Terms of Use

Last Updated: October 29, 2026.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. PLEASE REVIEW THE ARBITRATION AGREEMENT SECTION FOR DETAILS.

we, kate spade new york, are part of the tapestry, inc. brands. this website is operated by coach services, inc. on behalf of the kate spade new york brand, itself and its affiliates (collectively referred to as "company" or "we," "us," or "our"). your use of this website (the "website") is subject to the following terms and conditions of use (the "terms"). your use of the website constitutes your unconditional agreement to be bound by these terms. if you do not agree to be bound by these terms, you may not access or otherwise use the website. from time to time, company reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise and/or otherwise change any portion of these terms, in whole or in part, at any time. for changes to these terms that we consider to be material, we will notify you by placing a notice on the website or by any other reasonable means in our sole discretion. the most current version of these terms will be available on the website and will supersede all previous versions of these terms. any changes to the terms are effective upon their posting to the website.

these terms, our privacy policy located here, and any other terms and policies incorporated by reference (collectively, the "other policies"), constitute the entire agreement between you and company pertaining to their subject matter and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. no waiver of any of the provisions of these terms constitute a waiver of any other provisions (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

this website is offered and made available only to users eighteen (18) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. if you are not yet 18 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately. also, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least eighteen (18) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.

the information and features included in this website have been compiled from a variety of sources, and are subject to change at any time without notice. by accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. in describing and portraying products on the website, we attempt to be as accurate as possible; however, we do not warrant that the product descriptions or other website content are accurate, complete, reliable, current, or error-free. we reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. without limitation, we reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the website is inaccurate. if a product offered on the website is not as described, your sole remedy is to return it to us.

MEMBERSHIP & REGISTRATION

certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. the website's practices governing your personal information are disclosed in our privacy policy. the decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. when you provide information to the website, you agree to provide only true, accurate, current and complete information.

if you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

INTELLECTUAL PROPERTY & COPYRIGHT

company owns or has rights to all the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the website (the "content"), and all HTML, CGI and other code and scripts in any format used to implement the website (the "code"). the content and code of the website are protected by copyright. company grants you a limited, revocable, non-exclusive, non-transferable permission to access and use the website and its content solely for your personal, non-commercial use, subject to these terms. you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any code or content from the website without the company's prior written agreement. all names, logos, and trademarks that appear on the website are the property of company or are used by company under license. you may not use any of the foregoing for any purpose without company's prior express written permission, including using the content in connection with any artificial intelligence or machine learning system. your failure to comply with these terms will constitute breach of contract and will violate company's copyright, trademark, and other proprietary and industrial property rights. you may print in hard copy portions of this website with the sole intent of placing an order with company or for keeping store location, hours, or phone number information. the use of any such material for any other reason, on any other website, or the modification, distribution, or republication of this material without company's prior written permission is strictly prohibited.

except as expressly provided in these terms, nothing in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, trade dress, copyright, or other proprietary or industrial right of company, its affiliates or any third party.

USE OF THE WEBSITE AND USER CONDUCT

the website is available only for your personal, non-commercial use, which is limited to viewing the website, providing information to the website, downloading product information for your personal review, and for the purchase of products for personal use. any commercial use or resale of the website or its contents is strictly prohibited without company's prior written consent.

by accessing or using this website, you agree to comply with all applicable laws and regulations and to refrain from engaging in any prohibited activities, including but not limited to: (a) engaging in fraudulent, deceptive, or misleading activities, including impersonating any person or entity or misrepresenting your affiliation with any person or entity; (b) harassing, threatening, abusing, or otherwise harming other users, website staff, or third parties; (c) using the website for any unlawful purpose or to promote illegal activities; (d) interfering with or disrupting the operation of the website, its servers, or networks connected to the website, including transmitting any viruses, malware, or other harmful code; (e) attempting to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks connected to the website, whether through hacking, password mining, or any other means; (f) misusing website features, including but not limited to posting unauthorized commercial communications, advertising, spamming, or collecting information about other users without their consent; (g) uploading, posting, or transmitting any content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable; and (h) engaging in any activity that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the website; and (i) using any robot, spider, crawler, scraper, or other automated means to access the website or to collect or extract content, pricing, or other data from the website, including for use in connection with any artificial intelligence or machine learning system, it being understood that no robots.txt file or similar protocol will be treated as permission to do so, unless such access or collection is authorized by company.

company reserves the right to investigate and take appropriate legal action against anyone who, in company's sole discretion, violates these provisions, including terminating accounts and reporting such activities to law enforcement authorities.

INFORMATION YOU SUBMIT

NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE SITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR COMPANY PRIVACY POLICY, AVAILABLE AT https://www.katespade.com/support/privacy-policy, FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.

