These Terms of Use are effective as of March 22, 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.

The Terms of Use (or "Terms") are comprised of all subsections on this page, including the Coach Insider Terms of Use and the Coachtopia Passport and NFC Terms of Use.

Copyright information

Tapestry, Inc. ("Coach") is the owner of the Coach brand. Coach owns www.coach.com (the "Site"). Coach owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). The Content and Code of the Site is protected by copyright. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Coach. You may not use the Content or Code from the Site for any purpose other than those set forth above. All names, logos and trademarks which appear on the Site are the property of Coach or are used by Coach under license. You may not use any of the foregoing for any purpose without the prior express written permission of Coach. Your failure to comply with these Terms of Use will constitute breach of contract and will violate Coach's copyright, trademark and other proprietary and industrial property rights. You may print in hard copy portions of this website with the sole intent of placing an order with Coach or for keeping store location, hours or phone number information. The use of any such material for any other reason, on any other website, or the modification, distribution, or republication of this material without prior written permission from Coach is strictly prohibited.

Use of the Site

These Terms of Use govern the Site, and all sites of the affiliates of Coach. By using the Site, you expressly accept and agree to abide by all provisions set forth herein. Do not use the Site if you do not accept and agree to the Terms of Use. Unless otherwise referenced herein, any reference to "Coach" shall include Tapestry, Inc. and all of its affiliates. 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 Coach asks that you do not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.

Coach may at any time revise the Terms of Use by updating this page. Any changes to the Terms of Use are effective upon their posting to the Site.

You also may be subject to additional Terms of Use that are applicable to certain parts of the Site. Coach may terminate the Terms of Use and deny you access to the Site at any time, immediately and without notice, if in Coach's sole discretion you fail to comply with any provision of these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between Coach and you as a result of this Agreement or your use of the Site.

The failure of Coach to exercise or enforce any right, or provision of these Terms of Use, shall not constitute a waiver of such right or provision.

No License

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Coach, its affiliates or any third party.

Use of Information Submitted by You

NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE SITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR COACH PRIVACY POLICY, AVAILABLE AT HTTPS://WWW.COACH.COM/SUPPORT/PRIVACY-POLICY, FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.

If you respond to Coach with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Coach, and your submission of information shall constitute an assignment to Coach of all worldwide rights, titles and interests in such information. Coach will not be liable for any use or disclosure of such information. Coach will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Coach will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

Coach welcomes your comments and suggestions on its Site and products, but Coach does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that Coach may publish such information, use it as part of its operations, and incorporate its concepts in Coach products without liability.

Product and Pricing Information

The information on this Site does not constitute a binding offer to sell products described on the Site. Coach reserves 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. Although Coach has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and Coach cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Coach is not responsible for typographical errors regarding price or any other matter. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States and Canada cannot be filled.

Disclaimers and Limitations of Liability

Coach publishes information on its Site as a convenience to its visitors. While Coach attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. Coach reserves the right to make corrections and changes to the Site at any time without notice. The Coach products described on the Site may not be available in your region. Coach does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

Coach operates this Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. You assume all responsibility and risk with respect to their use of the Site.

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COACH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. COACH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. COACH DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. COACH DOES NOT HAVE ANY DUTY TO UPDATE THE SITE OR MODIFY THEIR CONTENT OR CODE, AND TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COACH SHALL NOT BE LIABLE FOR ITS FAILURE TO UPDATE SUCH INFORMATION. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED ON THE SITES BEFORE RELYING UPON IT.

COACH MAKES NO WARRANTIES OF ANY KIND REGARDING ANY NON-COACH WEBSITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THE SITE. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND COACH MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH NON-COACH SITES.

IN NO EVENT SHALL COACH, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE. THE FOREGOING LIMITATION OF LIABILITY ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Coach reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.

Gift Card Disclaimer

Coach reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.

