Haggar.com Terms of Use
Effective Date: January 14, 2026
Please carefully read the following Terms of Use before using the haggar.com website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time as set forth herein. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.
This Site is operated by Haggar Clothing Co. ("Haggar Clothing Co."). Throughout the Site, the terms "we", "us" and "our" refer to Haggar Clothing Co. Haggar Clothing Co. offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SITE AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND GOVERN HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. THESE TERMS CONTAIN A CLASS ACTION WAIVER PROVISION THAT REQUIRES THE PARTIES TO RESOLVE ANY AND ALL DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES RELATING TO THE OPERATION OR USE OF THE SERVICE (SECTION 16). FURTHER, AS OUTLINED IN SECTION 16 OF THESE TERMS, YOU AGREE THAT ANY DISPUTE THAT CANNOT BE INFORMALLY RESOLVED BETWEEN US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THE TERMS REFERENCED IN THIS PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED IN YOUR JURISDICTION.
We also draw your attention to Section 14 (Indemnification), which explains your liability to us, and Sections 12 (Disclaimers) and 13 (Limitation of Liability), which explain how we limit our liability to you.
By visiting or otherwise using the Site in any manner, you agree to the then posted Terms of Use, to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. You also acknowledge that you have read, understood and agree with our data practices as described in our Privacy Policy.
Please note that our products available through the Site are currently only available in the United States. We do not market our products to individuals outside of this jurisdiction.
Choose a link to select a section.
Accuracy, Completeness and Timeliness of Information on This Site
Orders, Prohibition on Reselling, and Price
Recurring SMS and MMS / Text Message Marketing Program Terms
Entire Agreement and Admissibility
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
You must be 18 years of age or older or otherwise have reached the applicable age of majority in your applicable legal jurisdiction (as applicable the “Age of Majority”) to purchase any product offered by us through the Site. If you are less than the Age of Majority and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. We do not otherwise knowingly collect Personal Information from anyone under the Age of Majority without permission. By using the Site, you represent and warrant that you have reached the Age of Majority
Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Select product can be found in our Stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Haggar Clothing Co., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Haggar Clothing Co., is expressly prohibited. You also agree that, in using the Site, you will not monitor, gather, copy, or distribute the Site content by using any AI, robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind for any purpose, including, without limitation, training a large language model or similar system. Haggar Clothing Co. reserves the right to refuse or cancel any person's registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Haggar Clothing Co., or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Haggar Clothing Co.'s sole discretion. Haggar Clothing Co. neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Haggar Clothing Co.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Haggar Clothing Co. reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Haggar Clothing Co. may be entitled, at law or in equity.
Haggar Clothing Co. may use AI-powered chatbots and similar features on parts of the Site to provide helpful information. By using this service, you are interacting with an AI platform, not a live person. Please do not input any personal or sensitive information unless you’re directly interacting with a customer support representative. All information you submit is subject to our Privacy Notice and processed by our vendor that supports the AI chat feature. Chat transcripts may be kept for future reference. Use of such chatbots and similar features is for general information only; please understand that information, decisions, advice, or materials provided by or retrieved from the bot have not been reviewed for content or accuracy. These features may have limitations and inaccuracies and thus may not be appropriate for your situation. Note that some technologies used on our website, including AI-powered chatbots, allow us and our vendors to monitor and analyze how visitors use our website to better understand user behavior and improve our Services.
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Haggar Clothing Co. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You grant Haggar Clothing Co. and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site's online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will defend and indemnify Haggar Clothing Co. for all claims resulting from content you supply. Without limiting the foregoing, you acknowledge and agree that Haggar Clothing Co. may, in its discretion, post or otherwise publish materials submitted by you to the Site (including product reviews) publicly on the Site or on Haggar Clothing Co.’s or its affiliates’ social media pages. Please do not post any personal information on a public section of the Site or on the social media pages of Haggar Clothing Co. or its affiliates. We cannot guarantee that personal information you provide in a review or otherwise posted to the Site or our social media pages will not be viewed by unauthorized persons. You understand that, even after removal, copies of personal information you provide in a review or otherwise posted to the Site or our social media pages may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Site users. Haggar Clothing Co. reserves the right to post on the Site, other websites, and social media pages any comments, feedback, product reviews, pictures, suggestions, ideas, and other submissions that you post on our social media pages or provide to us through social media. Haggar Clothing Co. is and shall be under no obligation (a) to maintain any comments, feedback, product reviews, pictures, suggestions, ideas, and other submissions in confidence; (b) to pay to user any compensation for any comments, feedback, product reviews, pictures, suggestions, ideas, and other submissions; or (c) to respond to any user comments, feedback, product reviews, pictures, suggestions, ideas, and other submissions.
Some features that may be available on this Site require registration. By registering at, or otherwise accessing or using the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Haggar Clothing Co. immediately. Haggar Clothing Co. may assume that any communications Haggar Clothing Co. receives under your password have been made by you unless Haggar Clothing Co. receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, "Haggar", "Haggar Clothing Co.", "PNIK”, “Cool 18 Pro”, and “Work to Weekend”. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Haggar Clothing Co.'s express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Haggar Clothing Co.'s express written consent.
