TERMS & CONDITIONS — Site Use and In-Store Purchases
(Updated as of November 3, 2020)
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. DETAILS ARE SET FORTH BELOW.PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
USE OF THIS SITE
All materials you see and hear on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”)— are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed or copied Content is transferred to you as a result of your use of this Site. Kohl’s KIN, Inc. owns and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from Kohl’s.
Kohl’s may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Kohl’s also reserves the right to block or deny access to the Site to anyone at any time for any reason.
By your use of this Site, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, then do not use this Site without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Site under any circumstances.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.
COMPLIANCE WITH ALL LAWS & SITE SECURITY
You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases in our Store or using the Site or interfere or attempt to interfere with the proper working of this Site.
LIMITATION OF LIABILITY
THE LIMITATIONS OF LIABILITY ABOVE ARE BINDING IN THE STATE OF NEW JERSEY. HOWEVER, IN SOME OTHER JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE KOHL’S COMPANIES AND SITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000).
DISCLAIMER OF WARRANTY
KOHL’S PROVIDES ACCESS TO ITS STORES AND THIS SITE TO KOHL’S CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES/PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOHL’S DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE MERCHANDISE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOHL’S DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IN STORE OR ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOHL’S FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZES. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOHL’S FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE.
JURISDICTION; RISK OF LOSS; CHOICE OF LAW
Kohl’s controls this Site and its Stores from its corporate offices within the State of Wisconsin. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items passes to the purchaser upon delivery.
Kohl’s does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations or equivalents thereof.
MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS (“ARBITRATION AGREEMENT”)
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (hereinafter “Class Action”).
Most customer concerns can be resolved by calling Customer Service at 855-564-5105. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Claims (as defined below) are resolved through arbitration.
In this Arbitration Agreement, the term “Kohl’s” includes Kohl’s Inc., its parent Kohl’s Corporation, as well as any of their respective affiliates or subsidiaries, and any persons or entities (including agents or employees) related to Kohl’s or its affiliates or subsidiaries.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL, OR FILE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.
- Arbitration Rules; Procedures; Fees. If either of us intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Kohl’s should be sent to Kohl’s, Legal Department, N56 W17000 Ridgewood Drive, Menomonee Falls, Wisconsin 53051. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to initiate an arbitration.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Kohl’s Registered Agent/Legal Department, located at: Kohl’s Legal Department, N56 W17000 Ridgewood Drive, Menomonee Falls, WI 53051 or we must send a written notice to you at the most current address we have on file for you. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules as applicable. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Kohl’s will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Kohl’s will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
- Waiver of Class Action or Consolidated Claims. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Kohl’s is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (h) below.
- Small Claims Court. Either you or Kohl’s may assert claims, if they qualify, in small claims court in Waukesha County, Wisconsin, or any United States county where you live or work.
- Waiver of Jury Trial. YOU AND Kohl’s WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Kohl’s are instead choosing to have all Disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Kohl’s over whether to vacate or enforce an arbitration award, YOU AND Kohl’s WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with Kohl’s.
PRICING & PRODUCT INFORMATION
While Kohl’s strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Kohl’s reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, Kohl’s shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Kohl’s will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you.
Kohl’s works hard to provide low prices on this Site as well as in Stores. However, merchandise and promotional offers available online at Kohls.com may vary from those offered in Store. Prices and availability are subject to change without notice. “Sale” prices and percentage savings offered by Kohl’s are discounts from Kohl’s “Regular” or “Original” prices. The “Regular” or “Original” price of an item is the former or future offered price for the item or a comparable item by Kohl’s or another retailer. Actual sales may not have been made at the “Regular” or “Original” prices, and intermediate markdowns may have been taken. “Original” prices may not have been in effect during the past 90 days or in all trade areas. Merchandise on this Site could be offered at the same or lower “Sale” prices during future promotional events beginning on or after the last day of this advertised event. Clearance merchandise, Kohl’s Cares® Cause merchandise or other charitable items are excluded from “Entire Stock” promotions in this Site. In some events, actual savings may exceed the percent savings shown.
You agree that you are responsible for all charges incurred in connection with any purchase on our Site or our Stores, including, without limitation, all taxes, shipping, handling and processing charges or other fees.
Kohl’s attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because a monitor’s display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.
