Terms of Use
VANS TERMS OF USE
Last Updated: September 9, 2026
Vans®, a division of VF Outdoor, LLC, in the United States, and a division of VF Outdoor Canada Co
(collectively, the Vans, “us,” “we,
” or “our”), makes its websites, mobile applications, and online services
(individually or collectively, the “Website”) available to you subject to the following Terms of Use:
ACCEPTANCE OF TERMS
BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE
SUBMISSIONS TO VANS, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY
POLICY. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING, FORUMS,
WATCHING VIDEOS, BLOGS OR THE LIKE, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES
FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR
PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT PROVIDE
SUBMISSIONS TO VANS.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
AFFECTING YOUR RIGHTS UNDER THESE TERMS OF USE. ANY DISPUTE BETWEEN YOU AND VANS IS
SUBJECT TO A CLASS ACTION WAIVER, AND, EXCEPT FOR THOSE DISPUTES FILED IN SMALL CLAIMS
COURT, MUST BE RESOLVED THROUGH ARBITRATION RATHER THAN IN COURT.
VANS MAY AMEND THESE TERMS OF USE AT ANY TIME. ANY SUCH AMENDMENT WILL BE EFFECTIVE
UPON THE EARLIER OF NOTICE TO YOU OR POSTING UPDATED TERMS TO THE WEBSITE UNLESS YOU
OPT OUT FOLLOWING THE STEPS OUTLINED BELOW. YOUR CONTINUED USE OF THE WEBSITE
CONSTITUTES YOUR ACCEPTANCE TO THE UPDATED TERMS OF USE. OUR CUSTOMER SERVICE
REPRESENTATIVES ARE NOT AUTHORIZED TO MODIFY ANY PROVISION OF THESE TERMS OF USE, EITHER
VERBALLY OR IN WRITING. YOU HAVE THE RIGHT TO OPT OUT OF ANY SUCH AMENDMENT BY
PROVIDING US WITH WRITTEN NOTICE VIA EMAIL WITHIN 30 DAYS OF THE AMENDMENT TO:
terms@vans.com TO BE EFFECTIVE, YOUR OPT-OUT NOTICE MUST BE TIMELY, SENT TO THIS EMAIL
ADDRESS, AND INCLUDE YOUR NAME, ADDRESS, AND THE SAME EMAIL ADDRESS USED TO CREATE AN
ACCOUNT WITH US (IF YOU PREVIOUSLY CREATED AN ACCOUNT WITH US) AND AN UNEQUIVOCAL
STATEMENT THAT YOU WISH TO OPT OUT OF THE UPDATED TERMS OF USE. OPTING OUT OF AN
AMENDMENT TO THE TERMS OF USE HAS NO EFFECT ON ANY OTHER AGREEMENTS THAT YOU
CURRENTLY HAVE WITH US, INCLUDING ANY PRIOR TERMS OF USE AND OUR PRIVACY POLICY.
VANS HAS THE RIGHT, BUT IS NOT OBLIGATED, TO STRICTLY ENFORCE THE TERMS OF USE THROUGH
SELF-HELP, COMMUNITY MODERATION, ACTIVE INVESTIGATION, LITIGATION AND PROSECUTION.
TRADEMARKS
The VANS trademarks displayed on this Website are trademarks or registered trademarks of VANS and
its affiliated companies in the United States, Canada, and internationally. All other trademarks are the
sole property of their respective owners. All use prohibited.
OWNERSHIP OF WEBSITE CONTENT
The Website is protected to the maximum extent permitted by copyright and intellectual property rights
laws and international treaties. All content displayed on or through the Website including but not
limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, and FAQs is
owned exclusively by VANS and/or its affiliated companies and/or suppliers and/or licensors and is
protected by copyright or other laws, including as a collective work and/or compilation, pursuant to
copyright laws, and international conventions. Any reproduction, modification, display or creation of
derivative works from or redistribution of the Website, any content on the Website or the collective
work, and/or copying is prohibited including but not limited to reproduction to any other server or
location for further reproduction or redistribution, unless you have the express prior written permission
of VANS You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Website.