Indemnification

To the maximum extent allowable by law, you agree to indemnify, defend and hold harmless Coach and its affiliates and its officers, directors, attorneys, 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. Coach 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 Coach in the defense of such matter.

Severability

If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Governing Law

To the extent any action relating to the use of the Site, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) or any transaction with Coach 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 such action shall be filed in a court of competent jurisdiction in New York and governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision.

Informal Dispute Resolution

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 TapestryLegal@Tapestry.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.

Arbitration Agreement & Waiver of Certain Rights

You and Coach agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Coach or you and a third-party agent of Coach (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, after the completion of the Informal Dispute Resolution process, you must send us an individual letter signed by you requesting arbitration and describing your claim at Tapestry, Inc. 10 Hudson Yards, New York NY 10001, USA, Attention: General Counsel. This letter must be sent at least ten (10) 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, Coach 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 Coach from seeking action by federal, state, or local government agencies. You and Coach also have the right to bring qualifying claims in small claims court, as defined by the applicable jurisdiction, 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 Coach retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. 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 Coach 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 or representative basis. The arbitrator can decide only your and/or Coach's 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 Coach 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 Coach

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 TAPESTRY, INC., ITS SUBSIDIARIES OR AFFILIATES 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 Coach 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 Mass Arbitration 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 Coach. 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 Coach 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 Coach. (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 Coach 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 Coach 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.

Entire Agreement and Admissibility

The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Coach 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.

Changes to the Terms

Coach may at any time revise these Terms at any time. Any changes to these Terms are effective upon their posting to the Site.

Coach Insider Terms Of Use

Membership

Coach Insider (the "Program") is a customer loyalty program that is offered by Tapestry, Inc. and its affiliated entities through the Coach brand's Coach Retail and Outlet stores and Coach Retail and Outlet ecommerce sites ("Coach" or the "Company) to eligible customers in the United States and Canada. Customers that successfully enroll to participate ("Members") have a Coach Insider account ("Account" or "Membership"). Members receive rewards online and in Coach Retail and Outlet stores. Coach may also extend additional rewards and offers to Members from time to time. By participating in the Program, all Members accept the Coach Insider Terms of Use (the "Insider Terms"), and also agree to incorporate into the Insider Terms the Coach Privacy Policy ("Privacy Policy"), available at https://www.coachoutlet.com/privacy.html or https://www.coach.com/support/privacy-policy, and the entirety of these Terms of Use. To the extent that any conflicts exist between the Insider Terms and the Privacy Policy or Terms of Use, the Insider Terms will control.

IT IS THE RESPONSIBILITY OF THE CUSTOMER TO READ THESE INSIDER TERMS. CUSTOMERS THAT DO NOT AGREE TO THE ABOVE SHOULD NOT PARTICIPATE IN THE PROGRAM. MEMBERS ARE RESPONSIBLE FOR ALL TAX LIABLITY ASSOCIATED WITH PARTICIPATION IN THE PROGRAM.

Eligibility & Enrollment

Customers from the U.S and Canada that are 18 years or older may participate in the Program. Selected U.S. states or Canadian provinces may have a higher age of majority to accept the Insider Terms. Participation in the Program is free and limited to individuals. No individual may have more than one Account. A valid email address is required to participate in the Program.

Customers that are identified as participants in the bulk buyer program are not eligible to participate in the Program.

Customers can create accounts in person at Coach Retail and Outlet stores across the U.S. and Canada or online at https://www.coachoutlet.com, https://www.coach.com, https://ca.coach.com or https://ca.coachoutlet.com/en (collectively, the "Websites"). All information that is provided as part of the enrollment process must be accurate and truthful. Customers that refuse to provide the required information or that do not provide accurate information may be denied the ability to create an Account. In the event that information provided at enrollment is no longer accurate, Members can and should update their information within their Account settings.

