Christian Dior Inc. and its affiliated companies (collectively, the "Dior Group") supports the goals of the California Transparency in Supply Chains Act of 2010 (the "Act") and strives to be a model example of human rights and fair labor practices throughout its business activities.
The Dior Group chooses the best suppliers in its field who provide premium quality in both their products and services but also by way of their ethical, social and environmental approaches and beliefs. To this end, the Dior Group chooses its suppliers based upon their ethics, honesty, and integrity in their business dealings, as well as the social and environmental principles by which they operate.
The implementation of the Act presents the opportunity for the Dior Group to reaffirm its commitment to enforcing measures that fight against slavery and human trafficking.
As a responsible corporate actor, the Dior Group has long since integrated standards of the Act into its daily business practices and how our suppliers are selected.
The Dior Group's actions in this area include the following:
Verification Requirements for Suppliers
The Dior Group has implemented the Dior Group Code of Conduct (the "Code") and requires all suppliers (including their subcontractors involved with the manufacturing procedure for Dior's products) to agree to and adhere to the terms of the Code. The Code sets forth and establishes non-negotiable minimum standards for the Dior Group's suppliers in the areas of health and safety, labor standards, business integrity, and the environment. In addition, the Dior Group may conduct supplier audits, described below, in order to verify that its suppliers are complying with the Code.
The Dior Group audits suppliers that, based upon an analysis of the volume of the supplier's business and the risk of abuses in the country in which the supplier is located, pose a high risk of working condition violations to ensure that its suppliers are compliant with internationally recognized Social Accountability standards such as the Social Accountability Internationals SA8000, an international standardized code of conduct for improving working conditions around the world.
Verification of Supplier Compliance
The Dior Group requires its suppliers to sign and to adhere to the Code.
In the event the Dior Group becomes aware of any actions or conditions not in compliance with the Code, the Dior Group reserves the right to demand corrective measures as well as the right to terminate an agreement with any supplier who does not comply with the Code.
Training to Company Employees
The Dior Group and its employees endeavor to respect the laws and regulations in all countries in which they operate, and conducts its business according to principles outlined in the International Labour Organization and the United Nations Universal Declaration of Human Rights.
The Dior Group will continue to evolve and adapt its policies and procedures to a changing world in order to reflect the Dior Group's unwavering commitment to ethical business principles.
This website (“Site”) is owned by Parfums Christian Dior (“Dior”), a luxury beauty, skincare, and fragrance brand with headquarters in Paris, France and New York, New York.
Site Usage and Information Rights
This Site contains electronic information ("Dior Information") which may consist of software, technical information, product literature, photos, layout, and other materials. All information on this Site is the sole property of Dior and does not become the property of any user by virtue of allowing use of the Site. Site users may not modify Dior Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Dior Information for any commercial or other purpose. For the purposes of these Terms, any use of the Dior Information on any other website or networked computer environment (including but not limited to posting of Dior Information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Dior. The Dior Information on this Site is copyrighted and any unauthorized use of any Dior Information located on this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms, your authorization to use this Site will be automatically terminated and you must immediately destroy any Dior Information obtained from the Site. Please understand that the limitations placed on the use of Dior Information are intended to protect proprietary information belonging to Dior that is accessible to users of this website. The limitations do not apply, for example, to discussions about our products or website, such as providing feedback about your experience with our products or services on this Site or other websites or forums, or posting pictures of merchandise or items from our Site that you like or have purchased (such as on other social media sites).
The names, images and logos identifying Dior, or any third parties and their products and services are subject to copyright, design rights and trademarks of Dior and/or the third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of Dior, or any other third party.
Appropriate, Ethical and Legally Compliant Use
By using this Site, you agree not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites; (b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; (c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another's account, service or system without authorization from Dior or create or use a false identity on this Site; (e) not to transmit through or on this Site, spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the Site; (g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and, (h) otherwise comply with all laws and requirements for use of this Site, including those that apply to the data that it contains.