You may not use the Website for any commercial purposes, including the promotion or advertisement
of any goods, services or opportunities, and you may not use the Website to solicit other Website
visitors or users to visit or become members of, subscribe to, or register with any commercial online
service or other organization, and/or collect or store personal data or attempt to collect or store
personal data about other users of the Website.
SUBMISSIONS OF USER CONTENT
You acknowledge that you are responsible for any information, profiles, messages, text, files, images,
photos, video, music, sounds, or other content or materials ("User Content") that you submit, upload,
post, email or otherwise provide or make available to VANS or its vendors, on or through the Website or
otherwise ("Submissions"), including User Content you agree to allow the use of that is on third party
companies' websites, for example on Instagram, X, Facebook, TikTok and Pinterest, that are associated
with hashtags related to VANS, including, for example, #vans, #myvans, and #offthewall. Such
Submissions may be used on the Website and/or on other VANS marketing materials, including emails,
social media and store signage, among other places. You may only make a Submission if you are 16 years
of age or over. If your Submission is selected by VANS to be used, it may be displayed for other users to
see, together with your name and social media identifier (if applicable) profile information (such as your
handle and profile picture). VANS is under no obligation to display, feature or use any Submission, but
may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-
proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you
represent and warrant that you have the right to grant, VANS its affiliated entities, vendors,
promotional partners, and licensees, and their respective suppliers, a nonexclusive, royalty-free,
worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute,
perform and display any Submission, as well as your name, social media identifier, social media profile
picture, image, likeness, comments, posts, statements or other information, in any manner, and in any
and all distribution channels, venues, forms, media, or technology, whether now known or hereafter
developed, alone or as part of other works, without further notice or any compensation to you. You also
acknowledge that your Submission may not be returned, and we may use your Submission, and any
ideas, concepts or know how contained therein, for any purpose including, without limitation,
developing, manufacturing, distributing and marketing products. You further irrevocably waive any
"moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding
any Submission that you may have under any applicable law or under any legal theory. Subject to the
licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity
you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to
your Submission and any and all elements thereof; that you have the rights from any and all third parties
appearing in such Submission to grant the license contained in these Terms of Use for such third parties'
names, images or likenesses and any other third party-owned elements as necessary in and as part of
your Submission; and that your Submission will not infringe or violate the rights of any third parties,
including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or
confidentiality. You further represent and warrant that your Submissions comply with all applicable
laws, rules and regulations, and any third-party agreements to which you are subject, including
Instagram, X, Facebook, TikTok, and Pinterest Terms of Use.
If you provide personal data to us, including personal data about individuals other than yourself, you
represent and warrant: (i) you have the authority to provide that personal data and to grant us the right
to use that personal data consistently with the PRIVACY POLICY, (ii) you have provided that personal
data voluntarily, and (iii) you consent to the use of that personal data in the manner indicated by the
PRIVACY POLICY. If you provide a third party's e-mail address to us, you represent and warrant that you
have the consent of that third party to provide his/her e-mail address to us.
You further represent and warrant that your Submissions do not constitute or contain software viruses,
commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false
email address, impersonate any person or entity, or otherwise mislead VANS as to the origin of any
Submission. You agree to defend and indemnify VANS its vendors, and third parties such as Meta
Platforms, Inc., X Corp., TikTok Inc., Pinterest, Inc. and Google Inc. and any of our or their respective
parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees,
successors, agents and assigns, for all claims arising from or in connection with (a) the use of any
Submission, including, without limitation, all claims arising out of or based upon copyright or trademark
infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring,
alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in
any composite form of your or any other person's or entity's name, social media identifier, profile
picture, image, likeness, comments, posts, statements or other information and/or the Submission; or
(b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. THE
FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO VANS’ OWN NEGLIGENCE OR
INTENTIONAL CONDUCT.