Program Rewards

The Program offers rewards to all participating Members. Members must be opted in to receive marketing emails from Coach if they would like to receive updates when new rewards are offered to them. Members that are not opted in to receive marketing from Coach can view their current rewards while logged into their Account. Rewards, including, but not limited to, products or events are available on a first come first served basis and may be subject to limitations. Rewards are subject to change, alteration, substitution, or termination by Coach in its sole discretion at any time.

The following terms and conditions will apply to the following Program rewards:

Birthday reward – Members may receive a birthday surprise to be used in-stores and online during their birthday month. Members are limited to a single reward. In order to receive this reward, Members must have a valid birth month on file with Coach.

Early Access – Members may be provided with the ability to purchase a limited number of Coach products before the general public can purchase them.

Insider Exclusive Products – Members may have access to products that are not then-available to non-Members. Exclusive Member product is subject to availability and there is no guarantee that all Members will be able to purchase Member exclusive product.

Personalized rewards – Members may be provided with personalized rewards and limited-time offers. Specific terms around redemption will apply to personalized rewards.

Insider Events – Members may receive invitations to Member events. The ability for Members to attend Insider Events is subject to availability.

Gift with Purchase – While supplies last, Members may be provided with gifts at purchase and other surprises throughout the year.

Easy Returns – Members may return purchases in person at standalone Coach Outlet and Coach Retail store locations. Returns cannot be made at other retailers including, but not limited to, department stores that may have a Coach display or kiosk.

Charitable Giving – From time-to-time throughout the year, as announced by Coach, Coach will donate a designated portion of the sales of merchandise to Members.  Details of each charitable event will be made available to Members at the launch of each such event.  Tapestry, Inc. partners with ShoppingGives to provide Members with the opportunity to support a cause when you purchase certain Coach products, or add a donation to support a charitable cause at checkout. Donations based on purchases are made by Tapestry, Inc., and are therefore not tax-deductible donations of the customer.  All donations first go to ShoppingGives Foundation, a 501(c)(3) charitable organization. Except in rare circumstances, ShoppingGives Foundation will then make a grant to the charitable organization either set by Tapestry, Inc. or selected by you, when applicable. To learn more about how ShoppingGives Foundation makes grants to recommended grantees, when ShoppingGives Foundation may choose to reassign funds to another charitable grantee, or how long it takes for a recommended grantee to receive the grant, please see ShoppingGives Terms and Conditions.  Coach reserves the right to reject donation requests on bulk purchases or fraudulent purchases.

Special Moments Reward – Members may receive a surprise to be used in-stores and online or a gift with purchase during the month of their "Special Moment." Members can provide the date of a special moment or special occasion in your life, in addition to your birthday. Coach will help make it more memorable with a special treat. Special moment rewards can only be redeemed once per year. Check out your Coach Insider dashboard during the month of your special moment for more details. Members must have the Special Moment month and description on file with Coach. Additional terms and conditions may apply.

Complimentary Customization – Members are entitled to customize two (2) customization-eligible products per year, based on the date the Member joined the Program, with up to $125 worth of embellishments or digital printing per product.  This reward is available only in those Coach Retail stores that offer customization services and will soon be available on Coach.com.  In order to qualify for this reward, Members that are online shoppers must be logged into their Account during checkout and Members that are shopping in a Coach Retail store must notify the store associate prior to the completion of the transaction.

Insider Ideas – Coach may periodically enable a polling/survey feature visible only to Members to enable to Coach to seek input regarding the Program and potential changes, improvements or rewards. We want to know your opinions and want your feedback regarding the Program. Coach may choose to offer incentives for participation in such polls/surveys from time to time at its sole discretion. To participate in any such poll or survey, Members must be logged into their Account on one of the Websites.

Coach reserves the right to change the rewards and Program at any time, in its sole discretion. Additional terms specific to certain rewards may apply.

Identification At Check Out

Members must be logged into their Account when making purchases online, or provide store associates with the email that is associated with their Account when shopping in Coach Retail or Outlet stores, in order to have Membership benefits applied to their purchase.