If you respond to or provide company with any information or post a product review on the site, including but not limited to images, videos, stories, feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential, and company will have no obligation to keep it confidential (collectively, "submissions"). you retain ownership of your submissions, but you grant company and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers), and transferable license to use, reproduce, modify, adapt, publish, translate, publicly display, distribute, and create derivative works from your submissions, in any media now known or later developed, for any purpose, including advertising and marketing, together with the name, username, image, and likeness you submit with them. to the extent permitted by law, you waive any moral rights or similar rights in your submissions.

notwithstanding the foregoing, if you send company unsolicited ideas, suggestions, or feedback about its products or services (other than product reviews), company will be free to use any ideas, concepts, know-how, or techniques in that feedback for any purpose, including developing, manufacturing, and marketing products, without any obligation or compensation to you.

company welcomes your comments and suggestions on its website and products, but company does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. by submitting information, you represent and warrant that: (a) you own or have all necessary rights to your submissions and to grant the license above; (b) you have obtained consent from each identifiable person shown in or referenced in your submissions to use their name, image, and likeness as described in these terms; (c) your submissions are truthful, reflect your honest opinions and experiences, and do not violate any law or third-party right; and (d) if you received free products, payment, or another incentive related to your submission, you will clearly disclose that in the submission.

company may, but is not obligated to, monitor, edit, or remove any submission at any time, for any reason, in its sole discretion. company does not endorse submissions, and the views expressed in them belong to their authors.

THIRD PARTY SERVICES AND AI TECHNOLOGY

third party services and content. company may use third party service providers to assist in the operation of the Site and delivery of products, including payment processing, shipping, and customer service. Your interactions with these providers may be subject to their own terms and privacy policies.

the website may contain links to, or content from, third party websites, services, or resources that are not owned or controlled by company. you acknowledge and agree that company is not responsible or liable for the availability, accuracy, content, or practices of any third party websites or resources. your use of such third party services and content is at your own risk and subject to the terms and policies of those third parties. company disclaims all liability arising from your use of or reliance on any third party services or content. It is your responsibility to review and comply with any applicable third party terms and conditions.

artificial intelligence and machine learning technologies. the website may include features, services, or content that are powered by, generated by, or facilitated through artificial intelligence ("ai") or machine learning ("ml") technologies. these ai/ml-enabled features may include, but are not limited to, product recommendations, search functionality, virtual try-on or styling tools, chatbots or virtual assistants, personalized content, and image or text generation. your use of ai/ml features is subject to our privacy policy. ai/ml technologies may produce results that are inaccurate, incomplete, or not suited to your particular circumstances. company does not guarantee the accuracy, reliability, or suitability of any ai-generated content, recommendations, or outputs. you should not rely solely on ai-generated information for purchasing decisions or any other purpose. when using any ai/ml feature, you agree not to: (a) attempt to manipulate, bypass, or override the feature's safeguards or instructions; (b) attempt to reverse engineer, extract, or replicate the underlying models, prompts, or data; or (c) use the feature to create unlawful, infringing, harmful, or misleading content. any content generated for you through an ai/ml feature is provided solely for your personal, non-commercial use in connection with the website. information you submit through an ai/ml feature is subject to the "information you submit" section of these terms. company is not liable for any errors, omissions, or consequences arising from the use of ai/ml features on the website.

DISCLAIMERS/LIMITATIONS ON LIABILITY

company publishes information on its website as a convenience to its visitors. while company attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. company reserves the right to make corrections and changes to the website at any time without notice. company products described on the website may not be available in your region. company does not claim that the information on the website is appropriate to your jurisdiction or that the products described on the website will be available for purchase in all jurisdictions.

YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.

YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, ARISING FROM, RELATING TO, AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS.

company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material. reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by company. views and opinions of users of this website do not necessarily state or reflect those of company. users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.

the internet may be subject to breaches of security. company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction, except if caused by company's own negligence. you should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing company any information. company makes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this website. this website may be temporarily unavailable due to maintenance or malfunction of computer equipment.

INDEMNIFICATION

BY USING THIS WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS, OR AGREEMENTS; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY, CONFIDENTIALITY, OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY. HOWEVER, THIS INDEMNIFICATION PROVISION SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIM IS THE RESULT OF COMPANY'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW.

COPYRIGHT NOTICE

if you are a copyright owner and believe that any community content appearing on the website or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to company pursuant to the digital millennium copyright act ("dmca") by providing the following information in writing (see 17 u.s.c. 512(c)(3) for further detail) to the copyright agent named below:

• your name, address, telephone number, and email address;
• a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• the exact url or a description reasonably sufficient to permit company to locate where the alleged infringing material is located;
• 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;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

COPYRIGHT AGENT

10 Hudson Yards, 12th Floor, New York, NY 10001, attn: legal dept., kate spade llc, upon receipt of the written notification as outlined above, company will use good faith reasonable efforts to remove the allegedly infringing material and forward a copy of the written notification to the alleged infringer. the alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person. by this filing, company seeks to preserve any and all exemptions from liability that may be available under the dmca or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 u.s.c. 512c or elsewhere in the law.

