Last Revised: September 2026
1. GENERAL
These General Terms and Conditions of Use ("Terms") are entered into by and between you and NORMA KAMALI, INC. (“Norma Kamali”, “we”, or “us”) for the Norma Kamali (a) Internet website, https://normakamali.com/ (“Norma Kamali Website”), and (b) AI platform, https://normakamali.ai/ (the “Norma Kamali AI Platform” and together with the Norma Kamali Website, the “Websites”). The Websites and any content, tools, features and functionality offered on or through the Websites are collectively referred to as the “Services”. You acknowledge and agree that, in order to access and use the Norma Kamali AI Platform, you are required to register for and maintain an Account in accordance with these Terms.
These Terms govern your access and use of the Services. PLEASE READ THESE TERMS CAREFULLY - THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THESE TERMS INCLUDE PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not agree to all of these Terms or if you do not want to be bound by these Terms, do not use the Services. Among other things, Norma Kamali provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Norma Kamali in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Websites contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services. These Terms apply to all users of the Services, including, but not limited to, users who are vendors, customers, merchants and/or contributors of content. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use or access the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
2. CHANGES IN TERMS
Norma Kamali shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Websites. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Norma Kamali to these Terms. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Norma Kamali shall be valid or enforceable against Norma Kamali unless expressly agreed to by Norma Kamali in a writing signed by a duly authorized officer of Norma Kamali.
3. TERMINATION
Norma Kamali reserves the right to immediately terminate this agreement and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Norma Kamali shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Services shall immediately cease. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
4. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services and your purchase of items from Norma Kamali (if applicable) on the Services.
5. USE OF ARTIFICIAL INTELLIGENCE
The Services may from time to time make available certain features, tools or functionality powered by artificial intelligence, machine learning or similar technologies (“AI Features”). Any recommendations, styling suggestions, sizing guidance, product information or other content generated through AI Features are provided for informational purposes only and may be inaccurate, incomplete or unavailable. You are solely responsible for evaluating any such recommendations or other outputs generated by AI Features and for any purchasing decisions you make. Norma Kamali makes no representations or warranties regarding the completeness, reliability, accuracy, or suitability of any AI-generated content and reserves the right to modify, suspend or discontinue any AI Features at any time.
6. COPYRIGHT
All content included in the Services, such as text, characters, artwork, graphics, images, photographs, logos, button icons, images, audio, data compilations, and software (collectively, “Materials”), is the property of NORMA KAMALI, INC. and/or its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of the Materials on the Websites is the exclusive property of Norma Kamali and/or its affiliates and protected by U.S. and international copyright laws. All software used on the Websites is the property of Norma Kamali and/or its affiliates or its software suppliers and protected by United States and international copyright laws. The Materials cannot be used unless expressly authorized by the applicable copyright owner.
7. TRADEMARKS
NORMA KAMALI, INC. graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Norma Kamali, Inc and/or its affiliates in the U.S. and/or other countries. Norma Kamali trademarks and trade dress may not be used in connection with any product or service that is not NORMA KAMALI, INC. and/or its affiliates, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NORMA KAMALI, INC. and/or its affiliates. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NORMA KAMALI, INC. and/or its affiliates. These materials may not be used unless expressly authorized by the applicable trademark owner.
8. LICENSE AND ACCESS
We grant you a limited license to access and make personal use of the Services and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Norma Kamali and/or its affiliates. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Norma Kamali and/or its affiliates. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Norma Kamali without expresses written consent. You may not use any meta tags or any other "hidden text" utilizing the Norma Kamali name or trademarks without the express written consent of NORMA KAMALI, INC. and/or its affiliates. Any unauthorized use terminates the permission or license granted by Norma Kamali. You may not use any Norma Kamali logo or other proprietary graphic or trademark as part of the link without express written permission.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services in connection with any of the following unless prohibited by applicable laws or regulations or you have our written permission to do so: (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms; (b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same; (c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services; (d) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; (e) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet (collectively, the “Prohibited Uses”). This list is in no way exhaustive. We reserve the right to terminate your use of the Services or any related website for violating any of the Prohibited Uses.