Communications

Communications related to important Program changes may be sent to all Members, regardless of their opt-in or opt-out status for marketing purposes, at the email address provided at enrollment, or as later updated by the Member. Members do not need to be opted in to receive Coach marketing in order to participate in the Program; however, Members that are opted-in will receive emails informing them when rewards are offered to them and marketing sent to Members will be updated to reflect their participation in the Program. Members can also see the Rewards by logging into their Accounts. If a Member that is opted-in to receive marketing chooses to terminate their Account, they will continue to receive marketing for non-Members. If customers or Members wish to unsubscribe from all marketing from Coach they must click the unsubscribe link within the email or follow the procedure outlined in the Privacy Policy, available at https://www.coachoutlet.com/privacy.html  or https://www.coach.com/support/privacy-policy.

Data Privacy

Coach collects and processes your personal information in order for you to participate in the Program. Information about how we collect and use your personal information is provided in our Privacy Policy, available at https://www.coachoutlet.com/privacy.html or https://www.coach.com/support/privacy-policy.

Returns

Returns of Coach merchandise by Members are subject to the Coach Returns and Exchanges policy located at https://www.coachoutlet.com/returns-exchanges.html for our Outlet customers and https://www.coach.com/support/returns for our Retail customers.

Right To Revoke

In the event that Coach determines that any Member has failed to comply with these Insider Terms, for example through fraudulent use of the Program or abuse of Program rewards, or otherwise engages in deception, fraud, or forgery in relation to the Program, Coach reserves the right to terminate any Member's account or to limit the benefits to which any Member may be entitled. Coach is entitled to terminate the Accounts of: (i) minors that opened Accounts and (ii) identified participants in the bulk buyer program who concealed this fact upon the enrollment for Membership.

Account Closure

Members may cancel their Account by entering their Account, selecting "Membership" from the drop down menu and writing a cancellation request in the "Notes" area. Any Member that closes their Account agrees that all available rewards expire at the time of cancellation. Members may not restore Accounts in an attempt to use specific rewards that were available prior to cancellation; however, Members that choose to re-activate their Account will be offered standard rewards and any other rewards for which they are eligible at the time that they re-activate their Account. If an account reactivated the Member's shopping history and saved preferences will also be restored. Member accounts that are closed are not deleted. If you wish to exercise your right to deletion under the California Consumer Privacy Act of 2018 (CCPA) or any other applicable privacy law, please contact the Tapestry Privacy Team by sending an email to privacy@tapestry.com.

No Transfer

Program and Membership rewards cannot be transferred by any means. This includes, but is not limited to, by sale, assignation, or trade. An attempt to transfer your Program or Membership rewards will result in the termination of your Membership. Program rewards have no cash value and may not be exchanged for cash.

Governing Law

To the extent any action relating to the use of the Websites, the Insider Terms, Membership or the Program, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) or any transaction with Coach 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 such action shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision.

Informal Dispute Resolution

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 TapestryLegal@Tapestry.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.

Arbitration Agreement & Waiver of Certain Rights

You and Coach agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Coach or you and a third-party agent of Coach (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, after the completion of the Informal Dispute Resolution process, you must send us an individual letter signed by you requesting arbitration and describing your claim at Tapestry, Inc. 10 Hudson Yards, New York NY 10001, USA, Attention: General Counsel. This letter must be sent at least ten (10) 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, Coach 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 Coach from seeking action by federal, state, or local government agencies. You and Coach also have the right to bring qualifying claims in small claims court, as defined by the applicable jurisdiction, 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 Coach retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. 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 Coach 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 or representative basis. The arbitrator can decide only your and/or Coach's 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 Coach 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 Coach

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 TAPESTRY, INC., ITS SUBSIDIARIES OR AFFILIATES 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 Coach 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 Mass Arbitration 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 Coach. 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 Coach 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 Coach. (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 Coach 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 Coach 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.

