CK Terms and Conditions for 225846


Calvin Klein Mobile Program

The following terms and conditions (the “Terms”) govern your use of the Calvin Klein Mobile Service (the “Program”) in the United States, provided to you by PVH Corp. (“we” and “us”), parent company of Calvin Klein, Inc., owner of the Calvin Klein brand. Your use of any aspect of the Program will constitute your agreement to comply with these terms and conditions. By joining, you represent and warrant that you: (i) have the right, authority, and capacity to consent to these Terms in their entirety; (ii) have read, understand, and agree to all of these Terms; and (iii) are over the age of majority in your state of residence.

We reserve the right, in our sole discretion, to modify these Terms at any time with or without advance notice. You can always find the most recent version of these Terms at the website. To the fullest extent permitted under applicable law, your continued participation in the Program after modification constitutes your acceptance of these Terms as modified. We may, in our sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Program, temporarily or permanently, including the availability of any features of the Program, at any time with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Program.


1. Opt Out and Help


Opt Out

To opt out of the service, please send the words

STOP to 225846

You will receive a final confirmation message stating that you have been unsubscribed. Please allow a reasonable time period to process your request.

Help

For help with the Program, please send the words

HELP to 225846

Contact customer support at (866) 214-6694 or email calvinkleincustomerservice@pvh.com.


2. The Program


We offer through the Program text messages delivered to your mobile phone. Upon submission of your opt in, you will receive a text message confirming your subscription. Your text message will constitute agreement to comply with these terms and conditions. We will send no more than ten text messages per month.


3. To Join / Eligibility


We are pleased to offer you mobile text alerts. Please feel free to join the Program to receive our alerts through your wireless device. You can opt in to receive messages by texting the appropriate code noted at retail shops. Only legal residents of the 50 United States (including the District of Columbia), Puerto Rico and Canada may enroll in the Program. Those residing outside of the foregoing jurisdiction are not permitted to enroll. You are required to provide true, accurate, and complete information about yourself as prompted by the enrollment form or the messages you receive via text during the opt-in process. You acknowledge and agree that we will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about the Program. If we have reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, we may suspend or terminate your enrollment in the Program.


4. No Charge for the Program by Us, but Carrier Charges may apply


We do not charge for providing you with the Program. However, please check your wireless service plan, as your mobile carrier may charge you for text messages. Standard message and data rates may apply, and charges are billed by and payable to your mobile service provider. Supported carriers include AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - Syringa, Rina - UBET, Rina - Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless.. You are solely responsible for acquiring any hardware, software, wireless access, Internet access, and other items required for you to participate in the Program, and any associated fees, charges, and expenses.

T-Mobile is not liable for delayed or undelivered messages.


5. Offer Terms


The following standard terms apply: (i) offer cannot be combined with associate discount; (ii) one redemption per person, per store, per day; (iii) not valid on gift cards; (iv) not redeemable for store credit or cash; (v) customer must present coupon at time of purchase to receive the special offer. Certain other restrictions may apply. Please see store associate for details. Terms subject to change.


6. Privacy


Please see our Privacy Policy at

http://www.pvh.com/privacy_policy.aspx


7. Proprietary Rights


All ownership rights and title in and to the Program are owned by us or our licensors and are protected under applicable copyrights, trade-marks and other proprietary (including, without limitation, intellectual property) rights and international treaties. Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the Program, or any portion therein, including, without limitation, any text messages, content, or other aspect of the Program, without our prior written permission. All rights not expressly granted to you through these Terms are retained by us. Nothing in these Terms grants to you any right to use any of our or any other third party's trade-marks, service marks, logos, domain names or other indicia of origin.


8. User Conduct


You agree that you will comply with all applicable local, state, national and any other laws, regulations and other legal requirements that relate to your participation in the Program. In addition, in participating in the Program, you agree, without limitation:

• not to use the Program in breach of these Terms;

• not to disrupt or interfere with the security of, or otherwise abuse, the Program, or any part of the Program;

• not to attempt to obtain unauthorized access to the Program or portions of the Program that are restricted from general access;

• not to use the Program in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights; and

• to comply with any other requirements, restrictions or limitations imposed by us from time to time.


9. Content


You agree not to modify the format or branding of the content provided in the Program or to add any materials, including any advertisements or other promotional content, to such content. The Program and content part of the Program is owned by us, our affiliates, or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the content or the Program except as expressly provided for in this Agreement.


10. Disclaimer of Warranties / Limitation of Liability


This program, in whole and in part is provided on an "as is" and "as available" basis, without express or implied warranties of any kind, including, without limitation, warranties of title, implied warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the Program and the results and performance thereof. In no event and under no cause of action, including, without limitation, negligence, shall we, our affiliates or any of our respective officers, directors, members, employees or authorized agents, vendors or service providers (collectively, the " parties") be liable for any damages, claims, expenses, losses or liabilities (including without limitation, direct, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused and under any theory of liability, arising from or in connection with the Program and/or these Terms, even if we are advised of the possibility of such damages, claims or losses. Without limiting the generality of the foregoing, we shall not be liable to you or any third party for: (a) your use of or inability to use the Program; (b) any messages or the content of any messages provided to you; (c) any goods, services or information purchased, received, sold or paid for in connection with the Program; (d) disputes between you and us; (e) any inaccuracy, incompleteness or misinformation contained in any information provided through the Program; (f) unauthorized access to, or alteration or loss of, your transmissions or data, or other information that is collected, stored or sent in connection with the Program; (g) errors, system down time, network or system outages, file corruption or service interruptions; or (h) any other use by you of the Program. Your sole remedy under these Terms shall be to discontinue any use of the Program. Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.


11. General Terms


(a) Notices. You agree that we may provide you with notices and other disclosures in connection with the Program by text message, postings on the website or other reasonable means of communication. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.

(b) Waiver. Our failure to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.

(c) Entire Agreement. The Terms (including the Privacy Policy incorporated into these Terms by reference) constitute the entire agreement between us with respect to your use of this Program.

(d) Indemnification. To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold us harmless from any loss, liability, claim, or demand, including, without limitation, costs and reasonable legal fees, due to, in connection with or arising out of your use of the Program or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity.

(e) Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(f) Disputes. To the fullest extent permitted by law, you agree that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms or the Program will be governed by and construed under the laws of the State of New York, excluding only its conflict of law provisions; (ii) to the fullest extent permissible by law, any and all disputes, claims and causes of action arising out of or in connection with these Terms or the Program shall be resolved individually, without resort to any form of class action, exclusively within the federal and state courts of New York County, New York and you waive any jurisdictional venue or inconvenient forum objections to such courts; (iii) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of the Program, but in no event will legal fees be due or payable; and (iv) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

(g) Assignment. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. We reserve the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.