9. LINKED THIRD PARTY SITES
Links to other Internet websites operated by third parties, including Norma Kamali vendors, do not constitute sponsorship, endorsement, or approval by Norma Kamali of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Norma Kamali, and Norma Kamali is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices and we will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third parties. Links to other sites are provided for your convenience only, and you access them at your own risk.
10. PRICES; ORDERS (Applicable if Products Are Sold on Norma Kamali.com)
You represent and warrant that you have the legal right to use the payment method you provide to Norma Kamali or our payment processors, including, without limitation, any credit card you provide when completing a transaction. Payment processing services are provided by Shopify, Amazon Pay, PayPal, Google, and Klarna. Your use of these payment processing services is subject to the applicable terms of use, terms of service, and other agreements of the relevant payment provider, available on their respective websites (the “Payment Provider Terms”). By agreeing to these Terms and using any such payment processing service, you acknowledge and agree that you are also bound by the applicable Payment Provider Terms. Norma Kamali reserves the right, with or without prior notice and in our sole and complete discretion, to refuse to allow any user to purchase any products or deliver such products to a user or a user designated address. When you make a purchase from the Services, you agree to pay the price for such products as set forth on the Services, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”). All prices displayed on the Services are quoted in U.S. dollars. Norma Kamali reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Services without incurring any obligation to you. Products displayed on the Services are available while supplies last. The receipt by you of an order confirmation does not constitute Norma Kamali's acceptance of an order. Prior to Norma Kamali's acceptance of an order, verification of information may be required. Norma Kamali reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Norma Kamali, for any reason. Norma Kamali reserves the right to limit the order quantity on any item, to discontinue any item and to refuse service to any customer without prior notification. You acknowledge and agree that you must comply with the terms and conditions of the third-party payment processor used by Norma Kamali.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Norma Kamali shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Norma Kamali shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Norma Kamali may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future purchases, or other features or benefits related to the Services, subject to any additional terms that Norma Kamali establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Norma Kamali; (d) may be disabled or have additional conditions applied to them by Norma Kamali at any time for any reason without liability to Norma Kamali; (e) may only be used pursuant to the specific terms that Norma Kamali establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
We are not responsible if information made available on the Services is not accurate, complete or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
11. USER ACCOUNTS; REGISTRATION
There are three types of accounts you can use to purchase products on Websites: (1) a guest account (“Guest Account”); (2) a registered account (“Registered Account”); or (3) a registered third party account with Shop (Shop Pay), Amazon (Amazon Pay), PayPal, Klarna, or Google Pay (“Third-Party Account”), and together with Guest Account and Registered Account, “Accounts”).
If you purchase products and services pursuant to a Guest Account, which is automatically established for all purchasers who do not have a Registered Account or Third-Party Account, you will be providing to us the following personal information: (a) name, (b) address (billing and physical address); (c) credit card, or bank routing and account information, or information pursuant to your having subscribed to a third-party payment service, (d) cell phone/text number, and (e) email address. Our collection and use of your personal information is subject to our Privacy Policy, Privacy Policy – Norma Kamali.
If you purchase products through a Registered Account that you will have the opportunity to open for yourself, you will be providing all the information that one would provide as a Guest Account holder, plus a secure password that would restrict access to your account. Registered Accounts store information on purchasers to allow them to engage in swifter transactions by not requiring them to re-enter personal and financial data. You shall be solely responsible for (a) maintaining the security and confidentiality of your account information and your account password; (b) restricting access to your computer and your account; (c) keeping your contact information listed on your account current; and (d) all activities, including, without limitation, all purchases of products made through the use of the Services that occur under your Registered Account. We have the right to disable any Registered Account at any time and for any reason.
If you purchase products through a Third-Party Account, we will receive certain information about you as permitted by your settings policies and terms to complete a transaction. Your use of a Third-Party Account is subject to Payment Provider Terms. We are not responsible for the security or privacy of any information you provide to third-party payment providers.
You acknowledge and agree that Norma Kamali may, to the extent permitted by applicable law, access, preserve, and disclose your Guest and Registered Account information, all communications to and from you, all information relating to your use of the Services, and all information relating to the use of the Services under your Guest and Registered Account or account password if the we are required to do so under applicable law, legal process, regulatory directive, or if Norma Kamali determines, in its sole discretion, that such action is necessary to protect its rights, the rights of third parties and other users of the Services, or for purposes of responding to your request for customer service. Norma Kamali’s right to disclose any such information under this section shall govern even if such disclosure would conflict with the terms of our Privacy Policy.