Limitation of Damages

IN NO EVENT SHALL COACH, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF, OR THE INABILITY TO USE, THE PROGRAM. THE FOREGOING LIMITATIONS OF LIABILITY ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Intellectual Property

All Program design, text, graphics, logos, images, buttons, icons, images, titles, audio clips, phrases, content, product names, and all intellectual property rights therein (including, but not limited to, patents, copyrights, trademarks, design, product and service marks) are the property of Tapestry, Inc., Coach or other affiliated entity and protected by United States and international intellectual property laws.

Changes To Terms

We may change, modify, add, or remove portions of these Insider Terms at any time. Changes to the Program will be reflected in the Insider Terms. Members should check the Terms of Use, including the Insider Terms, periodically for changes. Coach may notify you of these changes by email, by posting a notice on the Websites, or by other reasonable means. Any changes to these Insider Terms are effective upon their posting to the Websites.

Change or Termination of the Program

The Insider Terms together with the Privacy Policy and Terms of Use as available on the Websites, which are incorporated herein by reference, contain the entire agreement and understanding among Coach and the Members hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous terms and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. To the extent that any conflicts exists concerning the Program and the Rewards between the Insider Terms and the Privacy Policy, or Terms of Use, the Insider Terms will control.

Coachtopia Passport and NFC Terms of Use

These Terms of Use, together with any other legal terms or technical requirements communicated to you (collectively, the "Terms"), govern your access to and use of a Coachtopia product's digital passport and the near-field communication chip ("NFC") contained in a Coachtopia product. By accessing the NFC, you ("you" or "your") agree to these Terms, and you also agree to the Coach Privacy Policy ("Privacy Policy"), which is available at https://www.coach.com/support/privacy-policy. To the extent that any conflicts exist between the Terms and the Privacy Policy, these Terms will control.

Introduction to Coachtopia Digital Passport

Certain Coachtopia products may have a cloud-based digital passport to track the lifecycle of the specific Coachtopia product, which you may be able to access through an NFC. Coach is offering the digital passport to provide transparency to you on the product and contain product lifecycle events, such as a repair, trade-in, or recycling. This will allow you to track and see the individual Coachtopia product lifecycle design, materials, and environmental impact. Coach shall, at all times, remain the controller of the information, data, and all other aspects of the passport, and Coach will always have access to and control over the digital passport, and any information or data available or disclosed to you. Coach, in its sole and exclusive discretion and at any time, may stop, cease, pause, or discontinue its offering of or access to the NFC or Coachtopia digital passport to any product.

NFC Usage

Certain Coachtopia products contain an NFC (the "NFC Usage"), which is an offering by Tapestry, Inc., and its affiliated entities through the Coach brand ("Coach" or "we") to eligible users in the United States, Canada, the United Kingdom and Singapore that allows users to track the lifecycle of a Coachtopia product and learn about its materials, design, and environmental impact. You represent and warrant that your use of the NFC Usage will be in compliance with the Terms and all applicable laws.