The product information on this Site is provided for the convenience of our customers and Site users, and is as accurate as possible. However, we make no guarantee, either express or implied, as to its accuracy or that the products displayed on the Site are always available. While we strive to provide our customers with truly exceptional service online and in our stores, we regret that sometimes, our products are out of stock or not available in a particular color. We also welcome your feedback and suggestions regarding any errors that you find on our Site, so that we can promptly address them.
Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to Dior using links provided on this Site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Dior or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify Dior for any and all damages resulting from the user's actions or postings that violate any of these policies. Dior reserves the right to prohibit further postings by any user for violation of these standards.
Links to Other Websites
Links to third-party websites from this Site must be specifically approved in advance by Dior. You are not authorized to link any other website without our approval. Any approved links to websites not maintained by Dior are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. Dior does not control and is not responsible for any of these websites or their content. Dior does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
Social Media Links
The information provided on this Site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Dior further does not warrant the accuracy and completeness of the information on this Site. Dior may make changes to the information on this Site, or to the products and prices described at any time without notice. While we take steps to ensure that the information on this Site is up-to-date, there may be times when the information is outdated. Information published on this Site may refer to products, programs or services that are no longer available in your country or local area. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT SHALL DIOR, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. DIOR DISCLAIMS ANY LIABILITY FOR USE OF DIOR PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.
This Site is intended for residents of the United States. Please visit our international websites if you are located in another country. Dior makes no representation that materials on this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal, is prohibited. You may not use, export or re-export the materials on this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws.
Dior reserves the right to modify these Terms at any time. The terms on this page are binding upon you, therefore, you should review them often. Terms listed in this document may be superseded by specific terms elsewhere on the Site.
Changes to These Terms and Conditions
DIOR BEAUTY MY EXCLUSIVE LOYALTY PROGRAM TERMS AND CONDITIONS (1)
TERMS AND CONDITIONS
Effective as of September 28, 2021
Welcome to the Dior Beauty My Exclusive Loyalty Program (“Program”), a loyalty program that rewards your beauty purchases online at www.Dior.com and at the Dior Beauty Boutique at Forum Shops at Caesars Las Vegas (collectively “Dior Points of Sale”) and your engagement in other qualifying activities. The Program is 100% free to join!
It is important that you read these entire Program Terms, which you accept when you participate in the Program. However, here are some of the highlights:
Benefits (defined below) and Lucky Charms (defined below) have no cash value and you have no property or other interest or right to them, and may not transfer or encumber them.
Dior may change Benefits and Lucky Charms accrual and redemption terms, unless we have specifically committed otherwise in writing (e.g., limited time promotions).
Dior may terminate your membership, or the Program, in which case Benefits and Lucky Charms are forfeited.
Limited to U.S. residents, void where prohibited, and subject to eligibility requirements and program terms, conditions and limitations.
YOU CONSENT TO OUR PRIVACY PRACTICES AND AGREE TO LIMITATIONS ON YOUR REMEDIES AND OUR LIABILITIES AND TO ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER.
Each time you participate in the Program (other than to access and read these Program Terms), you agree to be bound by and comply with then current Program Terms, and any applicable Additional Terms, subject to Section 10 hereof. Do not participate in the Program, and cancel your Program account, if you do not agree to any of these Program Terms. Any previous participation will continue to be governed by the Program Terms, including any applicable Additional Terms, in place at the time of such participation.
1. Eligibility, Accounts and Program Service
Program membership is open to individuals residing in the 50 United States and the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands, and all other territories and possessions) for personal, non-commercial use at Dior Points of Sale. You must be eighteen (18) years of age or older to participate in the Program. Limit one (1) account per natural person. Resellers are excluded from the Program and from receiving Benefits (defined below) and Lucky Charms (defined below). If we mistakenly calculate Qualifying Purchases (defined below) for resale purchases, or confer Status (defined below) upon or issue Benefits or Lucky Charms to resellers, we reserve the right to invalidate all of the aforementioned, remove or modify an affected Status, and/or deduct any improperly issued Benefits or Lucky Charms. If you are found, in our sole discretion, to be a reseller, your Program account may be terminated.
