Michael Kors Pre-Loved Resale Program Terms
Last Updated: [August 19, 2022]
The Michael Kors Pre-Loved Resale Program (the “Program”) provides a marketplace for the sale and purchase of pre-owed Michael Kors products, primarily between individual buyers and sellers, through our site that is currently available at (the “Pre-Loved Site” or the “Site”). The Program, the Pre-Loved Site and our associated services are collectively referred to herein as the “Services.”
The Services are provided by Michael Kors (USA), Inc. (“Michael Kors” or “our” or “we” or “us”), with the help of our third-party service providers acting on our behalf, including, primarily, our “Resale Service Provider,” which is currently Recurate, Inc.
PLEASE NOTE: SECTION 10 OF THESE PROGRAM TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND MICHAEL KORS ARE RESOLVED.
1. Agreement to Terms. By using our Services, whether you are a Seller, a Buyer or a visitor (“you,” “Seller” or “Buyer,” as applicable), you agree to be bound by these Program Terms. You also acknowledge that your access to and use of the Pre-Loved Site is governed by these Program Terms and the applicable portions of the Site Terms and Conditions. If there is a conflict between these Program Terms and the Site Terms and Conditions, these Program Terms will be deemed to prevail with respect to the Pre-Loved Site. If you don’t agree to be bound by any of the Terms, do not use the Services.
3. Changes to these Terms or the Services. We may update these Program Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Program Terms on the Pre-Loved Site and/or by sending other communications. It’s important that you review the Program Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Program Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the Program Terms at any given time, you should not use the Services anymore. We may terminate, change, suspend, restrict and/or discontinue any aspect of the Services (or your Pre-Loved Site Account) at any time if we believe you are in breach of these Program Terms, the Site Terms and Conditions or applicable law, or for any other reason in our discretion.
4. How it Works.
(a) Buyers. Anyone can purchase an item on the Pre-Loved Site. If you wish to purchase something from our Pre-Loved Resale Program, you may choose an item from our resale collection on the Site, add it to your shopping cart and check out (just as you would for a new item). Any items in your cart on MichaelKors.com must be purchased separately. Please note that we are not able to ship items purchased on the Pre-Loved Site to addresses located outside of the 50 United States at this time. Buyers will be charged for the item at the time the order is placed on the Site. Once you purchase an item, the individual seller is provided with a pre-addressed shipping label to ship the item to your shipping address provided in the order. We will provide you with the tracking number for your order. Once you receive the item, we will send you an email to confirm that the item’s condition is the same as advertised in the listing.
(i) Dispute. If you choose “No”, then you will be directed to an online dispute form to provide more information regarding the item’s condition. Our customer support team may reach out to you for more information to try to help resolve the dispute.
(ii) Waiver of Right to Dispute. If you do not confirm the item’s condition within 72 hours of delivery, you waive the right to dispute the item’s condition and will be deemed to have accepted the item’s condition as is.
(b) Sellers. Sellers will be required to create an account on the Pre-Loved Site in order to sell an item. Only members of Michael Kors’ KORSVIP Program are currently allowed to create an account and list items. Employees of Michael Kors and its corporate affiliate entities are not eligible to create Pre-Loved Site Accounts or list an item for sale on the Site. Occasionally, Michael Kors may list certain items for sale on the Site, which will be clearly indicated on the Site as applicable. If an individual is not a member of the KORSVIP Program, they will be directed to first create a KORSVIP Account on www.michaelkors.com before being able to create an account on the Pre-Loved Site. The email address used for the individual’s Pre-Loved Account must be the same email address associated with their KORSVIP Account. Once the Pre-Loved Site Account is created, Sellers will be able to choose an item to sell from the eligible past purchases in Seller’s KORSVIP order history. We may limit Sellers’ KORSVIP order histories.
(1) Unless we specifically requested it, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, photographs, documents, ideas, suggestions, drawings, comments, reviews, ratings, feedback or other materials submitted or transmitted through or in connection with the Services in any manner, including, but not limited to, the Item Details or through any “Contact Us” section or forum (collectively, “Submitted Materials”), will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Program Terms. By submitting, uploading, posting or sending Submitted Materials to, on or through the Services, you represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Site or otherwise to us for our use, in accordance with these Program Terms and with any purposes that may be described in connection with the Services, and that any “moral rights” in the Submitted Materials have been waived. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Program Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.