Eligibility & Registration to Connect to Coach or Coach Insider Account

Customers may choose to connect their Coach or Coach Insider account to purchased Coachtopia products that contain an NFC. By connecting a Coach or Coach Insider account, Customers are able to receive access to a range of circular services that will help prolong the lifespan of the Coachtopia product, including information on when the Coachtopia product is repaired, restored, reused, and reimagined over multiple lives. A Coach account differs from a Coach Insider account in several ways. A Coach account contains information tracking prior Coach purchases, addresses, name, email(s), and credit card information. A Customer connecting a Coach account to an NFC can view passport details under the tab "My Products." A Coach Insider account differs, as this is a loyalty program offered and run by Coach that gives a member exclusive access to rewards across Coach and Coach Outlet, online and in stores. By connecting your Coach or Coach Insider account, you agree to the Terms contained herein and all terms and conditions associated with your Coach account or Coach Insider account. Customers (defined as an individual that has connected one's Coach or Coach Insider account to a particular NFC when purchasing an eligible Coachtopia product) from the United States, Canada, the United Kingdom and Singapore who are 18 years or older may participate in the NFC Usage. Selected U.S. states or Canadian provinces may have a higher age of majority to accept the Terms. Participation in NFC Usage is free. All information that Customer provides as part of the NFC Usage must be accurate and truthful. Customer is fully responsible for all activity that occurs under Customer's account or NFC Usage. Customer can and should update their information within their account settings. If you do not have a Coach or Coach Insider account, you can create a Coach or Coach Insider account in person at Coach Retail and Outlet stores across the U.S. and Canada or online at https://www.coachoutlet.com, https://www.coach.com, https://www.coachtopia.com/, https://ca.coach.com, https://ca.coach.com/en/shop/coachtopia, https://ca.coachoutlet.com/en, or https://uk.coach.com/shop/coachtopia (collectively the "Websites"). All information that is provided as part of the enrollment process must be accurate and truthful. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO READ THESE TERMS. CUSTOMERS THAT DO NOT AGREE TO THE ABOVE SHOULD NOT PARTICIPATE IN NFC USAGE.

Communications

For Customers, communication(s) related to important NFC Usage changes, including changes to these Terms or the Privacy Policy, may be sent to all Customers, regardless of their opt-in or opt-out status for marketing purposes, at the email address provided on Customer's Coach or Coach Insider account, as may be updated by Customer from time-to-time. Customer does not need to be opted-in to receive Coach marketing in order to participate in the NFC Usage; however, Customers who are opted-in will receive emails informing them of sales, promotions, and any other marketing material from Coach or Tapestry affiliate brands. If a Customer who is opted-in to receive marketing chooses to terminate their Coach or Coach Insider account, Customer will continue to receive marketing materials. If Customer wishes to unsubscribe from all marketing from Coach, Customer must click the unsubscribe link within any marketing email received from Coach or follow the procedure outlined in the Privacy Policy, available https://www.coach.com/support/privacy-policy.

Data Privacy

Coach collects and processes your personal information in order for you to participate in the NFC Usage. Information about how we collect and use your personal information is provided in our Privacy Policy, available at https://www.coach.com/support/privacy-policy.

Right To Revoke

In the event that Coach determines that you have failed to comply with these Terms, for example through fraudulent use of the NFC Usage or otherwise engage in deception, fraud, or forgery in relation to the NFC Usage, Coach reserves the right to terminate any NFC Usage or a Customer's Coach or Coach Insider account(s). Coach also reserves the right to terminate the accounts of minors who opened accounts.

Account Closure

Customers may cancel or delete their Coach or Coach Insider account by entering their account, selecting "Membership" from the drop down menu and writing a cancellation request in the "Notes" area. Customer accounts that are closed are not deleted. Information and data attached to a specific Coachtopia digital passport will also not be deleted or erased, and Coach shall have the sole and exclusive discretion to control any information contained in a Coachtopia digital passport. If you wish to exercise your right to deletion of personal identifiable information under the California Consumer Privacy Act of 2018 (CCPA) as amended by the California Consumer Privacy Rights Act of 2020 ("CCPA"), or any other applicable privacy law, please contact the Tapestry Privacy Team by sending an email to privacy@tapestry.com.

Governing Law

To the extent any action relating to the Terms, NFC Usage, or any dispute/claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) or any transaction with Coach 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 such action, shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision.

Informal Dispute Resolution

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 TapestryLegal@Tapestry.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.