From time-to-time we may provide you with other ways to access, update and use your account. You agree to keep your account information current, to secure your account credentials and log-in information, and not to let others access or use your account. Dior is not responsible for Status, Qualifying Purchase history, Benefits, or Lucky Charms that might be removed or deleted from your account for any reason, including security compromise, technical error or otherwise.
(c) Program Service.
(We offer you the ability to participate in the Program through the www.dior.com/mydiorbeauty website (“Website”). The Website may offer you certain features and services that allow you to manage your account. These features and services may include the ability to: (i) check your Lucky Charms (defined below) balance, (ii) access, select and redeem Benefits (defined below) gifts, (iii) update your account information, and (iv) reset your password. Some features of the Program (including the Website and its supported platforms, websites or other services) (collectively, “Program Service”) may change from time-to-time and be discontinued without notice. Use of a feature constitutes your consent to all feature functionality, including data collection and use.
(d) Wireless Features.
The Program Service may offer certain features and services via your wireless device. Features and services may include the ability to access the Program Service’s features, view the Website, upload content to the Program Service, receive messages from the Program Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you use Wireless Features, you agree to notify Dior of any changes to your wireless contact information (including phone number) and update your account to reflect the changes. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.
2. Program Features
Each Program member will belong to a Status based on (i) the total amount a member spends on Qualifying Purchases and (ii) how many Qualifying Purchases the member makes. Each Status comes with certain Benefits. Members can also visit the Website to participate in Challenges to earn Lucky Charms, which can be used to enter additional Program promotions and win items from the Catalog. Read on for more details. Additional information about the Program, Challenges, Benefits redemption, and member loyalty history is available on the Website.
All time and date calculations for the Program, including the day a purchase is made and how many Challenges are completed on a certain day, is based on the Central European Time (CET) zone. CET is 6 hours ahead of US Eastern Time; 7 hours ahead of US Central Time; 9 hours ahead of US Pacific Time.
The Program has four (4) status tiers (each, a “Status”). Each member belongs to one of these Statuses according to the number of Qualifying Purchases (defined below) made and the total amount spent at a Dior Point of Sale within the last twelve (12) months. Members achieve their Status as follows:
Pearl Status: (i) Members who have not made any Qualifying Purchases; and (ii) members who have made one (1) or more Qualifying Purchases for a total amount of less than $150.00 USD within the last twelve (12) months.
Silver Status:Members who have made two (2) or more Qualifying Purchases for a total amount that is equal to or greater than $150.00 USD, but less than $500.00 USD, within the last twelve (12) months.
Gold Status: (i) Members who have made three (3) or more Qualifying Purchases for a total amount that is equal to or greater than $500.00 USD, but less than $900.00 USD, within the last twelve (12) months; and (ii) Members whose first purchase at a Dior Point of Sale was greater than or equal to $900.00 USD.
Platinum Status:Members who have made four (4) or more Qualifying Purchases for a total amount that is equal to or greater than $900.00 USD within the last twelve (12) months.
When you create a Program account, your Status will be determined by your purchase history within the twelve (12) months prior to account creation, if you previously had an active and valid Dior account. Members who did not have a Dior account prior to joining the Program (or had an inactive or invalid Dior account) will automatically be assigned Pearl Status. Once a specific Status has been reached, this Status and the associated benefits are valid for a period of twelve (12) months. To reach a new Status, the “number of Qualifying Purchases” and “total amount spent” criteria must both be fulfilled. Once the twelve (12)-month period has ended, a member’s Status will be recalculated according to the descriptions above, unless calculated sooner as described below. For the avoidance of doubt, a member may remain at the same Status upon recalculation (e.g., a Pearl member may remain a Pearl member upon recalculation).
Members can reach a higher Status at any time by cumulatively fulfilling the “number of Qualifying Purchases” and “total amount spent” criteria of the higher Status. If a member reaches a higher Status, a new twelve (12)-month period will begin at this new Status.
(b) Status Benefits.