(2) When providing Submitted Materials, you agree to follow the applicable guidelines and restrictions as set forth in the Site Terms and Conditions (https://www.michaelkors.com/info/terms-conditions/s11400082 ), which are incorporated herein by reference. We are under no obligation to screen, edit or monitor any Submitted Materials and assume no responsibility or liability relating to any such Submitted Materials. However, we may delete or remove Submitted Materials, in whole or in part, with or without notice, at any time and for any reason.
(ii) Listing Confirmation and Approval or Rejection; Listing Price. Once Seller submits the Item Details, Seller will receive a confirmation email that the listing has been submitted. After review by Michael Kors or our Resale Service Provider, if the listing is approved, it will appear in the resale collection on the Pre-Loved Site. If the listing is rejected, Seller will be provided with the reasons for rejection and we may, in our sole discretion, provide Seller the opportunity to resubmit its listing. Michael Kors or its Resale Service Provider may offer a suggested list price, for the Seller’s reference purposes only. Sellers may set the list price in their discretion. Notwithstanding the foregoing, Michael Kors and Resale Service Provider retain the right to suspend, reject, or cancel any listing, in whole or in part, for any reason, at any time, in their sole discretion, including without limitation if Michael Kors or its Resale Service Provider determines that a list price is unreasonable.
Then, Seller is required to ship the item to the Buyer using this label. The Program will send automatic reminders to the Seller to ship the item after the sale is made. All Sellers are encouraged to ship the product within 3 days of order acceptance.
(iv) Delivery and Buyer Confirmation. Once the item is delivered to the Buyer, the Buyer has 72 hours to confirm the item’s condition. If the Buyer does not take any action during those 72 hours, the Buyer is deemed to have accepted the item. If the Buyer reports that the item’s condition is not in the condition as set forth in the published Item Details, we may collect more information from the Buyer regarding the item’s condition and our support team may reach out to Seller for more information. If our customer support team, in its sole discretion, determines that the item is not in the condition as described in the listing, we have the right to not pay the sale proceeds to Seller.
(v) After Buyer confirms the condition of the item (or fails to respond within 72 hours of receiving the item), we will automatically generate an electronic Michael Kors gift card to be redeemed at MichaelKors.com or any participating Michael Kors store location, subject to the applicable terms and conditions for such card, for an amount equal to 80% of the sale price. Gift cards will be emailed to seller within approximately 24 hours to the email address linked to your KORSVIP account by our service provider, Loop Commerce, acting on our behalf. Michael Kors e-gift cards are delivered via email only, and Seller is responsible for providing an accurate and deliverable email address during the creation of their Pre-Loved Account. At this time, Michael Kors gift cards cannot be used as a form of payment on the Pre-Loved Site. .
5. Shipping Policy.
(a) Shipping and Order Information. All Michael Kors Pre-Loved resale items are fulfilled and shipped by the applicable Seller, who, if an individual, is a member of the KORSVIP Program and who is selling the item on their own behalf through the Pre-Loved Site. Neither Michael Kors nor the Resale Service Provider are considered the Seller of any item on the Site, except where specifically identified as such on the Site. All orders using the shipping label provided by the Site should ship via USPS Priority Mail shipping.
(b) When will my order ship?
(i) Your purchase is shipped directly by the Seller, and we encourage them to ship it within 3 days of order acceptance. We’re sure they’re working on getting your item to you as quickly as possible, but please allow a day or two extra for unexpected delays!
(ii) As soon as USPS receives your item, you should be emailed tracking information. The item should typically arrive no more than 4-5 days after it is shipped, however we do not make any guarantee on delivery time, as we are not responsible for delays in shipment or delivery
(iii) If a package’s tracking information shows that the package was delivered, but you have not received it, please contact firstname.lastname@example.org for assistance. Note: we do not take responsibility for lost/missing packages that show successful delivery to the order address.