Arbitration Agreement & Waiver of Certain Rights

You and Coach agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Coach or you and a third-party agent of Coach (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, after the completion of the Informal Dispute Resolution process, you must send us an individual letter signed by you requesting arbitration and describing your claim at Tapestry, Inc. 10 Hudson Yards, New York NY 10001, USA, Attention: General Counsel. This letter must be sent at least ten (10) 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, Coach 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 Coach from seeking action by federal, state, or local government agencies. You and Coach also have the right to bring qualifying claims in small claims court, as defined by the applicable jurisdiction, 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 Coach retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. 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 Coach 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 or representative basis. The arbitrator can decide only your and/or Coach's 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 Coach 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 Coach

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 TAPESTRY, INC., ITS SUBSIDIARIES OR AFFILIATES 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 Coach 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 Mass Arbitration 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 Coach. 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 Coach 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 Coach. (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 Coach 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 Coach 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.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NFC USAGE AND COACHTOPIA DIGITAL PASSPORT ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, COACH SPECIFICALLY DISCLAIMS THE ACCURACY OR CORRECTNESS OF ANY INFORMATION OR DATA PROVIDED THROUGH NFC USAGE OR THE COACHTOPIA DIGITAL PASSPORT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. THIS INCLUDES ANY AND ALL CONDITION OF ANY NFC OR COACHTOPIA DIGITAL PASSPORT AND ITS WORKABILITY OR FUNCTIONALITY, INCLUDING FUNCTIONALITY WITH ANY TECHNOLOGICAL DEVICE. COACH ALSO DOES NOT WARRANT THAT NFC USAGE OR COACHTOPIA DIGITAL PASSPORT (i) WILL RUN PROPERLY ON ALL HARDWARE OR INFORMATION TECHNOLOGY ENVIRONMENTS OR (ii) WILL OPERATE AT ANY GIVEN TIME.  

Limitation of Damages

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COACH, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF, OR THE INABILITY TO USE, THE NFC OR COACHTOPIA DIGITAL PASSPORT, OR ANY OF ITS FUNCTIONALITY.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE FOREGOING, COACH SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY OR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER ARISING IN CONTRACT, STATUTE, EQUITY, OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY). COACH FURTHER DISCLAIMS ALL LIABILITY OR OBLIGATION OR NONWORKING NFC, AND COACH IS UNDER NO OBLIGATION TO FIX, REPAIR, OR OTHERWISE REPLACE ANY NFC OR PROVIDE ACCESS TO A COACHTOPIA DIGITAL PASSPORT.

(c) ACKNOWLEDGEMENT. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THESE TERMS AND AN ESSENTIAL FACTOR IN ESTABLISHING THE NFC USAGE AND COACHTOPIA DIGITAL PASSPORT OFFERINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, THEREFORE SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU.  THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THESE TERMS.

Intellectual and Data Property

All designs, texts, graphics, logos, images, buttons, icons, images, titles, audio clips, phrases, content, product names, and all intellectual property rights therein (including, but not limited to, patents, copyrights, trademarks, design, product and service marks) are the property of Tapestry, Inc., Coach or other affiliated entity and protected by United States and international intellectual property laws ("Coach IP").Nothing in these Terms shall be considered an assignment or other transfer of ownership or any other interest in and to Coach IP or any information or data contained in the NFC or Coachtopia passport to you, either expressly, or by implication, estoppel, or otherwise. 

Changes To Terms

We may change, modify, add, or remove portions of these Terms at any time. Changes to the NFC Usage will be reflected in the Terms. You should check the Terms periodically for changes. Coach may notify you of these changes by email, by posting a notice on the Websites, or by other reasonable means. Any changes to these Terms are effective upon their posting to the Websites.

Change or Termination of NFC Usage

The Terms together with the Privacy Policy, as available on the Websites, which are incorporated herein by reference, contain the entire agreement and understanding among Coach and you hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous terms and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. Coach reserves the right to terminate a Coachtopia digital passport or NFC Usage at any time and for any reason. You also consent to all reuse or repurposing done or performed by Coach or any other person or entity to any NFC once you have sold, traded-in, or otherwise divested your Coachtopia product