, Lee mobile applications, and other Lee services (individually or collectively, the “Website”).  

BY USING THE WEBSITE OR BY AGREEING TO PROVIDE SUBMISSIONS TO LEE, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. 

Eligibility
You must be 13 years of age or older to register and use our Website. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Website with permission from your parent or legal guardian.

Privacy
The security and privacy of your personal information is extremely important to us. We do not share, trade or sell your personal information to anyone outside of Lee or Kontoor Brands, our parent company, without your prior consent, except as described in our Privacy Policy. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

Sales Tax
Lee is legally required to collect sales tax in those states we are licensed to do business. Sales tax is calculated using the tax rate of the state where the product is being shipped. Note that some tax authorities require us to collect tax on: product sales only, shipping fees only, both product sales and shipping fees, neither product sales nor shipping fees.

Returns
If you aren't satisfied with your purchase, you are welcome to return it according to the terms of our Return Policy.  Please see our Return Policy for full details.

Shipping
We ship orders using several different shipping carriers, including United States Postal Service, UPS, and Federal Express. Once we provide your order to the shipping carrier, we cannot control how, when, or where they make the delivery.

Lee currently ships only to United States and APO and FPO addresses. We do not currently ship to US territories or to international addresses.  

For more information about our shipping policies, click here.

Order Acceptance
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation or an offer to sell. Lee reserves the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. Legal title to purchased product transfers to the buyer at point of shipment. 

Product Availability
Product Availability on our Website is not guaranteed as it may be low in stock.  If merchandise is not available by the time your order processes, we will notify you of this via email.  You can always verify availability by Contacting Us.  

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. 

Cancellations and Modifications
If you realize that you need to make a change to your order, contact consumer relations immediately. Once an order is placed, it usually cannot be changed, so you might be asked to return items after your order arrives. Please note that, unless we determine that an item was purchased at an incorrect price, we do not offer price changes after an order has been placed.

If an item becomes unavailable after you place your order, you will either not be charged for that portion of your order or receive a credit back for that item.

Product Information, Pricing, and Inaccuracies
The prices displayed on our Website may differ from prices that are available in stores.  Our pricing may also differ from store to store.  Lee products displayed on the Website may be available in selected Lee stores in the United States.  The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated.

Items that are on sale will show the original price with a strikethrough and the sale price listed next to it.  Clearance items will include a clearance designation, potentially using a third-party content delivery application, next to the product name, image, or price.  Clearance items will not be restored to their original price or otherwise increased once they are placed on clearance.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.  Additionally, from time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Lee reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Additional Terms
Some of our services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a service, we will make them available for you to read through your use of that Service.  By using that service, you agree to the Additional Terms.

Ownership
All content included in this Website, including but not limited to text, graphics or code, is the property of Lee or is licensed to Lee and is protected by US and international intellectual property rights.. Lee ALL RIGHTS RESERVED. Permission is granted to electronically copy and/or print hard copy portions of this Website for the sole purpose of placing an order with Lee or purchasing Lee products. Lee owns its trademarks, logos, and brand elements (“Marks”).  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited.

Some features of this Website may be covered by U.S. Patent 5,930,474.

Copyright and Intellectual Property Policy
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Lee agent for notice of claims of copyright infringement ("Copyright Agent") at:

Kontoor Copyright Agent
c/o Rachel Tarko Hudson
Sheppard Mullin
4 Embarcadero Ctr., 17th Fl.
San Francisco, CA 94111

Email: kontoordmca@gmail.com

Phone: 415-434-9100

Fax:  415-434-3947 

You must provide our Agent with the following Notice: 

  1. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature. If valid, Lee will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

For clarity, only copyright infringement notices should go to our Copyright Agent.  You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

  • Your physical or electronic signature; 
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Greensboro, North Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notification, it includes your personal information.  By submitting a counter-notification, you consent to having your information revealed in this way.  We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled.  If we receive such notification we will be unable to restore the material.  If we do not receive such notification, we may reinstate the material.

Limitation of Liability
YOU USE THE WEBSITE AT YOUR OWN RISK.  THE WEBSITE AND THE MATERIALS AND PRODUCTS AVAILABLE IN THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  THIS IS WITH THE EXCEPTION OF OUR WARRANTY ON PRODUCT, DETAILED IN THE WARRANTY POLICY.

IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE.  OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE. 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE OR THE PERFORMANCE OF PRODUCTS, EVEN IF LEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.  

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

Governing Law; Arbitration
Your use of this Website shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that any action of whatever nature arising from or relating to these Terms or the Website will be filed only in the state or federal courts located in Greensboro, North Carolina. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.  

Arbitration Agreement & Waiver of Certain Rights
Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings.  You and we hereby waive any right to a jury trial of any Claim (defined below).  All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.  The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.  However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Use including, but not limited to, a claim that all or any part of these Terms of Use is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. 

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies.  You and we also have the right to bring qualifying claims in small claims court.  In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or our individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.  Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court.  If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of this Terms.  This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, 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 AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

USER CONTENT
These Terms of Use govern your conduct associated with any content you share with us on this site or other websites, either through third party services or directly, as well as the Customer Ratings and Review service offered by Lee (the "CRR Service"). 

By submitting any content to Lee, you represent and warrant that:

you are the sole author and owner of the intellectual property rights thereto; all "moral rights" that you may have in such content have been voluntarily waived by you; all content that you post is accurate; you are at least 13 years old; and that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, abusive, illegal, harmful to reputation, pornographic, indecent, profane, obscene, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or that contains any computer viruses, worms or other potentially damaging computer programs or files.

You further agree and warrant that you shall not use the Website to: violate any law or regulation; send unsolicited or unauthorized advertising or commercial communications, such as spam; engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website; stalk, harass, or harm another individual; impersonate any person entity or perform any other similar fraudulent activity, such as phishing; use any means to scrape or crawl any Web pages contained in the Website; attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or advocate, encourage, or assist any third party in doing any of the foregoing.

For any content that you submit, you grant Lee and those we work with a perpetual, irrevocable, royalty-free, transferable right and license to use, host, store, publicly perform, copy, modify, delete in its entirety, adapt, publish, translate, distribute, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Lee's sole discretion. Lee reserves the right to change, condense or delete any content on Lee's website that Lee deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Lee does not guarantee that you will have any recourse through Lee to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Lee reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Lee, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Lee, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Lee and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Accessibility
We strive to make our website content accessible and user-friendly. If you are having difficulty viewing the content on this website or navigating the site, please call our Customer Service Team toll-free at 1 (800) 453 - 3348 or email our team at leemail@kontoorbrands.com and we will be happy to assist you.

Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold Lee (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of your use of the Website or arising from a breach of these Terms of Use by you or anyone using your account, or your violation of any law or the rights of a third party. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

External Sites
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Lee is not responsible for the unavailability of, or the content located on or through, any External Site and a link to an External Site does not mean that we endorse it or that we are affiliated with it. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Miscellaneous 
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.