VANS reserves the right, at its sole discretion, to edit any Submission and to choose to include or not
include such Submission on the Website or otherwise use the Submission. The Website may include the
opinions, statements and other content of third parties. VANS is not responsible for screening,
monitoring or verifying such content, including such content's accuracy, reliability or compliance with
copyright or other laws. Any opinions, statements, or other materials made available by third parties
through the Website are those of such third parties and not of VANS including its licensors and/or
vendors, and VANS does not endorse any such opinions, statements, or materials.
You acknowledge and agree that VANS has no control over, and shall have no liability for any damages
resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any
Submission.
FEEDBACK
Any questions, comments, suggestions, or other information about VANS products or services
submitted to VANS through the Website ("Feedback") shall be deemed non-confidential and non-
proprietary. VANS shall be free to use, reproduce, disclose and distribute such Feedback in any manner
without limitation. VANS specifically prohibits you from sending us any information that you consider to
be confidential or proprietary through the Website. Please note that if you do send us any such
information or material, the information will be non-confidential and non-proprietary and VANS will not
have any obligation or liability to you arising from VANS and/or any third party's receipt or use of such
information or material.
FEEDBACK AND USER CONTENT
You understand that all Feedback and User Content posted on, transmitted through, or linked from the
Website, is the sole responsibility of the person from whom such Feedback and User Content originated.
You understand that VANS does not control, and is not responsible for Feedback and User Content
made available through the Website and that by using the Website, you may be exposed to Feedback
and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. VANS
expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User
Content. You further agree you will not rely on said Feedback and User Content, and that under no
circumstances will VANS be liable in any way for any Feedback and User Content or for any loss or
damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or
otherwise made available. You acknowledge that VANS does not pre-screen or approve Feedback and
User Content, but that VANS shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are
solely between you and such organizations and/or individuals. VANS expressly disclaims any liability for
such organizations, events or individuals.
USER CONDUCT
You agree not to transmit to VANS any information or post, email, or otherwise make any Submission of
User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human
being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age,
or disability; (iv) impersonates any person or entity, including, but not limited to, a VANS employee, or
falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes
personal data about another person without that person's explicit consent; (vi) is false, deceptive,
misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Submissions that you do not have a right to make available under any
law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate
marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement or commercial electronic message; (ix) constitutes or contains any form of
advertising or solicitation if posted in areas of the Website which is not designated for such purposes or
emailed to VANS users who have not indicated in writing that it is ok to contact them about other
services, products or commercial interests; (x) advertises any illegal service; (xi) contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the
normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or
that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading
email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin
of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make
unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone
through the Website; (iii) collect personal data about other users for commercial or unlawful purposes;
(iv) use automated means, including spiders, scrapers, robots, crawlers, data mining tools, or the like to
download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar
User Content or otherwise impose an unreasonable load on our infrastructure; (vi) post any deceptive
events; or (vii) attempt to gain unauthorized access to VANS computer systems or engage in any activity
that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality
of, the Website.
VANS may refuse, delete, modify, edit or remove any Submissions at any time for any reason and VANS
may terminate your access to the Website or your account at any time for violation of these Terms of
Use or any other reason.
ESTABLISHING AN ACCOUNT
Submissions and use of the Website are made available only to persons over the age of 16 and to
persons who can form legally binding agreements under applicable law. Although users of all ages are
welcome to browse the Website, the Website is not intended to be used by children under the age of 16
and children under the age of 16 are not to submit any personally identifying information through the
Website. In addition, you may only establish an account if you are 16 years of age or over.
In order to purchase products/services from the Website and in order to access/use some features on
the Website, you may be required to establish and use an account. In addition to your name and contact
information, you may be required to submit a valid credit card number, billing address, and related
billing information in connection with your account. When you register for an account you must (i)
provide accurate and truthful information, and (ii) update such information from time to time as
necessary to keep your registration information current and accurate. By establishing an account, you
represent and warrant you have the right and are authorized to provide the information you provide
when you register for the account. You are responsible for maintaining the confidentiality of your
account information and password and for restricting access to such information and to your devices.
You should choose a unique and complex password not used for other accounts. All activities that occur
under your account or password shall be your responsibility. You agree that we may communicate with
you by email for transactional and legal messages regarding your account.