(c) Can I cancel my order? All Pre-Loved Site item orders are FINAL, and are ineligible for cancellation.
(d) What do I do after my order arrives? Once your order has been delivered you should receive an email to confirm and rate the item. Please confirm delivery and the item’s condition within 72 hours, then enjoy your new purchase! If the item is up to the standards you expected, feel free to give your Seller a great rating. If not, let us know within 72 hours through the link in the delivery confirmation email. One of our customer service representatives is here to take care of you!
(e) I have a problem with my order. All Pre-Loved Site orders are managed by our Resale Service Provider. For assistance, please reach out to customerservice@michaelkors.
6. Return and Refund Policy.
(i) Unless expressly otherwise provided for in an item’s listing, all Pre-Loved Site orders are FINAL SALE, unless the item is delivered and not in the condition explicitly described in the Seller’s listing on the Pre-Loved Site. As described under the “Buyers” section above, we will email Buyer to confirm that the item Buyer received is as advertised in the listing. If Buyer chooses “No” and is thus directed to the online dispute form to provide more information, the Buyer can open a dispute process (and must do so within 72 hours of delivery of the package); if we confirm the item did not arrive as described, we will offer the Buyer a refund and instruct the Buyer how to return the item.
(ii) If we issue a refund, please allow approximately 7 business days for the refund to appear on the Buyer’s applicable payment account.
(iii) Our Resale Service Provider, and not Buyer, will be responsible for all shipping costs in the event of return.
(iv) Please reach out to email@example.com for assistance and include your order number and date of purchase in the email.
7. Disclaimer of Warranties; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICHAEL KORS NOR ITS SERVICE PROVIDERS, INCLUDING ITS RESALE SERVICE PROVIDER, INVOLVED IN CREATING THE SERVICES, AND ALL CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, AUTHENTICITY, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND BOTH MICHAEL KORS AND OUR RESALE SERVICE PROVIDER EACH HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
NEITHER MICHAEL KORS NOR OUR RESALE SERVICE PROVIDER WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. NEITHER MICHAEL KORS NOR OUR RESALE SERVICE PROVIDER MAKE ANY WARRANTY THAT THE SERVICES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICHAEL KORS, OUR RESALE SERVICE PROVIDER, OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT EXPRESSLY INCORPORATED HEREIN). NEITHER MICHAEL KORS NOR OUR RESALE SERVICE PROVIDER ASSUME ANY RESPONSIBILITY, AND NEITHER SHALL BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR IN CONNECTION WITH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PROGRAM.
NEITHER MICHAEL KORS NOR OUR RESALE SERVICE PROVIDER ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA, LISTING OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND BOTH MICHAEL KORS AND OUR RESALE SERVICE PROVIDER EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY ITEMS, PRODUCTS, CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY OF THE ITEMS OFFERED FOR SALE BY SELLERS (NOT INCLUDING ITEMS WHERE MICHAEL KORS IS EXPRESSLY IDENTIFIED ON THE PRE-LOVED SITE AS THE SELLER), ANY ITEM DETAILS PROVIDED BY END USERS, OR ANY BEHAVIOR, ACTS, FAILURES TO ACT OR OMISSIONS BY ANY END USERS. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
YOU ACKNOWLEDGE THAT, UNLESS OTHERWISE EXPRESSLY NOTED IN CONNECTION WITH AN ITEM LISTING, BY PURCHASING AN ITEM VIA THE PRE-LOVED SITE, YOU ARE PURCHASING A USED ITEM FROM AN INDIVIDUAL SELLER AND NOT FROM MICHAEL KORS OR OUR RESALE SERVICE PROVIDER. MICHAEL KORS AND OUR RESALE SERVICE PROVIDER EACH DISCLAIM ANY AND ALL WARRANTIES RELATED TO THE ITEMS SOLD BY END USERS THROUGH ITS RESALE COLLECTION, INCLUDING WITH RESPECT TO THE ITEM’S MERCHANTABILITY, AUTHENTICITY, CONDITION, FITNESS FOR PARTICULAR PURPOSE, OR ABSENCE OF DEFECTS. IF YOU BELIEVE THE CONDITION OF AN ITEM YOU PURCHASED IS NOT CONSISTENT WITH THE RESALE LISTING ON OUR SITE, THEN YOU MAY DISPUTE THE CONDITION AS DESCRIBED ABOVE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICHAEL KORS NOR ITS RESALE SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MICHAEL KORS OR ITS RESALE SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MICHAEL KORS OR RESALE SERVICE PROVIDER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO MICHAEL KORS OR RESALE SERVICE PROVIDER FOR THE USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), whichever is less, and IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MICHAEL KORS OR RESALE SERVICE PROVIDER, AS APPLICABLE. ALL USERS OF THE SERVICES UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE WITHOUT THESE LIMITATIONS ON LIABILITY. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
8. Indemnity. You will indemnify and hold Michael Kors and Resale Service Provider and its and their officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of the Terms.