12. SUBMISSIONS OF MATERIALS
Norma Kamali is pleased to hear from our customers and welcomes your comments regarding Norma Kamali’s services and products. However, Norma Kamali does not allow submission or consideration of creative ideas, suggestions, or materials (“Creative Ideas”) other than those that have been specifically requested.
If you at any time submit to us through any media Creative Ideas at Norma Kamali’s request or on your own accord, provide photographs or other identifiable information (“Materials”), you grant Norma Kamali and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any such Creative Idea or Materials throughout the world in any media. You also grant Norma Kamali and our affiliates the right to use the name you submit in connection with any such Creative Idea or Materials, if we so choose to use it. You represent and warrant that you own or otherwise control all Creative Ideas and Materials you submit to Norma Kamali and you will indemnify Norma Kamali and our affiliates for all claims arising out of any Creative Idea or Material you submit. We shall be under no obligation to (a) maintain any submission in confidence; (b) to pay compensation for any submission or (c) to respond to any comments or submission.
13. HYPERLINKS
In the event the Services contain hypertext links to websites that are not created or maintained by Norma Kamali, these Terms apply only to the Services and not to any of these third-party websites. Norma Kamali is not responsible for the accuracy, relevance, timeliness, or completeness of those third-party websites. The inclusion of any link to such websites does not imply endorsement, sponsorship or recommendation by Norma Kamali of the third-party websites. Norma Kamali disclaims any liability for links (a) from another website to the Services, and (b) to another website from the Services. Norma Kamali cannot guarantee the standards of any website to which links are provided on the Services, nor shall Norma Kamali be held responsible for the contents of those websites, or any subsequent links. For this reason, Norma Kamali does not represent or warrant that the contents of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Norma Kamali does not endorse the contents of these third-party websites in any way. Also, Norma Kamali is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
14. DISCLAIMER
NORMA KAMALI MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. NORMA KAMALI ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT NORMA KAMALI OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THESE SERVICES ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICES.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NORMA KAMALI, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SERVICES, EVEN IF NORMA KAMALI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NORMA KAMALI’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Norma Kamali, its subsidiaries affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to (a) your violation of these Terms, (b) any allegation that any information on material (including any Creative Ideas) submitted by you violates any intellectual property rights of any third party, (c) any activity related to your Account or (d) that violates any law or statutes, ordinances or regulations.
17. ARBITRATION AND CLASS ACTION WAIVER; GOVERNING LAW
Informal Process First. You and Norma Kamali agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and Norma Kamali agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Norma Kamali’s products and/or services, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Norma Kamali agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with Norma Kamali, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis and class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Norma Kamali are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Exceptions. Notwithstanding the foregoing, you and Norma Kamali agree that the following types of disputes will be resolved in a court of proper jurisdiction:
- disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding.
- disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
- intellectual property disputes.
Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Norma Kamali will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse Norma Kamali for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Norma Kamali before the arbitrator was appointed, Norma Kamali will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to info@normakamali.com or to the U.S. mailing address listed in the “Contact Information” section of these Terms. The notice must be sent to Norma Kamali within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Norma Kamali also will not be bound by them.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NORMA KAMALI EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND NORMA KAMALI AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND NORMA KAMALI EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND NORMA KAMALI AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
These Terms are governed by and construed in accordance with the laws of the State of New York, U.S.A., without regards to conflicts of laws principles. To the extent any action relating to these Terms, the use of the Websites or the Services, or any transaction with Norma Kamali is not required to be arbitrated or filed in small claims court in accordance with this section 17, any dispute in connection with these Terms must be brought in the state or federal court located in the State of New York, U.S.A., and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-convenience.
18. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. UPDATING THESE TERMS
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Services. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
20. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
21. CONTACT INFORMATION
Questions about the Terms should be sent to us at info@normakamali.com or at
Our contact information is posted below:
Norma Kamali, Inc.
Phone No.: 212-957-9797