If you are a minor in your state/province, as applicable, of residence (generally under 18), you must have
your parent or legal guardian's permission to use the Website and your parent or legal guardian must
have read and accepted these Terms of Use on your behalf.
AVAILABILITY OF PRODUCTS, SERVICES, FEATURES, AND CONTENT
All products, services, features and content available on or through the Website, including but not
limited to prices and availability of such products and services, are subject to change and
discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order
confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders
are subject to VANS’ review and approval. If VANS chooses to accept an order, such acceptance will be
deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of
any item and/or refuse service to any customer for any reason not prohibited by law.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
VANS reserves the right to withdraw or amend this Website, and contents or features provided on the
Website, at any time for any reason, without notice. VANS will not be liable if for any reason all or any
part of the Website is unavailable at any time or for any period. From time to time, VANS may restrict
access to some parts of the Website, or the entire Website, including disabling your use of the Website,
at any time and for any reason, to include, a violation of any provision of these Terms of Use.
EXTERNAL SITES
The Website may contain links to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). VANS provides links for your reference and
convenience only. A link to an External Site does not imply or mean that VANS endorses the content or
the operator of the External Site. You acknowledge that VANS is not responsible for the unavailability of,
or the content located on or through, any External Site. You should read the privacy policies and terms
of use of all External Sites, and contact the site administrator or webmaster for those External Sites if
you have any concerns regarding such links or the content located on such External Sites.
COPYRIGHT
This Website is protected under copyright law and all rights reserved except as expressly provided
herein. Individual documents may contain different copyright notices and/or additional proprietary
notices. If you believe that your work has been copied in a way that constitutes copyright infringement,
please notify the agent for notice of claims of copyright infringement ("Copyright Agent"), at
VFCCopyrightAgent@VFC.com or:
Attn: Legal Department/Copyright Agent
VANS Website
VF Corporation
1551 Wewatta Street
Denver, CO 80202
In order to be effective, a notice of copyright infringement must be made in writing and include:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such works;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient to
permit the Copyright Agent to locate the material (e.g., the URL);
3. Your contact information, such as an address, telephone number, and email address at which you
may be contacted;
4. A statement that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, that
you are the owner of the exclusive right that is allegedly infringed or that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, VANS has
adopted a policy of limiting access to or terminating the online accounts of users who are deemed
repeat infringers. Under VANS’ policy, a 'repeat infringer' is any user who repeatedly fails to adhere to
VANS’ Terms of Use or local law by repeatedly submitting content that infringes the rights of another
party.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON
AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, VANS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VANS
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED
THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO
THE FULLEST EXTENT PERMITTED BY LAW, VANS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW
THE DISCLAIMER OF IMPLIED, STATUTORY OR LEGAL WARRANTIES OR LIMITATIONS OF LIABILITY AND,
AS SUCH, THESE PROVISIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW (E.G., THE PROVINCE
OF QUEBEC OR THE STATE OF NEW JERSEY).
LIMITATION ON LIABILITY AND INDEMNITY
UNDER NO CIRCUMSTANCES SHALL VANS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VANS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE
WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY
THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR
THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME JURISDICTIONS (INCLUDING IN QUEBEC) DO NOT PERMIT LIMITATIONS OF LIABILITY, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend and indemnify and hold VANS its officers, subsidiaries, affiliates, successors, assigns,
directors, agents, service providers, vendors, suppliers and employees, harmless from any claim or
demand, including reasonable attorneys fees and court costs, made by any third party due to or arising
out of your Submissions; your third party event, website or organization; your misuse of the Website;
your violation of the Terms of Use; your breach of any of the representations and warranties herein; or
your violation of any rights of another. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT
APPLY TO VANS’ OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
This Website is operated, in whole or in part, from the United States and/or Canada, as applicable. User
access to this Website is governed by all applicable federal, state, provincial, and local laws, as
applicable. All information available on the Website in the United States is subject to U.S. export control
laws and may also be subject to the laws of the country where you reside. All VANS products and
publications are commercial in nature. VANS does not make any representations regarding the legality
of access to or use of this Website or the information contained therein from other countries. Access in
countries where the information contained herein or the products sold through the Website are illegal is
prohibited. Users who access this Website from outside of the United States and/or Canada, as
applicable, do so at their own risk and are responsible for compliance with applicable export and local
country laws. By using this Website, regardless of where you live in the world, you consent to have your
personal data transferred to and processed and collected in the United States and Canada in compliance
with the PRIVACY POLICY.
