These Terms of Use are effective as of May 2, 2024.
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.
These Terms of Use ("Terms") apply to anyone who visits www.levi.com, www.dockers.com, www.levistrauss.com, Levi’s® SecondHand site (secondhand.levi.com), or Levi’s® mobile app (individually and collectively, the "Website") or who shops or otherwise interacts with us in any of our stores or elsewhere. We also have a Privacy Policy and may have other terms, like our Red Tab® Program Terms and Conditions, legal notices and conditions applicable to various activities on the Website, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of the Website (e.g., contests, promotions or other similar features), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms of Use, be a contractual agreement (the "Terms") between Levi Strauss & Co. ("Levi Strauss & Co." or "LS&Co.") and you.
You must accept the Terms, in full, before using the Website. You can accept the Terms in two ways:
BY USING THE WEBSITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE.
Except as otherwise provided, the Terms are subject to change at any time without notice. Any changes to the Terms are effective upon their posting to the Website.
To view LS&Co.’s Privacy Policy (the "Privacy Policy"), click here. We will not use Personal Information (as defined in the Privacy Policy) or cookies in a way that is inconsistent with the purposes and limitations provided in the Privacy Policy. By accepting these Terms, you hereby consent to (i) LS&Co.’s collection and use of your Personal Information in accordance with the Privacy Policy and these Terms; and (ii) LS&Co.’s placement and use of cookies as described in the Privacy Policy. The Privacy Policy may be updated from time to time at LS&Co.’s discretion and changes will be effective upon posting to the Website.
The Website is the property of LS&Co. and LS&Co. may therefore capture interactions with the Website, in accordance with our Privacy Policy, including your use of the Website. To do so, we use technology that maintains a record of your browsing session, including without limitation, the Facebook pixel. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes. To learn more about Facebook ads, click here. By using the Website and agreeing to these Terms you consent to LS&Co. capturing your interactions with it. If you disagree with this, do not use the Website. Such technology may also include your interaction with video players and other widgets and technology on our Site. By agreeing to these Terms, you agree to the collection and transfer of such browsing session information for the above-stated purposes.
Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we employ reasonable measures to protect your information from unauthorized use or disclosure.
Our Website is owned and controlled by Levi Strauss & Co., and unless otherwise agreed in writing, all materials on our Website, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the "Content" and the Content in the Website "Website Content"), are owned, controlled and/or licensed by LS&Co.
The Website and Website Content are intended solely for personal, non-commercial use. You may download or copy the Website Content and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded or copied Website Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Website Content or the Website for any public or commercial purpose.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of LS&Co. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.
You may use our Website only as permitted by the Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
You agree not to use any "deep-link", "robot", or other automatic or manual device, software, program, code, algorithm or methodology, to access, data mine, extract, “scrape,” “crawl,” “spider,” copy or monitor any portion of the Website or Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Website Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website, including to develop or improve any software program, algorithm or machine learning or artificial intelligence model. We reserve the right to take measures to prevent any such activity.
You agree not to gain or attempt to gain unauthorized access to any portion or feature of the Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, "password-mining" or using any other illegitimate method of accessing data.
You agree not to probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree to not reverse look-up, trace or seek to trace any information on any other visitor to any Website, or any other customer of LS&Co., including any shopping account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to Personal Information or other information that reasonably could be used to connect non-Personal Information to Personal Information.
You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a "Denial of Service" or similar attack.
You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Website or any transaction occurring on the Website, or with any other person’s use of the Website.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
You agree not to advocate, encourage or assist any third party in engaging in any conduct prohibited under this Section.
You may use the Website for the purposes of viewing or shopping for Levi’s® products, and to use any other features and services purposely provided by us on the Website.
While we appreciate your suggestions and comments on how to improve our Website, products and services, it is LS&Co.’s policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g., through a contest or promotional event). Our intent is to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to our Website. Thus, apart from Personal Information collected on or from our Website, which is subject to LS&Co.’s Privacy Policy (see Section 2 above), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Website (a "User Communication") is and will be considered non-confidential and non-proprietary.
You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that LS&Co. shall be under no obligation (1) to maintain any User Communication in confidence; (2) to pay compensation for any User Communication; or (3) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable.
You may submit, upload, or post content you have created, including without limitation, photographs, your social media handle, videos, comments, ratings and reviews (collectively, “User Content”) through the Website, social media or otherwise. By submitting, uploading, or posting User Content, you grant LS&Co. and its third-party service providers who provide content management services (collectively, the “Licensed Parties”), the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner determined by us in our sole discretion, including but not limited to on our webpages, social media pages, and in other marketing, promotional and advertising initiatives, anywhere in the world in any media now or hereafter known. You understand that your User Content may be processed by Licensed Parties located in the United States and elsewhere where the laws may be less protective of your personal information than your local laws. By submitting, uploading, or posting User Content, you understand and agree further that we may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner, and you agree that you have no expectation that we will review, use, acknowledge, or compensate you for the same.
You represent and warrant that any of the User Content you submit or otherwise provide to LS&Co. is original to you, that you own all applicable legal rights in the User Content, that the User Content does not and will not infringe upon the rights of any other person or entity and all “moral rights” that you may have in such User Content have been voluntarily waived by you. You warrant, certify and represent that any individuals depicted in any User Content have reached the age of majority in their respective jurisdiction of residence; and you grant LS&Co. the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalf. If any of the individuals depicted in any User Content are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal guardian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.
In addition to the User Content Rules set forth in Section 6 below, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
If you become aware of any violation of the User Content Rules or other unacceptable behavior by any user, you should report such activity to LS&Co. by emailing: DMCA@levi.com.
