LULULEMON ATHLETICA CANADA INC. ("lululemon"), AS A CONVENIENCE TO
YOU, GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.LULULEMON.COM,
WWW.LULULEMON.CA AND WWW.IVIVVA.COM AND ITS SUBDOMAINS (COLLECTIVELY, THE
"SITES"), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND
SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, VIDEOS,
ARTICLES, AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE
NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW).
1. Acceptance of Terms.
COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF
AND DISCONTINUE ANY USE OF THE SITES AND ANY OF THEIR CONTENT. YOUR USE OF THE
SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET
FORTH BELOW. LULULEMON CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED
CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE
SITES. IF YOU DO NOT CEASE USING THESE SITES, YOU WILL BE DEEMED TO HAVE
conditions of any other agreement you may have with lululemon or its affiliates
for other products or services.
2. Use and Restrictions.
The Sites may be accessed and used only by individuals who can form legally
binding contracts under applicable laws, who are 13 years of age or older, and
who are not barred from using the Sites under applicable laws.
The Sites are provided solely as a convenience to you for non-commercial
use. You may access and use the Sites only in accordance with all applicable
that lululemon, in its sole discretion and without notice or any further obligation
to you, may temporarily suspend or permanently discontinue and refuse any and
all current and future, access to or use of the Sites. You further agree that
you will not: (a) resell for commercial purposes products purchased through use
of the Sites; (b) resell or make commercial use of the Sites or Content
therein; (c) modify, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works of, transfer, or sell any Content;
(d) collect or use any product listings or descriptions; (e) use any data
mining, robots, or similar data gathering and extraction methods from the
Sites; (f) other than for your use of the Sites as expressly permitted in these
are hosted or modify or alter the Sites in any way; (g) forge headers, create a
false identity or otherwise manipulate identifiers in order to deceive others
or disguise the origin of any Content or other information transmitted to or
via the Sites; (h) use, frame or utilize framing techniques to enclose any
lululemon trademark, logo or other proprietary information (including the
images found at the Sites, the content of any text or the layout/design of any
page or form contained on a page) without lululemon’s express written consent;
or (i) use any meta tags or any other “hidden text” utilizing a lululemon name,
trademark, or product name without lululemon’s express written consent.
Any unauthorized use of the Sites will terminate the permission or license
Sites, and may violate applicable law including copyright laws, trademark laws
(including trade dress), and communications regulations and statutes.
The Content and the Sites, as well as the selection and arrangement thereof,
are the sole property of lululemon and/or its licensors and are protected by
patent, copyright, trademark and other intellectual property laws and may not
express written consent. Other than as necessary for your use of the Sites in
rights in the Content to you, and you must keep intact all patent, copyright,
trademark and other proprietary notices on the Content. Any Content owned by
lululemon’s licensors may be subject to additional restrictions.
All trademarks, service marks, trade names, logos and trade dress, whether
registered or unregistered (collectively the "Marks") that appear on
the Sites are proprietary to lululemon or such Marks’ respective owners. You
may not display or reproduce the Marks other than with the prior written
consent of lululemon, and you may not remove or otherwise modify any trademark
notices from any Content.
In addition, all page headers, custom graphics, button icons, and scripts
are trademarks, service marks, trade names and/or trade dress of lululemon or
their respective owners, and may not be copied, imitated, or used, in whole or
in part, without the prior written permission of lululemon.
5. Your Account
In order to purchase
products or services through the use of the Sites, you must establish an
account with lululemon. You are solely responsible for (i) maintaining the
security and confidentiality of your account and your account password; (ii)
restricting access to your computer and your account; and (iii) keeping your
email address listed on your account current. You are solely responsible and liable
for all activities, including, without limitation, all purchases of products
and services through the use of the Sites that occur under your account or your
You acknowledge and agree
that lululemon may access, preserve, and disclose your account information, all
Submissions (as defined below), all communications to and from you, all
information relating to your use of the Sites, and all information relating to
the use of the Sites under your account or account password if lululemon is
required to do so by law or legal process or if lululemon determines, in its
sole discretion, that such action is necessary to protect the rights of
lululemon, third parties, and other users of the Sites or for purposes of
responding to your request for customer service. lululemon’s right to disclose
6. Terms of Sale
All product sales from
the Sites are governed by any terms of sale that may be posted on the Sites.
You should refer to our terms of sale to learn more about applicable product
warranties, our return policy, and shipping terms. By ordering and/or accepting
delivery of the products, you agree to be bound by these terms of sale. The
terms of sale are subject to change without prior notice at any time, in
lululemon’s sole discretion so you should review the terms of sale each time
you make a purchase. Additional information may be found in our FAQ and online
shopping sections of the Sites.