You agree that you will not: (i) use the Site for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Haggar Clothing Co.; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever (except to the extent the foregoing restriction is prohibited by applicable law) or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (iv) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Haggar Clothing Co., or other users of the Site; (v) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Site, the Site content, or any user generated content ; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); or (viii) otherwise violate these Terms of Use.
Recurring SMS and MMS / Text Message Marketing Program Terms
Haggar Clothing Co. offers a text message marketing and transactional program (the “SMS/MMS Text Message Program”) for users who want to receive recurring marketing and/or transactional messages via texts to their mobile phone or mobile device number. If you choose to participate in the SMS/MMS Text Message Program, then you may sign up through our “Welcome” pop-up or here. By signing up for and participating in the SMS/MMS Text Message Program, you accept and agree to our Terms of Use and Privacy Policy as well as these Recurring SMS/MMS Text Message Program Terms (the “SMS/MMS Text Message Program Terms”).
Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Haggar Clothing Co. immediately. Haggar Clothing Co. may assume that any communications Haggar Clothing Co. receives under your password have been made by you unless Haggar Clothing Co. receives notice otherwise.
Users who opt into our SMS/MMS Text Message Program consent to receive recurring, ongoing text messages from Haggar Clothing Company and haggar.com. These text messages may be sent by an Automatic Telephone Dialing System (“ATDS” or “autodialer”) and may include marketing, advertising, transactional, and other similar content, messaging, and communication about promotions, sales, discounts, loyalty programs, reward certificates, and other similar opportunities or offers directed to the mobile phone or device number provided when you opt into and join the SMS/MMS Text Message Program.
When opting into the SMS/MMS Test Message Program, you acknowledge and agree that message and data rates may apply. For information about messaging and data rates, please contact your carrier. Haggar Clothing Co. and its affiliates are not responsible or liable for any delays in the receipt of any SMS or MMS messages. Delivery of SMS or MMS messages to your mobile device is subject to effective transmission from your network operator.
Text messages will not be sent to any one mobile number more than three (3) times per day. We adhere to state and federal restrictions when sending messages under the SMS/MMS Text Message Program.
Consent to participate in the SMS/MMS Text Message Program is not required for or a condition of your purchase of Haggar goods from Haggar Clothing Co., its affiliates, or other retailers or marketplaces that sell HAGGAR® branded goods
Information you provide to Haggar through the SMS/MMS Text Message Program will be used by Haggar, subject to our Privacy Policy. That information will not be shared with third parties to enable those third parties to market their goods or services to you.
Participate / Opt In: Our SMS/MMS Marketing Program allows users to receive SMS or MMS mobile messages to their mobile phone or mobile device by affirmatively opting into the SMS/MMS Text Message Program, through online account creation or enrollment or by texting a keyword to the short code associated with the SMS/MMS Text Message Program (the “Short Code”), and confirming your consent to receive recurring text messages from us, and completing the sign-up instructions found in the related text message received. You understand that your consent to participate in our SMS/MMS Text Message Program is not required for or a condition of purchasing goods from Haggar Clothing Co.
Unsubscribe / Opt Out:You can unsubscribe from our SMS/MMS Text Message Program at any time by texting STOP to 53909.
Customer Service: If you have questions about the SMS/MMS Text Message Program, then you can contact Haggar Clothing Co. by phone at (877) 841-2219, by email to customerservice@haggar.com or any time from your mobile phone by texting HELP to 53909.
This Site may contain links to other Web sites, some of which are operated by Haggar Clothing Co. or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Haggar Clothing Co. is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Haggar Clothing Co., its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. Haggar Clothing Co. reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
1507 LBJ Freeway, Suite 100
Farmers Branch, Texas 75234
Or by email at: legal@haggar.com
In order for us to more effectively assist you, the notification must include ALL of the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed;
- Information reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Haggar Clothing Co. to contact you;
- 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; and
- 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 are authorized to act on behalf of the copyright owner.
Haggar Clothing Co. is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. HAGGAR CLOTHING CO. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAGGAR CLOTHING CO. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. HAGGAR CLOTHING CO. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HAGGAR CLOTHING CO. NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, HAGGAR CLOTHING CO.'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HAGGAR CLOTHING CO., ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER HAGGAR CLOTHING CO. NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDER SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH HAGGAR CLOTHING CO. IS TO DISCONTINUE YOUR USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION IS NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, OUR MAXIMUM LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500).
You agree to indemnify, defend and hold harmless Haggar Clothing Co. and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising directly or indirectly out of or resulting from (1) your use of the Site and any violation of these Terms of Use, (2) your actual or alleged violation of a third party’s intellectual property or proprietary rights, (3) materials you provide to or transmit through the Site, or (4) your actual or alleged violation of applicable foreign or domestic laws or regulations. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Haggar Clothing Co. reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Haggar Clothing Co. in the defense of such matter.