Kohl’s offers merchandise to consumers through this Site and its Stores. Kohl’s is a retailer, not a wholesaler, and Kohl’s does not sell to individuals or dealers for the purpose of resale to others. Kohl’s reserves the right, in its sole discretion, to reject an order or otherwise limit the quantity of items purchased per person, per household or per order in our Stores or at Kohls.com. These restrictions may be applied at Kohl’s discretion, including, without limitation, to purchases/orders placed by the same person, the same Kohls.com account, the same credit card and/or orders that use the same billing or shipping address.
If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at email@example.com.
USER REVIEWS, COMMENTS & SUBMISSIONS
You acknowledge and agree that Kohl’s has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Content; (b) remove or refuse to post any User Content; and/or (c) disclose User Content to any third party, and the circumstances surrounding submission.
As a visitor to our Site, please be advised that Kohl’s does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to our Site, whether through User Content or otherwise. To the fullest extent permissible by applicable law, Kohl’s shall not be liable, directly or indirectly, to anyone for any damage or losses of any nature arising from or out of User Content. You alone, and not Kohl’s, shall bear sole liability for any such damages or losses arising from User Content submitted by you. If you believe that any User Content violates your copyright, please see our Digital Millennium Copyright and Takedown Procedure section, below.
MY KOHL’S CHARGE
Kohl’s makes gift messages available from this Site as a courtesy to all our customers. Out of respect and consideration, Kohl’s asks that you do not use any obscene, profane, threatening or otherwise vulgar language in gift messages. Without notice to you, Kohl’s may, but is not obligated to, restrict or remove any and all content from a gift message that Kohl’s determines, in its sole and absolute discretion, violates these guidelines or is otherwise harmful to Kohl’s or any third party.
RATINGS & REVIEWS
The Site also allows users to engage in discussions surrounding Kohl’s products through its Ratings & Reviews and related features. Please click here to review the terms governing those specific features. Ratings & Reviews shall be deemed User Content and shall be subject to the requirements set forth in the User Reviews, Comments & Submissions section above.
COPYRIGHTS AND TRADEMARKS
DIGITAL MILLENNIUM COPYRIGHT ACT AND TAKEDOWN PROCEDURE
This procedure is exclusively for notifying Kohl’s that your copyrighted material has been infringed. Kohl’s does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Kohl’s will respond by either taking down the allegedly infringing content or blocking access to it. Kohl’s may contact the notice provider to request additional information. Under the Digital Millennium Copyright Act (“DMCA”), Kohl’s is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is permitted to send Kohl’s a counter-notification. If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. You agree to indemnify and hold Kohl’s harmless from any claims arising out of, or in connection with, your DMCA notice.
To be effective under the DMCA, the copyright owner must send a written notice by fax, regular mail, or email only. Kohl’s reserves the right to disregard a notice that is not in compliance with the DMCA.
A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed;
- Identify the material that is accessible on the Site and which is allegedly infringing upon the copyrighted work(s). The copyright owner must provide detailed information reasonably sufficient to enable Kohl’s to locate the item on the Site, such as clear screenshots of the allegedly infringing materials (for identification purposes);
- Provide information sufficient to permit Kohl’s to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- Provide information sufficient to permit us to notify the Alleged Infringer, if available (preferably, an email address);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”
- Be signed by a person authorized to act on behalf of the copyright owner; and
- Be sent to our DMCA designated agent at the following address:
Kohl’s Designated Agent
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051
Fax: (262) 703-7274
Periodically, links may be established from this Site to one or other external websites or resources operated by third parties (the “Third-Party Sites”). Kohl’s, its affiliates, provide these links for your convenience only. In addition, certain Third Party Sites also may provide links to the Site. AT NO TIME SHALL ANY SUCH INBOUND OR OUTBOUND LINKS BE DEEMED TO IMPLY THAT KOHL’S ENDORSES OR APPROVES THE THIRD-PARTY SITES OR ANY CONTENT THEREIN. KOHL’S DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING, ANY THIRD-PARTY SITES OR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD-PARTY SITES. ACCESS TO ANY THIRD-PARTY SITES IS AT YOUR OWN RISK AND KOHL’S WILL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD-PARTY SITES TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
Without limiting the foregoing, linking to our Site is strictly prohibited absent express written permission from Kohl’s. In addition, framing, in-line linking or other association of this Site or its Contents with links, advertisements and/or other information not originating from this Site is expressly prohibited.
The Kohl’s Corporate Headquarters are located at:
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051
If you have any questions concerning the legal notices stated above, we encourage you to contact the Kohl’s Legal Department at this address. All rights reserved.
These terms and conditions serve as the entire understanding and agreement, and supersede all prior understandings and agreements of the parties, regarding the subject matter of the Terms. Except as provided above with respect to the Arbitration Agreement, if any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.