Military and First Responders Terms and Conditions (2024)

Military and First Responders Terms and Conditions

lululemon athletica canada inc., lululemon athletica inc, and their respective affiliates, subsidiaries, purchasers of the business and assignees, and their respective representatives, directors, officers, agents, employees and volunteer staff (“lululemon” or “the Released Party”) will grant eligible persons a product Discount (as set out and defined herein) and other benefits (collectively, the “Program”). The Program is CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "TERMS OF USE") (TOGETHER WITH OUR PRIVACY POLICY, TERMS OF SALE AND ANY OTHER DOCUMENTS REFERRED TO HEREIN).

PLEASE READ THESE TERMS OF USE AND LULULEMON'S PRIVACY POLICY CAREFULLY. Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information. Except for the personal information you share directly with SheerID (see Eligibility section), and notwithstanding anything else to the contrary contained in these Terms of Use, lululemon’s use of any personally identifiable information (name, etc.) you provide shall be governed by our Privacy Policy. For further information regarding lululemon’s use and protection of your personal information, please refer to our PRIVACY POLICY.For further information regarding SheerID’s use and protection of your personal information, please refer to SheerID’s Privacy Policy.These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with lululemon or its affiliates for other products or services.

YOU HEREBY AND SHALL AGREE, for good and valuable consideration including participation in the Program, as follows:

Eligibility

Eligibility to the Program will be determined upon verification of a proof of your credentials through ID verification (see Military and First Responder FAQ for details). Online ID verification is provided by a third-party verification service that works on our behalf to verify an individual’s affiliations (SheerID). ID verification may be instantaneous (may take up to 20 minutes), in which case the discount can be used immediately online or in store upon confirmation of your identity by SheerID. If not instantly verified, SheerID will compare the information provided in the uploaded document(s) against the information entered in the verification form. Please pay attention to how you enter your information on the form so that it will match what is seen on the document(s). For example, enter your first and last name on the form as it appears on your official document(s). Your verified status is viewable in My Account. Your Discount will be automatically applied when you are logged into your account. You may need to go through the verification process again to renew your status in the future.

Employees of lululemon are not eligible for the Program. You are responsible for ensuring their participation doesn’t violate any rules or regulations that you are subject to.

lululemon may determine eligibility at its sole discretion, make exceptions, and/or refuse membership in the Program to any person. lululemon reserves the right to change, suspend, terminate or revoke its Program, your membership therein, and/or the Discount at any time, for any reason without prior notice, including for any suspected violation of these Terms of Use or fraudulent use of membership in the Program.

Membership in the Program is restricted only to individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from doing so under applicable laws.

Military and First Responder Discount Policy

  • Approved Program guests receive a 15% discount on product purchases from lululemon stores or lululemon e-commerce only, excluding any packaging, shipping & handling charges, applicable taxes, prior purchases (the “Discount”).
  • Discount is for guests who have been verified by SheerID for the Program, and/or approved by lululemon, in our sole discretion. Discount cannot be used to purchase products for any other people including friends, students or family. You may not allow others to use Discount, nor purchase products using Discount for any other person, including as gifts.
  • You may not resell any product purchased with Discount. lululemon reserves the right to suspend or remove you from the Program, deny the Discount, or refuse orders to any person suspected of reselling or orders which have characteristics of reselling.
  • Discount cannot be combined with any other offers, promotional codes, discounts or coupons. Discount does not apply to the lululemon Like New website, co-branded product or lululemon product sold through third parties. Discount does not apply to product purchased by phone. Discount may not be used to purchase gift cards or e-gift cards. Additional exclusions may apply.
  • lululemon reserves the right to modify, suspend, revoke or terminate the Program and/or the Discount at any time, for any reason, without notice, which can include refusal of Discount at the time of purchase.
  • lululemon may exempt certain products or categories of products from eligibility for Discount, at its sole discretion and without notice.
  • lululemon may restrict transactions and spending limits, at its sole discretion and without notice. Violation of these Terms of Use or other policies related to the Program and Discount may lead to immediate revocation of Discount in the Program.
  • Except as noted herein, lululemon’s standard terms of sale and return policies apply to all purchases.

Trademark

All trademarks, service marks, trade names, logos and trade dress of lululemon whether registered or unregistered (collectively the "Marks") are proprietary to lululemon. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Being a part of the Program does not entitle members to use the Marks in commerce, without the express written consent of lululemon.

Electronic Communications

You consent to receive electronic communications from lululemon either in the form of email sent to you at the email address listed on your account, phone numbers or other electronic means provided by you. You acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication be in writing. You acknowledge and agree that this Terms of Use shall be deemed a written contract in satisfaction of Canada’s Anti-Spam Legislation (S.C. 2010, c. 23), and other applicable laws. While you may unsubscribe from product notification or promotional emails, you will continue to receive information relevant to the military and first responder program and/or any purchases you make.

Submissions

In connection with the Program, lululemon may request and you may provide content and information including profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit ("Submission(s)"). You agree that you, and not lululemon, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to lululemon.

Unless otherwise explicitly stated herein or in the lululemon Privacy Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis. You agree that lululemon is free to use a Submission for any purpose including improving its products and providing you with the associated products and services, and you grant lululemon a sub-licensable, transferable, perpetual, nonexclusive, irrevocable, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to lululemon a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of lululemon and services (in any media, whether now known or not currently known or invented). SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions submitted by you or otherwise have the right to grant the Licenses to lululemon set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) your Submissions do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order.

Indemnification

You agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.

Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with these Terms of Use, the Program, or Discount must and will be venued exclusively in Vancouver, BC, Canada. These Terms of Use and the relationship between you and lululemon will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

Language

The official language of these Terms of Use exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these Terms of Use exclusively shall be made in, the English language. lululemon and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of these Terms of Use, our Privacy Policy or the Program. lululemon's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to the Military and First Responder Program or information provided to or gathered by lululemon with respect to such participation.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and lululemon with respect to the Program, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Program.

Limitation of Liability

By agreeing to participate in the Program, you agree to release the Released Party and their respective, directors, officers, employees and agents from all liability with respect to the Program. By participating in the Program, members hereby release the Released Party from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in the Program.

Military and First Responders Terms and Conditions (2024)
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