DISPUTES AND ARBITRATION AGREEMENT
Informal Dispute Resolution
You and we agree to work together in an effort to resolve any dispute or claim between us relating to
these Terms of Use, your account, purchases, or our products (“Dispute”). The party asserting the
Dispute must provide, on an individual basis, a written notice to the other party (a “Claimant Notice”).
You will send any Claimant Notice to VANS by first class or registered mail to VANS ATTN: Chief Legal
Officer, 1551 Wewatta Street, Denver, CO 80202. VANS will send any Claimant Notice to you by first
class or registered mail to your last-used billing address or the billing and/or shipping address in your
online profile. The party sending a Claimant Notice (the “Claimant”) will ensure it includes: (i) the
Claimant’s name, address, email address, and telephone number; (ii) a description of the facts and
circumstances (including any relevant documentation) of the Dispute; (iii) the specific relief sought; and
(iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the
accuracy of the contents of the Claimant Notice. The receiving party shall have thirty (30) days from
receipt of the Claimant Notice in which to respond to or settle the Dispute (the “Informal Resolution
Period”).
During the Informal Resolution Period for each Claimant Notice, the parties will engage in at least one
individualized video settlement conference, which both parties will personally attend (with counsel for
both parties, if represented, invited to attend as well). If a party is unable to participate in the
settlement conference by video, that party may attend telephonically upon showing of good cause
warranting telephonic participation (e.g., inability to afford equipment or insufficient Wi-Fi due to
indigent circumstances). The parties (and counsel, if represented) will work cooperatively to schedule
the conference at the earliest mutually convenient time.
Both you and we agree that this Informal Dispute Resolution procedure is a condition precedent that,
for each Dispute, must be satisfied prior to initiating any arbitration or filing any claim against the other
party.
Arbitration Agreement
To the extent you and we cannot resolve any Dispute through the Informal Dispute Resolution
procedure described above, that Dispute must be resolved by binding arbitration, rather than in court,
except that you or we may assert individual claims in small claims court if the claims qualify and so long
as the matter remains in such court and advances only on an individual basis. You and we agree to give
up the right to go to court to assert or defend any rights under these Terms of Use with respect to any
Dispute. This also includes any Dispute that arose before you accepted these Terms of Use, regardless of
whether prior versions of the Terms of Use required arbitration. You and we expressly delegate to the
arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability,
validity, and enforceability of this arbitration provision.
If for any reason a claim proceeds in court rather than in arbitration, YOU AND WE BOTH HEREBY WAIVE
ANY RIGHT TO A JURY TRIAL.
Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration
Association’s (“AAA”) rules, including rules related to multiple or mass case filings, except as provided in
this section. You and we agree that the arbitration shall be conducted by AAA pursuant to its Consumer
Arbitration Rules (“AAA Rules”) and, if appropriate, its Mass Arbitration Supplementary Rules
(“Supplementary Rules”), as modified by this Arbitration Agreement. The AAA Rules and Supplementary
Rules are available on the AAA's website www.adr.org. In the event the AAA is unavailable or unwilling
to hear the Dispute, the parties shall agree to another arbitration provider. In the event the arbitrator
determines the claim(s) asserted in the arbitration to be frivolous, groundless, or brought or continued
in bad faith, the Claimant agrees to reimburse the defending party for all costs incurred by the
defending party related to the claim(s), including any attorneys’ fees and arbitration fees. The
arbitrator's award shall be final and binding and may be entered as a judgment in any court of
competent jurisdiction. The arbitrator may, in the arbitrator’s discretion and to the extent authorized by
applicable law, include in the award rendered by the arbitrator costs of arbitration, reasonable
attorneys’ fees, and reasonable costs, including costs for expert and other witnesses, to the prevailing
party, and the arbitrator shall include in such analysis whether any claims made in the arbitration were
frivolous or were brought or continued in bad faith.