7. Electronic Communications
You consent to receive
electronic communications from lululemon either in the form of email sent to
you at the email address listed on your account or by communications posted on
the Sites. You acknowledge and agree that any electronic communication in the
form of such email or posting on the Sites shall satisfy any legal requirement
that such communication be in writing.
You acknowledge that you are responsible for the information, profiles,
goals, opinions, messages, comments, photos, videos and any other content or
material that you submit, upload, post or otherwise make available on or
through the Sites (each a "Submission") and through the services
available in connection with the Sites, and that you, and not lululemon, have
full responsibility for each such Submission you make, including its legality,
reliability, appropriateness, and trademark, copyright and other intellectual
property ownership. Unless otherwise explicitly stated herein or in the
connection with the Sites is provided on a non-proprietary and non-confidential
basis. You agree that lululemon is free to use a Submission for the purpose of
providing you and others with use of the Sites and their functionality and
providing you with the associated products and services, and you grant
lululemon a sublicensable, transferable, perpetual, nonexclusive, worldwide,
royalty-free license to (in any media, whether now known or not currently known
or invented) link to, utilize, use, publicly perform, publicly display,
reproduce, distribute, edit, adapt, modify and prepare derivative works of the
Submission. In addition, to the extent any Submission contains your or any
other person’s name, likeness, voice or biographical information
("Personal Rights"), you hereby grant and will cause such other
person to grant to lululemon a sublicensable, transferable, perpetual,
nonexclusive, worldwide, royalty-free license to (in any media, whether now
known or not currently known or invented) exploit or use such Personal Rights
for any advertising or marketing of lululemon or ivivva products and services
(in any media, whether now known or not currently known or invented).
Submissions shall be considered non-confidential and lululemon is under no
obligation to treat such Submissions as proprietary information except pursuant
RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN
You further agree that you will not upload, post or
otherwise make available on the Sites any material protected by copyright,
trademark, patent, trade secret or any other proprietary right without the
express permission of the owner of such copyright, trademark, patent, trade
secret or other proprietary right owned by a third party, and the burden of
determining whether any material is protected by any such right is on you. You
shall be solely liable for damage resulting from your account, or any
infringement of copyrights, trademarks, patents, or other proprietary rights,
or any violations of rights of privacy or publicity, or any other harm
resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on
or through the Sites or otherwise have the right to grant the licenses to
lululemon set forth in this section, and (ii) your Submission is accurate and
not misleading and (iii) the posting of your Submissions on or through the
Sites does not violate the privacy rights, publicity rights, trademark rights,
copyrights, contract rights or any other rights of any person or entity or
violate any applicable law, rule, regulation or order. You agree to pay for all
royalties, fees, damages and any other monies owing any person by reason of any
Submissions posted by you to or through the Sites.
When submitting Submissions to or otherwise using the Sites and/or the
services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise
violate the legal rights (such as rights of privacy and publicity) of
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually
explicit images (actual or simulated).
- Post anything that exploits children or minors or that
depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the
express permission from the owner of such copyright or trademark.
- Post any person’s name, likeness, voice or biographical
information without the express permission from such person (or if that
person is a minor, from that person’s parent or legal guardian).
- Disseminate any unsolicited or unauthorized advertising,
promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid
schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to
access the Sites.
- Take any action that imposes an unreasonable or
disproportionately large load on our infrastructure.
- Alter the opinions, goals, profiles or comments posted by
others on the Sites.
This list of prohibitions provides examples and is not complete or
exclusive. lululemon reserves the right in its sole discretion to (a) terminate
your access to your account; (b) terminate your ability to post to the Sites
(or the services) and (c) refuse, delete, modify, edit or remove any
Submissions; with or without cause and with or without notice, for any reason
or no reason, or for any action that lululemon determines is inappropriate or
disruptive to this Sites or to any other user of the Sites and/or services.
lululemon may report to law enforcement authorities any actions that may be illegal,
and any reports it receives of such conduct. When legally required or at
lululemon’s discretion, lululemon will cooperate with law enforcement agencies
in any investigation of alleged illegal activity on the Sites or on the
lululemon takes no responsibility and assumes no liability for any
Submissions posted or uploaded by you or any third party, or for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity you may encounter. As a provider of interactive services, lululemon
is only a forum and is not liable for any statements, representations, or
Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require lululemon to monitor, police or remove
any Submissions or other information submitted by you or any other user.