LINKING POLICY

if you link to this website, we require that you follow these guidelines. you may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of company. the link to this website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. you may not "frame" this website or alter its intellectual property or material in any other way. you may not link to the website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by company in its sole discretion. company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.

company is not responsible for the content or performance of any portion of the internet including other worldwide websites to which this website may be linked or from which this website may be accessed. users are requested to inform company of any errors or inappropriate material found on websites to which this website is or may be linked.

PROMOTIONS

this website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. it is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. by entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

LOCATION

company operates this website in the united states. information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. if you access this website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.

to the extent any action relating to the use of the website or any transaction with company is not required to be arbitrated or filed in small claims court in accordance with the arbitration agreement, these terms shall be construed and enforced in accordance with the laws of the united states, state of new york, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. in such case, you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in new york, new york for any cause of action relating to or arising under these terms or the website.

VIOLATIONS AND ADDITIONAL POLICIES

company will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. no waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of company. company reserves the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. upon termination of your membership or access to the website, or upon demand by company, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. you are advised that company will aggressively enforce its rights to the fullest extent of the law. company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass company its representatives or any other individual in any manner related to the website.

if any provision of these terms is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. the section titles in these terms are for your convenience only and do not have any legal or contractual effect.

ABILITY TO ACCEPT TERMS

to use the Services, you have to be at least 18 years old. if you are not legally considered an adult where you live, please talk to your parent or legal guardian and ask them for help; only they are allowed to agree to these Terms for you. If you're a parent or legal guardian allowing a minor to use the Services, then you agree these Terms apply to you and that you're responsible for their and your activity on the Services. You are also responsible for any transactions undertaken by you or the minor.

INFORMAL DISPUTE RESOLUTION

we try to address any disputes without the need to initiate a formal legal case. you agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. to initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at TapestryLegal@Tapestry.com of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. you may have a lawyer attend the call with you if you wish. if the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. you and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. a court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS

you and company agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Company or you and a third-party agent of company (a "claim") through final and binding arbitration instead of through court proceedings, in accordance with the consumer arbitration rules of the american arbitration association ("AAA rules"). this arbitration agreement applies to any existing or future claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these terms. the AAA rules are available at www.adr.org or by calling 1-800-778-7879. you and we hereby waive any right to a jury trial of any claim. 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. the parties 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 this agreement. a court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

to begin an arbitration proceeding, after the completion of the informal dispute resolution process, you must send us an individual letter signed by you requesting arbitration and describing your claim at Tapestry, Inc., 10 Hudson Yards, New York, NY 10001, USA, attention: chief legal officer. this letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.

any party to the arbitration may, at any time, serve an offer of compromise in writing upon any other party to the action. offers of compromise pursuant to these terms will be adjudicated and interpreted in accordance with california code of civil procedure section 998.

if you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, company 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. notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. 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 you or company from seeking action by federal, state, or local government agencies. you and company also have the right to bring qualifying claims in small claims court (as defined by the applicable jurisdiction) or transfer qualifying claims to small claims court. either party may elect that a claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. in the event a claim has already been filed in arbitration, the party who has filed that claim will, within ten (10) days of receiving such a notice, withdraw their claim from arbitration. the parties will then proceed with the claim exclusively in small claims court. a party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. in addition, you and company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. 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 company 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. you may not bring claims in arbitration on a class or representative basis. the arbitrator can decide only your and/or company's individual claims.

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. if for any reason a claim proceeds in court rather than in arbitration you and company each waive any right to a jury trial. 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 these terms. 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. this dispute resolution and arbitration agreement section of the terms will survive the termination of your relationship with company. for the avoidance of doubt, the arbitration agreement above applies to any disputes arising out of or related to our text message marketing program, including messages sent by or through our SMS service providers.

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 COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

if twenty-five (25) or more similar claims are asserted against company at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your claim might be delayed. you also agree to the following process and application of the AAA mass arbitration supplementary rules. twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by company. the remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. if the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which company will pay the mediator's fee. if the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Company. (If there are fewer than forty (40) claims remaining, all shall proceed.) the remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. in any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. if the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which company will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your claim, are adjudicated or otherwise resolved. at any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. any applicable statute of limitations on your claims and filing fee deadlines shall be tolled for claims subject to this section regarding "mass arbitration process requirements" from the time claims are selected for the first set of batching proceedings until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. a court of competent jurisdiction shall have authority to enforce this section regarding "mass arbitration process requirements" and, if necessary, to enjoin the filing or prosecution of arbitration demands against company. should a court of competent jurisdiction decline to enforce these "mass arbitration process requirements," you and we agree that your and our counsel shall engage in good faith and with the assistance of a process arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. either party may engage with the AAA to address reductions in arbitration fees.

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