Each Status gives the member the right to certain benefits as more fully described below (“Benefits”):
- Luxury Miniature with 2nd Purchase
- Exclusive SILVER Welcome Gift
- Early Access to Dior Events
- Exclusive GOLD Welcome Gift
- Premium GOLD Birthday Gift
- 45-Minute Virtual Consultation 1x per year
- Early Access to Dior Events
- Exclusive PLATINUM Welcome Gift
- Premium PLATINUM Birthday Gift
- 45-Minute Virtual Consultation 3x per year
- First Access to Dior Events
- Deluxe Holiday Gift
Each Status’s Benefits are independent from another Status’s Benefits and are not cumulative. In other words, you do not accumulate benefits when you move from a lower Status to a higher Status.
Dior will email members with information about how to access their Benefits gifts. Once a member has been notified that a Benefit gift is available, the member will have thirty (30) calendar days to redeem the Benefit gift online at www.Dior.com, according to the instructions and any additional redemption terms Dior will provide (e.g., for in-store pickup at a Dior Point of Sale or for home delivery with next purchase). After these thirty (30) calendar days, Dior cannot guarantee that the Benefit gift will be available.
Benefit gifts are subject to availability and are not exchangeable. Any Benefit gifts you have earned will be listed on the Website when you are logged in to your Program account, under the “My Status” tab. The Benefit gift catalog is updated regularly and Dior reserves the right to substitute a Benefit gift with another Benefit gift of equal or greater value at any time , based on availability.
(c) Qualifying Purchases.
Each of the following types of purchases made at a Dior Point of Sale count towards your Status (each, a “Qualifying Purchase”): (i) perfumes; (ii) skincare products; (iii) makeup products; and (iv) La Collection Privée Christian Dior products. Couture purchases and the purchase of gift cards are not considered Qualifying Purchases. For the avoidance of doubt, multiple Qualifying Purchases made within a single day will be added together and treated as one single Qualifying Purchase for that day, calculated based on CET time zone as further described above. The amount spent on a Qualifying Purchase is calculated as the total amount actually paid by the member (after all discounts, if any, are applied) for such Qualifying Purchase.
(d) Challenges & Lucky Charms.
Members can also participate in certain engagement activities on the Website (such activities, “Challenges”) to earn fictional currency (“Lucky Charms”) that can be used to enter certain Program promotions (“Promotions”). By way of example only, Challenges could include, without limitation, taking a Dior-themed quiz or watching a makeup tutorial. Challenges must be completed as set forth on the Website in order to earn the specified number of Lucky Charms associated with the Challenge. Challenge participation is limited to three (3) Challenges per day. Lucky Charms can only be used to earn entries for a chance to win certain prizes and have no cash or real-world value. Any other use of the Lucky Charms by a member will not be recognized by Dior. There is no purchase necessary to earn Lucky Charms or to enter a Promotion. All Promotions will be subject to the terms and conditions of the Promotion’s official rules, which will be made available to members at the time such Promotion goes live on the Website.
Once a member earns at least one Charm, the member will have access to a prize catalog that sets forth certain prizes to be won in Promotions and the number of Lucky Charms required per one (1) entry into such Promotions (“Catalog”). The member can use the Catalog to select a prize and enter the specified number of Lucky Charms to gain one (1) entry for a chance to win the selected prize. Lucky Charms do not expire, but once they are used to gain entry to a Promotion they are forfeited by the member, regardless of the outcome of the Promotion.
The outcome of a Promotion may be determined immediately upon entering the specified number of Lucky Charms (such as in an “instant win” type of promotion), or at a later date (such as in a sweepstakes with multiple entrants). For all Promotions, the winner(s) will be notified via the email address associated with the Program account shortly after winner selection has taken place.