If you submit any feedback or ideas about our products and services to the
Sites, you hereby assign and agree to assign to lululemon all right, title and
interest in and to such feedback.
Any Content offered or posted on the Sites is subject to modification or
discontinuation at any time and from time to time without notice or obligation
to you. Without limiting the foregoing, lululemon reserves the right, in its
sole discretion, to charge fees for the use or purchase of, or access to, any
products, services or Content offered through the Sites, at any time and from
time to time.
You agree to defend,
indemnify and hold harmless lululemon, its affiliates and their respective
directors, officers, employees and agents against any losses, liabilities,
claims, expenses (including attorney’s fees) arising out of your account, your
use of the Site, and your Submissions and any Personal Rights contained
12. Links to Third Party Websites
The Sites may contain links to websites and other resources operated by
third parties other than lululemon. Such links are provided solely as a
convenience to you. lululemon does not control such websites, and is not
responsible for the content, products, services or information offered by any
third parties. The inclusion of links to such websites on the Sites does not
imply any endorsement of any website or the content, products or services
offered, advertised, endorsed or promoted by any third party, or of any company
or person. If you decide to access any third party websites or acquire any
third party products or services, you do so entirely at your own risk, and you
may be subject to the terms and conditions and the privacy policies imposed by
such third parties.
13. Warranties and Disclaimer
THE SITE , SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING
LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LULULEMON
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR
SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF
MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER
VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED
WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. IN ADDITION, LULULEMON DOES NOT REPRESENT OR WARRANT THAT THE
SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION
ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY
PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS
A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO LULULEMON THAT YOU WILL NOT
USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR
INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. LULULEMON THEREFORE RESERVES
THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN
ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME
WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS
MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, LULULEMON RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY
ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE
APOLOGIZE FOR ANY INCONVENIENCE.
14. Limitation of Liability
LULULEMON AND ITS PARENT, AFFILIATES, SUBSIDIARIES (INCLUDING IVIVVA
ATHLETICA CANADA INC.), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES,
LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES
WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF
OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY
UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND
MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions,
or the exclusion or limitation of certain damages. If these laws apply, some or
all of the above disclaimers, exclusions, or limitations, may not apply to you,
and you may have additional rights to those contained herein.
15. Copyright and Trademark Infringements
lululemon respects the intellectual property rights of others, and we ask you
to do the same. lululemon may, in appropriate circumstances and at our discretion,
terminate service and/or access to the Sites for users who infringe the
intellectual property rights of others. If you believe that your work is the
subject of copyright infringement and/or trademark infringement and appears on
our Sites, please provide lululemon’s designated agent the following
information required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
- Identification of the copyrighted and/or trademarked work
claimed to have been infringed, or, if multiple works at a single online
site are covered by a single notification, a representative list of such
works at that site.
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled at the Sites, and information
reasonably sufficient to permit lululemon to locate the material.
- Information reasonably sufficient to permit lululemon to
contact you as the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which you may be
- A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the
copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
lululemon’s agent for notice of claims of copyright or trademark
infringement on the Sites can be reached as follows:
Attention: David Negus 400 – 1818 Cornwall Ave
Please also note that for copyright infringements under Section 512(f) of
the U.S. Copyright Act, any person who knowingly materially misrepresents that
material or activity is infringing may be subject to liability.
16. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation
proceedings, lawsuits, court hearings and other hearings or actions initiated
in connection with the Sites and/or the Content must and will be venued
between you and lululemon will be governed by the laws of the Province of
British Columbia, Canada, and the federal laws of Canada applicable therein,
without giving effect to principles of conflict of laws of any jurisdiction.
The International Sale of Goods Act of British Columbia and the United Nations
Convention on Contracts for the International Sale of Goods will not apply in
unenforceable in any respect under any applicable law or rule in any
jurisdiction, such invalidity, illegality or unenforceability will not affect
the effectiveness or validity of any provision in any other jurisdiction, and
jurisdiction as if such provision had never been contained herein. Any headings
or titles herein are for convenience only. The official language of these Terms
of Use exclusively shall be, and all communications and agreements between
and/or your use of the Sites, exclusively shall be made in, the English
language. lululemon and you waive any rights we may have under any other law to
venture, partnership, employment, or agency relationship exists between you and
enforcement requests or requirements relating to your use of the Sites or information
provided to or gathered by lululemon with respect to such use. These Terms of
lululemon with respect to the Sites, and they supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and lululemon with respect to the Sites.