Waiver of Right to Bring Class Actions and Representative Claims
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR
REPRESENTATIVE ACTION.
The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However,
to the extent permissible by applicable law, any relief must be individualized to the Claimant and shall
not affect any other party. You and we agree that each may bring claims against the other in
arbitration only in your or VANS’ respective individual capacities and in so doing you and we hereby
waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action
arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or
consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law
precludes enforcement of any of this paragraph's limitations as to a particular claim, then that claim
(and only that claim) must proceed in court and be severed from any arbitration.
Mass Arbitration and Bellwether Protocols
To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more
Claimant Notices are received by a party that raise claims of a similar nature and have the same or
coordinated counsel, they will constitute a “Mass Arbitration” and the provisions of this Mass
Arbitration and Bellwether Protocols will apply to all such Claimant Notices. Claimants may only file
demands for arbitration when permitted to do so by the batching protocol set forth below.
If the parties disagree about whether a Mass Arbitration has been instituted, either party may request
that the arbitration provider determine that a Mass Arbitration has been instituted and that the
procedures below are applicable. For purposes of making this determination, the parties agree that
Claimant Notices raise claims of a “similar nature” if they arise out of or relate to a similar factual
scenario and raise the same or similar legal issues and seek the same or similar relief.
From the date of agreement that a Mass Arbitration has been instituted, or if the arbitration provider
determines that a Mass Arbitration has been instituted, either party may opt out of arbitration by,
within thirty (30) days, providing the other party with written notice as stated in this paragraph. You
may opt out of arbitration for a Mass Arbitration by providing written notice of your intention to opt out
to the arbitration provider and to us, at VANS, ATTN: Chief Legal Officer, 1551 Wewatta Street, Denver,
CO 80202. We may opt out of arbitration for a Mass Arbitration by sending written notice of our
intention to opt out to the arbitration provider and to you or, if you are represented, your attorney. An
opt out notice applies to all Claimant Notices in a Mass Arbitration.
If the parties proceed with the Mass Arbitration, they agree that the following terms and procedures
shall apply.
First, the parties agree to the following bellwether protocols, which are intended to reach a fair and
speedy resolution of all Disputes in the Mass Arbitration. The arbitration provider shall randomly select
four (4) Claimant Notices to proceed to arbitration, and then Claimants and respondents shall each
select three (3) Claimant Notices to proceed to arbitration, for a total of ten (10) arbitrations
(“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all remaining Claimant
Notices comprising the Mass Arbitration shall be held in abeyance and stayed, and no party shall file
arbitration demands for such Claimant Notices or be responsible for paying any additional
administration or arbitrator fees (other than initial filing/administrative fees for the Bellwether
Arbitrations and the abeyance fees) for such Claimant Notices while the Bellwether Arbitrations are
adjudicated. Any applicable statute of limitations regarding those Claimant Notices shall be tolled
beginning from the date of determination there is a Mass Arbitration until such Claimant Notices may be
filed in arbitration or court as permitted by this Mass Arbitration and Bellwether Protocols. The parties
agree that these bellwether procedures are designed to achieve an overall faster, more efficient, and
less costly mechanism for resolving Mass Arbitrations, including Claimant Notices that are not selected
for Bellwether Arbitrations. Accordingly, following the resolution of all of the Bellwether Arbitrations,
the parties shall engage in a global mediation of all remaining Claimant Notices comprising the Mass
Arbitration. The mediation shall be administered by the arbitration provider, or a mutually agreeable
other mediator.