3. Member Communications
(a) E-mail Messages.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions. Please note that we reserve the right to send you certain communications relating to your account or use of our Program Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
4. Termination & Modification
Program membership has an indefinite duration. Members can request to cancel their membership by contacting customer service via the form available at https://www.dior.com/en_us/contact-parfum, or by phone at 877-903-4671 from Monday through Saturday from 9:00AM ET to 9:00PM ET. Dior reserves the right, in its sole discretion, to modify, suspend, or terminate the Program and/or any Benefits at any time and for any reason, without any compensation to Program members. Dior cannot and does not guarantee that all members will be notified of such changes to the Program. We may not issue you any Benefits or Lucky Charms, and you will forfeit all Benefits and Lucky Charms accrued, if we (a) suspend or terminate your account because of conduct that we determine, in our sole discretion, violates these Program Terms or any applicable law, involves fraud, attempted fraud, theft or attempted theft at a Dior Point of Sale, or misuse of Program membership, or is harmful to our interests or another customer; or (b) modify, suspend, or terminate the Program. We also reserve the right to deny future membership if we deem your conduct to have violated these Program Terms. Our failure to insist upon or enforce your strict compliance with these Program Terms will not constitute a waiver of any of our rights.
Only one Program membership will be credited for any one Qualifying Purchase. Status, Benefits, and Lucky Charms have no cash value and may not be transferred, assigned or encumbered. Additional restrictions may apply pursuant to any Additional Terms.
Occasionally we may test new products, services or promotions. Some of these tests may have implications on Program members that may vary from the terms as stated here. When different policies or terms apply, we will communicate that to you through Additional Terms or otherwise.
6. LIMITATION OF LIABILITY & DISCLAIMER
IN NO EVENT WILL CHRISTIAN DIOR PERFUMES, ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING DIOR POINT OF SALE, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAM, THESE PROGRAM TERMS, OR DIOR’S OPERATION OF THE PROGRAM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE, PROGRAM SERVICE, BENEFITS, BENEFITS GIFTS, LUCKY CHARMS, AND CATALOG ITEMS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Dior makes no warranty that the Program, Website and Program Service will be uninterrupted, timely, secure, or error free. Dior is not responsible for: (a) any loss or misdirection of, or delay in receiving, any member application, correspondence, Benefits, redemption requests, or Lucky Charms; (b) theft or unauthorized redemption of Benefits gifts or Lucky Charms or use of a Benefits gift; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors at Dior Points of Sale, and errors in the crediting or debiting of Status, Lucky Charms, or Benefits from member accounts. Dior reserves the right to correct, without notice, any errors.
7. Governing Law; Dispute Resolution and Class Action Waiver
All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms, or the rights and obligations of you and Dior in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
You and Dior agree that all disputes pertaining to the Program or these Program Terms will be resolved through binding arbitration; provided, however, Dior shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over you or Dior. You and Dior also agree that disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND DIOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. You and Dior agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Program shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then you or Dior can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York; provided, however, that you and Dior may mutually agree on an alternative location. The federal or state law that applies to these Program Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. You and Dior further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Dior agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs you may incur to attend the arbitration hearing). You and Dior may, notwithstanding this provision, bring qualifying claims in small claims court.
8. General Program Information
The Program and its content, logos, taglines, and trademarks are the intellectual property of Christian Dior; all rights reserved.
These Program Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Program Terms is in the sole discretion and determination of Dior, which in each case you irrevocably agree shall be conclusive.
Taxes may apply to Lucky Charms and Benefits accrual and/or redemption where required by law.
Collectively, the Program Terms, any applicable Additional Terms, and any terms incorporated into such by reference, constitute our complete agreement with you regarding the Program and supersede all prior agreements, offers or representations, and can only be amended or waived by an authorized officer of Dior.
9. Updates to Program Terms
These Program Terms (or if applicable Additional Terms) shall govern the Program as it applies to you from time-to-time. AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE PROGRAM TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. YOU UNDERSTAND AND AGREE THAT EACH TIME YOU SIGN IN TO YOUR PROGRAM ACCOUNT, OR OTHERWISE USE THE PROGRAM, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR CONTINUED PROGRAM MEMBERSHIP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Program Terms, and any applicable Additional Terms, each time you use the Program. Any new Program Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Program Terms, and any applicable Additional Terms, that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. In the event any tribunal finds any changed terms to be invalid, unenforceable or illegal, such will be severed to the extent necessary for the remainder to be valid and enforceable. You should frequently check the Website and the e-mail you associated with your account, for notices, both of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by terminating your Program membership as set forth in Section 4 and continued membership constitutes acceptance.
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