This Site is controlled and operated by Haggar Clothing Co. from its offices in Texas, United States of America. Haggar Clothing Co. makes no representation that materials on the Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
EXCEPT TO THE EXTENT OF ANY APPLICABLE NON-EXCLUDABLE LAWS (INCLUDING APPLYING THE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA TO CALIFORNIA ARBITRATIONS), THE VALIDITY AND PERFORMANCE OF THESE TERMS OF USE OR ANY OTHER CLAIM BROUGHT BY YOU AGAINST HAGGAR CLOTHING CO. OR BY HAGGAR CLOTHING CO. AGAINST YOU SHALL BE GOVERNED BY TEXAS LAW (WITHOUT REFERENCE TO CHOICE OF LAW PRINCIPLES), AND APPLICABLE FEDERAL LAW. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION WILL BE RESOLVED ON AN INDIVIDUAL BASIS EXCLUSIVELY IN THE STATE OR FEDERAL COURTS OF TEXAS AND THE UNITED STATES, RESPECTIVELY, WITH VENUE IN THE STATE COURTS SITTING IN DALLAS COUNTY, TEXAS AND FEDERAL COURTS SITTING IN DALLAS COUNTY, TEXAS.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. YOU UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Informal Dispute Resolution
Prior to initiating any formal legal action, you must first provide Haggar Clothing Co. with written notice of your dispute by email at privacy@haggar.com. The notice of dispute must contain enough information for us to identify all relationship(s) that you have with Haggar Clothing Co. and to attempt to resolve your claim, including (a) your name; (b) the email address(es) that you used when using the Site (if any); (c) your mobile telephone number; (d) your residential address; (e) an explanation of the facts of the dispute as you understand them and supporting information; and (f) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking.
During the 60 days following the date your notice of dispute is received by Haggar Clothing Co., you and we agree to engage in good faith efforts to resolve the Dispute informally and you will not initiate any legal action during this period. You and we agree to toll any statutes of limitations that may apply, along with any filing deadlines during this 60-day time period. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph.
Class Waiver
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND HAGGAR CLOTHING CO. AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND HAGGAR CLOTHING CO. AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A COLLECTIVE ACTION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
If there is a final determination that applicable law precludes enforcement of the Class Waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Agreement to Binding Individual Arbitration
In the unlikely event that an agreed upon solution is not reached within sixty (60) days from the date your notice of dispute is received (and the parties do not agree to extend the period), you and we agree that any disagreement between you and Haggar Clothing Co. regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services (collectively, “Dispute”) will be resolved entirely through binding individual arbitration in Dallas County, Texas or the location of the registered user, or as we and you otherwise agree in writing. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. This Agreement also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Haggar Clothing Co., or third party if Haggar Clothing Co. could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and we agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.
Except in the event of a Mass Arbitration (as defined below), You and Haggar Clothing Co. agree to meet and confer to select a neutral arbitrator. If we are unable to agree on an arbitrator or arbitration firm, you and Haggar Clothing Co. agree that the Dispute shall be submitted to binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by these Terms, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.
WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You and Haggar Clothing Co. agree that the terms of this Agreement affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. You and Haggar Clothing Co. agree that for any arbitration you initiate, you will pay the filing fee and Haggar Clothing Co. will pay the remaining arbitration provider’s fees and costs. For any arbitration initiated by Haggar Clothing Co., Haggar Clothing Co. will pay all of the arbitration provider’s fees and costs. You and Haggar Clothing Co. agree that the state or federal courts of the State of Texas and the United States sitting in Dallas County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Notwithstanding the forgoing, this Agreement shall not require arbitration of the following Disputes (i) qualifying individual Disputes in small claims court in the county of your or Haggar Clothing Co.’s billing address. and/or (ii) injunctive or other equitable relief in a court of competent jurisdiction in Texas for the alleged unlawful use of intellectual property.
Mass Arbitrations
In the event twenty-five (25) same or more similar Disputes sharing common issues of fact or law are asserted against Haggar Clothing Co. at or around the same time by the same or coordinated counsel or are otherwise consistent or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that the JAMS Mass Arbitration Procedures and Guidelines shall apply.
Further, if your Dispute is part of a Mass Arbitration, you agree that Haggar Clothing Co., in its sole discretion, may elect to opt your Disputes out of arbitration and require the Dispute to proceed in a court of competent jurisdiction in Dallas County, Texas consistent with the remainder of this Agreement, including the class and collective action waiver.
Termination of Rights
ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND HAGGAR CLOTHING CO. WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
30 Day Opt-Out Right
You have the right to opt out and not be bound by the binding arbitration by sending an email to privacy@haggar.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15 of this Agreement (Jurisdiction, Applicable Law). The opt-out notice must be sent within 30 days from the date you first accepted the terms of this Section.
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes.
In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this Site and the revised Terms of Use will take effect thirty days after their publication on this Site.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Haggar Clothing Co. with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
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