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Terms of Use

LONGCHAMP USA, INC., (“LONGCHAMP”) TERMS OF USE

Effective immediately- Last revised March 2013

Thank you for visiting longchamp.com. Your access to and use of this website (the “Site”) and your purchasing products through this Site (the “Services”) is exclusively governed by these Terms of Use (the “Terms of Use”).  Please take some time to read the following Terms of Use carefully before using the Site. BY ACCESSING OR USING THE SITE OR PURCHASING PRODUCTS THROUGH THIS SITE OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree or cannot comply with all of these Terms of Use, you must exit the Site. Longchamp may, from time to time, modify, make changes or alterations the Site, the Services and data or content included on the Site, including, but not limited to the Terms of Use, without prior notice. You are responsible for reviewing the Site, including the Terms of Use from time to time, particularly each time you use Longchamp’s online store. Your continued use of the Site or Services after modifications or changes have been made shall constitute your acceptance of such modifications or changes.

COMMUNICATION
As part of the Site and/or Services you agree to receive a series of ongoing communications regarding the Site and/or Service.  Upon receipt of this communication you will have the right to opt-out or unsubscribe.

COPYRIGHT
Longchamp owns or holds the rights to all content included on the Site: including, but not limited to, all texts, graphics, logos, images, characters, audio clips, wallpaper, artwork, button icons, digital downloads, music and data compilations (the “Content”). All Content is the copyrighted material of Longchamp and is protected by United States and/or international copyright, trademark and other applicable laws.  You have permission to print hard copies or electronically copy pages from this Site only for personal, non-commercial purposes, and provided that you do not modify any of the Content and you do not remove any of Longchamp’s trade marks or trade names. Without a written agreement from Longchamp, you may not modify, copy, upload, download, display, re-publish, reproduce or transmit any part of the Site or the Content for redistribution or commercial use. You may also not link or use frames from this Site without written consent. Any attempt to copy or reproduce part of or the entire Site without written permission from Longchamp is strictly forbidden

TRADEMARKS
All graphics, logos, page headers, button icons, page headers, button icons, scripts and service names, included or made available on the Site, including but not limited to the name LONGCHAMP and the horse mark, are the trademarks or trade dress of Longchamp.  Longchamp’s trademarks or trade dress cannot be used by you without the prior written agreement of Longchamp. Any third- party trademarks that appear on our Site are property of their owners who may or may not be connected or affiliated with Longchamp, but have given their consent to Longchamp. Without the prior written consent of Longchamp, and if applicable the third party, you cannot use the third party’s trademarks or trade dress.

VIRTUAL PATENT MARKING
Please click here to learn more about Longchamp’s patented products.

PRIVACY POLICY
Please click here to see our Privacy Policy.  The Privacy Policy is included within these Terms of Use and incorporated by reference.

USER CONTENT
With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Site or Service(s) ("User Content") is your responsibility and Longchamp assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, sms, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Site or Service(s). You agree that any User Content that you post or upload to the Site shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or any form of “spam”.  Longchamp reserves the right (but not the obligation) to remove or edit such User Content but Longchamp does not regularly review such content.

Any designs, suggestions, ideas or comments sent to us (“Ideas”) will be considered non-confidential information. This information becomes the property of Longchamp upon your submission and Longchamp shall have, without any further action by you or compensation to you, the absolute right to use, reproduce, modify, display, transmit and distribute it for any purpose. We will not use your name in connection with these Ideas unless we are required by the law to identify the source or unless we obtain your permission.

PURCHASE OF PRODUCT AND PRICING INFORMATION
Longchamp has made every effort to display the products and their colors as accurately as possible on our Site. Because of the  color resolution on different monitors, we cannot guarantee that the user’s monitor will accurately portray the actual product colors. Longchamp has the right to change product pricing at any time and may display discontinued or out of stock items on our Site. We are also not responsible for typographical pricing errors. Prices on our website are in U.S dollars and applicable taxes must be paid by the purchaser, which do not include the shipping fees on this Site. By submitting your order you are representing to use our product for household use only and not for commercial resale. We reserve the right to limit order quantities or reject orders at our discretion, at any time. We will deliver our products you purchased on this Site to the 48 continuous states as well as Alaska, Hawaii and Puerto Rico. The shipping carrier that we use is UPS. Longchamp cannot accept cancellation to orders or returns except as specified in our Cancellations & Return Polices or required by applicable law.

ERRORS AND INACCUREACIES
Our goal with the Site is to provide up-to-date, complete and accurate information, however the Site may contain typographical mistakes, omissions or inaccuracies some of which may be related to availability and pricing and may relate to orders after they have been submitted. Longchamp shall not have any liability for errors or inaccuracies described under this section.

DISCLAIMERS
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SITE AND/OR THE SERVICE(S) IS AT YOUR SOLE RISK. LONGCHAMP AND ITS AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR SERVICE(S) AND YOUR USE THEREOF. LONGCHAMP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE AND/OR THE SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LONGCHAMP’S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE SITE AND/OR SERVICE(S), (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE SITE AND/OR THE SERVICE(S), AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE(S). LONGCHAMP DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE SITE, SERVICE(S), ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND LONGCHAMP WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

Some or all of the above limitations may not apply to you as some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages.

LIMITATION OF LIABILITY
IN NO EVENT WILL LONGCHAMP OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY’S USE OF THE SITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR SITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS SITE OR ANY LINKED SITE, EVEN IF LONGCHAMP IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LONGCHAMP AND LONGCHAMP’S AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

APPLICABLE LAW
The laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Longchamp regarding your visit to and use of the Site, your use of the Services or these Terms of Use. You agree that any and all claims arising out of use of this Site and/or the Service will be tried in the State of New York and the New York courts in New York County will have exclusive jurisdiction and venue and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use.

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