If the parties are unable to reach a global resolution following the above Bellwether Arbitrations and
global mediation, the following batching provisions shall apply to the remaining Claimant Notices:
1. The parties shall cooperate to group the remaining Claimant Notices into randomized batches of
no more than 100 Claimant Notices per batch and to define a sequential order in which the
batches will be resolved. To the extent there are fewer than 100 Claimant Notices left over after
the batching previously described, a final batch shall consist of the remaining demands.
2. The batches shall be resolved sequentially based on the agreed-upon order. A party may only
file a demand for arbitration for a Claimant Notice when the specific batch to which that
Claimant Notice has been assigned comes up for resolution in the sequence.
3. The arbitration provider shall treat each batch of demands as one case, with each case having
one demand for arbitration, one appointed arbitrator, and one set of administrative documents,
and administrative, arbitrator, and filing fees per batch.
4. This batching process shall not impact the nature of these actions as individual in nature,
including that the arbitrator will make a separate determination for each claimant, nor shall it
change the burden of proof on each individual claimant.
The parties agree to cooperate in good faith with each other and the arbitration provider to implement
such a batch approach to resolution. Disagreements over the applicability of this batch arbitration
process will be settled in a single, consolidated arbitration proceeding that includes all affected parties
and is resolved by a single arbitrator subject to the requirements of this section. If the AAA is unable or
unwilling to administer the Dispute in accordance with the terms set forth in this section, the parties
shall agree to another arbitration provider that is willing and able to administer the Mass Arbitration
pursuant to the Bellwether Arbitration and batch approach outlined in the terms above.
Severability of Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1)
the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance
of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the
Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an
individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must
therefore proceed on a class, collective, consolidated, or representative basis, such claims must be
litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that
litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public
injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of
arbitration, and the remainder of this Arbitration Agreement will be enforceable.
Other Terms
The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving
interstate commerce and that it shall be governed by, and interpreted, construed, and enforced in
accordance with, the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The terms of the Arbitration
Agreement provisions shall survive after this Agreement terminates or your use of the Website ends.
Opt Out of Arbitration
You may opt out of this Arbitration Agreement via email. If you do so, neither party can force the other
party to arbitrate. To opt out of this Arbitration Agreement, you must notify us in writing no later than
thirty (30) calendar days after earlier of either notice to you or posting updated terms to the Website. If
you opt out of the Arbitration Agreement, the class action waiver shall continue to apply. Your opt-out
notice must be sent via email to terms@vans.com and shall include your name, address, and the same
email address you used to create an account with us (if you created an account with us) and a statement
that you wish to opt out of this Arbitration Agreement.
TERMINATION
With the exception of the Arbitration Agreement, which shall survive the termination of these terms,
these terms are effective unless and until terminated by either you or we. You may terminate these
Terms of Use at any time. We also may terminate these Terms of Use at any time without notice, and
accordingly may deny you access to the Website, if in our sole judgment you fail to comply with any
term or provision of the Terms of Use. The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination for all purposes.
GOVERNING LAW; ENTIRE AGREEMENT
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or
relating to our services, these Terms of Use, the PRIVACY POLICY, or your use of the Website, will be
governed by and construed in accordance with the laws of the State of Delaware, without regard to its
choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of
Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year
from the date the cause of action arises. Any claim or dispute arising out of or relating to our services,
these Terms of Use, the PRIVACY POLICY or your use of the Website shall be subject to the exclusive
jurisdiction of state or federal courts in the State of Delaware and you hereby consent and submit to the
personal jurisdiction of such courts. APPLICABLE LAW MAY NOT ALLOW THE CHOICE OF GOVERNING
LAW OTHER THAN THAT OF YOUR JURISDICTION OF RESIDENCE IN SOME CIRCUMSTANCES (SUCH AS IN
A CONSUMER AGREEMENT WITH A CONSUMER RESIDING IN THE PROVINCE OF QUEBEC), SO THAT THIS
PARAGRAPH MAY NOT APPLY TO YOU.
These Terms of Use constitute the entire agreement between you and VANS with respect to the subject
matter of the Terms of Use.
ACCESSIBILITY
VANS is committed to providing an accessible and inclusive experience for all customers. We strive to
ensure that the Website is accessible and usable by individuals of all abilities.