If you post information on our Website, you are solely responsible for any User Content that you post on the Website or transmit to other users and agree that you will not hold LS&Co. responsible or liable for any User Communication or User Content from another user that you access on the Website. Moreover, LS&Co. reserves the right to delete any User Content from the Website.
Categories of prohibited User Content are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Content. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe:
You understand that when using the Website, you will be exposed to User Content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
INFRINGEMENT NOTIFICATION
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:
The foregoing information ("DMCA Notice") should be sent to our "Designated Agent" as follows:
Levi Strauss & Co.
Attn: Chief Counsel, Global Intellectual Property
1155 Battery Street
San Francisco, CA 94111
Fax: 415.501.7650
Email: DMCA@levi.com
COUNTER-NOTICE
If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice ("DMCA Counter-Notice") to our Designated Agent (contact information above) containing the following information:
If a DMCA Counter-Notice is received by our Designated Agent, LS&Co. may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) to fourteen (14) business days. Unless the alleged copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the DMCA Counter-Notice, at LS&Co.’s sole discretion. Note that LS&Co.’s policy to address allegedly infringing content on the Website may vary by jurisdiction.
Certain features or services offered on or through the Website may require you to open an account (including setting up an Account ID and password) and to share Personal Information. Apart from the representations made in our Privacy Policy (see Section 2, above) regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account.
You agree to notify LS&Co. immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. You may be held liable for losses incurred by LS&Co. or any other user of or visitor to any of our Website due to someone else using your Account ID, password or account.
You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. LS&Co. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LS&Co. maintains a Responsible Disclosure Policy to identify possible security vulnerabilities identified by third parties. If you believe you have identified a security vulnerability which impacts LS&Co. networks, applications, or data, please document and submit your findings using the webform available at the bottom of our Responsible Disclosure Policy.
PRODUCT DESCRIPTIONS
In describing and portraying our products on our Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Website Content is 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. If a product offered on the Website is not as described, your sole remedy is to return it to us for a refund or credit. Please see our Return Policy for details at www.levi.com or contact our Consumer Relations team at 1-866-860-8907.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.
SHIPPING
When you place an order on our Website, we will ship your order to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions set out on the Website. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
RISK OF LOSS
All items purchased on the Website are made pursuant to a shipping contract. The risk of loss for all items purchased passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
MERCHANDISE AVAILABILITY
Merchandise availability on our Website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You will receive a shipping confirmation email once your items have shipped.
For our Trade-In and Resale Services:
TRADING IN MERCHANDISE
When you trade product in to us using the Website, you agree to follow all instructions, including those provided at https://www.secondhand.levi.com/faq and that all information provided by you is true and correct.
PRODUCT CONDITION
The products available via the Website for the trade-in and resale services are used and may contain varying degrees of wear and aging. If you are not comfortable purchasing used clothing you should not purchase products from the Website.
Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Running or displaying the Website or any Website Content in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply with all applicable federal and state laws, statutes, rules and regulations.
From time to time, the Website may contain links to other websites that are not owned, operated or controlled by LS&Co. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by LS&Co.
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer or cancel opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our Website.
YOUR USE OF THIS SITE AND OUR PRODUCTS IS AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED BY LS&CO. ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent permitted by applicable law, LS&Co. does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or your downloading of any information or materials from the Website. Further, with respect to our trade-in and resale services, while LS&Co. complies with applicable laws and regulations with regard to product safety and hygiene, it is your responsibility to launder any items purchased through the Website to your standards and to the maximum extent allowable by law, LS&Co. will have no liability, including for bodily injury or death, resulting from any LS&Co. product.
IN NO EVENT WILL LEVI STRAUSS & CO. OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, OR THE PURCHASE, USE, OR INABILITY TO USE ANY LS&CO. PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless LS&Co., its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your User Communications and User Content , (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by LS&Co.) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of our Website. To the extent any action relating to the use of the Website, mobile applications, catalogs or any transaction with LS&Co. is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, any dispute arising out of, or relating to, the Terms will be governed by and interpreted and construed in accordance with the laws of the State of California without regard to any principles of conflicts of law.
If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.
Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms. Our rights and remedies under the Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. Except as otherwise described in these Terms, in the event of any controversy or dispute between LS&Co. and you, then the parties may pursue any right or remedy available to them under applicable law exclusively in San Francisco County, California, regardless of whether such claims are permitted to be brought in court, small claims court or arbitration, unless such this venue provision is contrary to any applicable arbitration rule or is determined to be unenforceable, in which case it shall not apply. The availability to pursue any claim in any court is subject to the agreement to arbitrate claims set forth below.
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 help@levi.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.
You and LS&Co. agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and LS&Co. or you and a third-party agent of LS&Co. (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, you must send us an individual letter signed by you requesting arbitration and describing your claim to Levi Strauss & Co.,1155 Battery Street, San Francisco, CA 94111 USA, Attention: Legal Department. This letter must be sent at least five (5) 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, LS&Co. 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 LS&Co. from seeking action by federal, state, or local government agencies. You and LS&Co. also have the right to bring qualifying claims in small claims court 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 LS&Co. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and 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 LS&Co. 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, consolidated, or representative basis. The arbitrator can decide only your and/or LS&Co. 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 LS&Co. 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 Arbitration Agreement Section of the Terms will survive the termination of your relationship with LS&Co.
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 LEVI STRAUSS & CO. 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 LS&Co. 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 Multiple Consumer Case Filing Fee Schedule and 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 LS&Co. 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 LS&Co. 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 LS&Co.. (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 LS&Co. 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 LS&Co. 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.
If you have any questions or concerns about the Terms, call us Toll-Free at 1-800-872-5384; or write to us at:
Levi Strauss & Co.
General Counsel
1155 Battery Street
San Francisco, CA 94111
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