Terms & Conditions

 

Choose a link to select a section.

Terms of Use

Accuracy, Completeness and Timeliness of Information on This Site

Orders, Prohibition on Reselling, and Price

Product Information

Use of Material on the Site

Material You Submit

Conduct on the Site

Recurring SMS and MMS / Text Message Marketing Program Terms

Links

Trademarks and Copyrights

Infringement Notice

Disclaimers

Limitation of Liability

Indemnification

Applicable Law

Disputes

Commencing Disputes

The Arbitration

Class Action Waiver; No Consolidation of Arbitral Claims

Changes to These Terms of Use

Entire Agreement and Admissibility

Severability

How to Contact Us

 

Your Use of This Site Is Governed By An Agreement To Arbitrate Disputes. You Agree To Submit All Disputes Concerning This Agreement, Your Use of This Web site, and Any Products or Services You Purchase Through the Web site To Confidential, Binding Individual Arbitration, And You Agree To Give Up Your Right To Represent Other Persons In A Class Action or Similar Proceeding.

 

Terms of Use

Please carefully read the following Terms of Use before using the haggar.com web site (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. 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.

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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.

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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.

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Product Information

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.

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Use of Material 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. 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.

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Material You Submit

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.

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Conduct on the Site

Some features that may be available on this Site require registration. By registering at, and in consideration of your use of, 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.

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Recurring SMS and MMS / Text Message Marketing Program Terms

Haggar Clothing Co. offers a text message marketing program (the “SMS/MMS Marketing Program”) for users who want to receive recurring marketing messages via texts to their mobile phone or mobile device number. If you choose to participate in the SMS/MMS Marketing Program, then you may sign up through our “Welcome” pop-up or here. By signing up for and participating in the SMS/MMS Marketing Program, you accept and agree to our Terms of Use and Privacy Policy as well as these Recurring SMS/MMS Text Message Marketing Program Terms (the “SMS/MMS Marketing 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 Marketing 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 Marketing Program.

When opting into the SMS/MMS Marketing 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 Marketing Program.

Consent to participate in the SMS/MMS Marketing 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 Marketing 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 Marketing Program, through online account creation or enrollment or by texting a keyword to the short code associated with the SMS/MMS Marketing 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 Marketing 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 Marketing Program at any time by texting STOP to 53909.

Customer Service: If you have questions about the SMS/MMS Marketing Program, then you can contact Haggar Clothing Co. by phone at (877) 841-2219, by email to customerservice@haggar.com or through https://www.haggar.com/contactus, or any time from your mobile phone by texting HELP to 53909.

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Links

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.

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Trademarks and Copyrights

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.

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Infringement Notice

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 phone at: 214.352.8481

In order for us to more effectively assist you, the notification must include ALL of the following:

  1.          A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
  2.          A description of the copyrighted work you claim has been infringed;
  3.          Information reasonably sufficient to locate the material in question on the Site;
  4.          Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Haggar Clothing Co. to contact you;
  5.          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
  6.          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.

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DISCLAIMERS

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.

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LIMITATION OF LIABILITY

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. YOU AND HAGGAR CLOTHING CO. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 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.

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Indemnification

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 or resulting from your use of the Site and any violation of these Terms of Use. 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.

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Applicable Law

The laws of the State of Texas govern these Terms of Use and your use of the Site, We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Texas and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

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Disputes

Haggar Clothing Co., including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the Site, or to any products or services sold or distributed by us or through the Site, including disputes concerning the scope or applicability of this agreement to arbitration ("Disputes"), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms of Use became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court. Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to represent, in a class action or otherwise, anyone but ourselves.

The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, and federal arbitration law apply and govern the interpretation and enforcement of this Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

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COMMENCING DISPUTES

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. During the first 45 days after we receive your notice (the "Pre-Arbitration Period"), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this Agreement. The JAMS Rules are available at at http://www.jamsadr.com/rules-streamlined-arbitration/ www.adr.org or by calling 1-800-352-5267.

Arbitration firms ordinarily charge fees to both sides to conduct arbitrations. The claimant in arbitration heard by JAMS has to pay $250 or the then current fee to start a case, whether the claimant wins or loses. In the event you commence arbitration for an amount less than $10,000, after we receive notice that you have done so, we will reimburse you for your payment of this filing fee and we will pay JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator's services, pursuant to the JAMS Rules. We will not seek to recover the filing fee we reimbursed to you unless the arbitrator determines that you brought your claim frivolously or for an improper purpose.

Each of us may incur attorneys' fees during the arbitration. Each of us will bear our own attorneys' fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys' fees, the prevailing party may seek fees as applicable law permits. If applicable law does not permit a prevailing party to recover its attorneys' fees, but you prevail in the arbitration and win an award at least 25% greater than our highest pre-arbitration settlement offer, then we will pay your reasonable attorneys' fees for time reasonably expended at rates that prevail for attorneys in your home county, in an amount not to exceed the greater of $10,000 or 20% of the arbitrator's damages award to you. If we prevail in the arbitration, we will seek to recover our reasonable attorneys' fees and reimbursement of arbitration costs only if applicable law permits a prevailing party to seek fees or if the arbitrator finds that you brought a claim frivolously or for an improper purpose and applicable law does not preclude us from seeking our fees and costs.

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THE ARBITRATION

The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the JAMS Rules.

If your claim is for $10,000 or less, we agree, pursuant to the JAMS Rules, that the dispute should be resolved without an oral hearing, unless the arbitrator requests otherwise. Any in-person hearing for a claim of less than $10,000 must be conducted in Dallas, Texas. If your claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the JAMS Rules.

Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions. The arbitrator's decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

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CLASS ACTION WAIVER; NO CONSOLIDATION OF ARBITRAL CLAIMS

We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons' claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in Dallas County, Texas.

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Changes to These Terms of Use

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.

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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.

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Severability

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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How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by:

Calling us at:                          214-352-8481

Or through the internet at:    https://www.haggar.com/home

Thank you for visiting our Site.

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