If you experience difficulty accessing any content, feature, or functionality on this Website, or if you
require assistance placing an order, accessing account information, or obtaining information in an
alternative format, please contact us at 855-909-8267, us_customer_care@vans.com, or through our
Contact Us information. Please provide a description of the issue or assistance needed, and we will
make reasonable efforts to provide the information, content, product, or service you seek through a
communication method that is accessible to you.
We continually evaluate and improve the accessibility of our digital experiences and welcome feedback
on how we can enhance accessibility for all users.
SMS TERMS AND CONDITIONS
Important Notice
These SMS Terms are incorporated into and subject to the VANS Terms of Use, including the arbitration,
class action waiver, and governing law provisions.
Consent
By enrolling in the VANS SMS Program (“SMS Program”), you provide your prior express written consent
to receive recurring marketing, promotional, transactional, and informational text messages from VANS
and its service providers at the mobile number you provide. Messages may be sent using automated
technology. Consent is not a condition of purchase.
Program Description
The SMS Program, operating through short code 21966 (“Short Code”), may provide promotional offers,
discounts, product updates, loyalty and rewards communications, event information, and other
marketing or informational messages relating to VANS products and services. Message frequency may
vary.
The SMS Program is offered only in the United States.
Costs
VANS does not charge for participation in the SMS Program. Message and data rates may apply
according to your wireless plan.
Opting In
You may enroll through our Website, mobile application, promotions, in-store experiences, or other
authorized enrollment methods. Additional confirmation of enrollment may be required.
Opting Out
You may opt out at any time by replying STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to any Program
message or to the Short Code. We will send a confirmation message once your opt-out request has been
processed. Opting out of one SMS program does not automatically opt you out of other SMS programs
for which you separately enrolled. If you opt out and later wish to re-enroll, you must subscribe again
through an authorized enrollment method.
Mobile Number Responsibilities
You represent that you are the authorized user of the mobile number provided and that the information
you submit is accurate and current. You agree to promptly notify us if your mobile number changes
through our Contact Us information. You agree to defend and indemnify VANS and its service providers
from third-party claims arising directly from your provision of a mobile telephone number that is not
assigned to you or your failure to notify us of a change to your mobile telephone number, to the extent
such claim results from your inaccurate or misleading information.
Privacy
Information collected through the SMS Program is subject to our Privacy Policy. We do not share your
mobile number with unaffiliated third parties for their own marketing purposes. We may share your
number with service providers acting on our behalf to administer and support the SMS Program,
consistent with our Privacy Policy.
Carriers and Message Delivery
The SMS Program is available through participating wireless carriers, which may change without notice.
Wireless carriers are not responsible for delayed or undelivered messages. Message delivery is not
guaranteed, and VANS is not responsible for delayed, incomplete, or undelivered messages.
Help
For assistance, reply HELP to the Short Code or in response to a text message from the VANS text
messaging program, or Contact Us using the information shown below.
Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction and reside where
participation is legally permitted. We may require proof of age, identity, residency, or account
ownership.
Changes and Termination
We may modify these SMS Terms and Conditions at any time. Notice of material changes will be
provided as required by applicable law and may be provided via text message to your enrolled number,
posting on our website, or other reasonable means. Continued participation after the effective date of
revised SMS Terms and Conditions constitutes acceptance of those changes. We may suspend, restrict,
or terminate the SMS Program or your participation at any time. Participation may also end
automatically if your wireless service is canceled or disconnected, or if your mobile number is
reassigned.
CONTACT US
If you have questions regarding these Terms of Use, and you are in the United States, please contact
Customer Service at 855-909-8267 or email us at us_customer_care@vans.com If you are located in
Canada, please contact Customer Service at 877-267-5889 or email us at ca_customer_care@vans.com
LANGUAGE
The parties have expressly requested and required that the Agreement and all other related documents
be drawn up in the English language.
Les parties conviennent et exigent expressément que la présente convention et tous les documents qui s'y
rapportent soient rédigés en anglais.