9. General Terms.
(a) Proprietary Rights. The Services are operated by Michael Kors and its providers acting on Michael Kors’ behalf, including its Resale Service Provider. As between you and Michael Kors, all Services design, text, graphics, logos, button icons, images, audio clips, content, materials and the selection and arrangement thereof, and all intellectual property and proprietary rights therein and thereto, are owned solely and exclusively by Michael Kors and its licensors and suppliers (which may include its Resale Service Provider). The compilation (meaning the collection, arrangement and assembly) of all Services content is the exclusive property of Michael Kors and its providers (which may include Resale Service Provider) and is protected by U.S. and international copyright laws. All software used in connection with the Services is the property of Michael Kors or its providers who help to operate the Program, including its Resale Service Provider, and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and print in hard copy portions of the Services materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Services materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of both Michael Kors and Resale Service Provider is strictly prohibited. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Trademarks. The trademarks, logos, service marks and trade names displayed in connection with the Services (including, without limitation, KORSVIP, STUDIO, BACKSTAGE, RUNWAY, RED CARPET, MICHAEL KORS, MICHAEL MICHAEL KORS, MK MICHAEL KORS, etc.) are registered and unregistered trademarks of Michael Kors and other persons (collectively, the “Trademarks”), and may not be used, or copied (in whole or in part) unless expressly authorized by the applicable Trademark owner. Nothing contained in the Services should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any Trademark displayed in the Services or as part of any Services content, without our written permission or that of the applicable third-party rights holder.
(c) Entire Agreement. The Terms constitute the entire and exclusive understanding and agreement between Michael Kors and you regarding the Services. If any provision of the Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer theTerms, by operation of law or otherwise, without Michael Kors’ prior written consent. Any attempt by you to assign or transfer the Terms absent our consent or your statutory right, without such consent, will be null. Michael Kors and Resale Service Provider may freely assign or transfer the Terms without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(d) Choice of Law/Forum Selection/Jurisdictional Issues. In any circumstances where the Agreement to Arbitrate Disputes as set forth in Section 10 of these Program Terms permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York County, New York. The Services are intended for users located in the United States. We (and our providers) generally control and operate the Services from our offices in the United States. We do not represent that the Services or any materials presented in connection with the Services are appropriate or available for use in other locations. Persons who access or use any part of the Services from other locations are responsible for compliance with any applicable local laws. Software used for the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
(e) Notices. Any notices or other communications provided by Michael Kors or Resale Service Provider under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(f) Waiver of Rights. Michael Kors' or Resale Service Provider’s failure to enforce any right or provision of these Program Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Michael Kors and Resale Service Provider. Except as expressly set forth in these Program Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.
10. Disputes. If a dispute should arise between you and Michael Kors regarding the Program, and if your dispute cannot be resolved using our customer service team, these Program Terms describe how we shall proceed with the resolution of the dispute.
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 MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You agree that any dispute or claim arising out of your use of the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate disputes, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and U.S. federal arbitration law apply to these Program Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Program Terms.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if you and Michael Kors agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Michael Kors by mailing it to insert address pursuant to the JAMS instructions. Michael Kors will bear the reasonable cost of your initial filing fee.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we each expressly waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.