Lululemon Athletica

Just browsing or buying puts you under a mandatory binding-arbitration clause that also applies retroactively to claims from before you ever agreed to the current terms, and you give up class-action rights entirely.

You and we agree that any and all Disputes arising out of or relating in any way to these Terms and prior versions of these Terms, any communications you receive from lululemon, any products sold or distributed through the Platform, your account, your access to or use of the Platform (including for the purchase of lululemon products), your Submissions, and any Personal Rights contained therein, including claims and disputes that arose between us before the effective date of these Terms, will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association ("AAA"). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR ACTION.

Terms of Use (Section 16, Arbitration Agreement)

You waive your constitutional right to a jury trial for any dispute with Lululemon — all disputes go to a private arbitrator.

YOU AND LULULEMON HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

Terms of Use (Section 16, Waiver of Jury Trial)

Lululemon shortens the legal deadline to sue: any claim — even ones that normally allow 2–6 years under the law — dies forever if you don't file within 12 months.

You agree that any claim you may have arising out of or related to your relationship with lululemon must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Terms of Use (Section 15, Limitation of Liability)

If Lululemon's pre-arbitration settlement offer is more than what the arbitrator awards you, you pay your own post-offer legal fees AND reimburse Lululemon's arbitration fees — a penalty clause that pressures you to accept their offer.

lululemon may serve you with a written "last-best" settlement offer at least 14 days before the arbitration date. If the final award does not exceed that offer, you must (i) bear your own lawyer's fees and expenses incurred after the offer date and (ii) reimburse lululemon for AAA/arbitrator fees it advanced after that date.

Terms of Use (Section 16, Last-Best Offer)

Lululemon shares your personal data — including how you use its apps and services — with ad partners (listed as Meta, Criteo, TikTok, Google, Pinterest, Snapchat, Teads, AWIN) to target ads at you on other sites, and once shared, those partners govern your data under their own policies, not Lululemon's.

We may share personal data we collect, including about your usage of the applications and services, with our advertising partners so that they can better target and/ or personalize advertisements displayed within any lululemon service, on another website or any application used by you. Some of our third-party advertising partners act either as joint controllers of your personal data along with lululemon or as independent data controllers, and thus will handle shared data under the terms of their own privacy policies.

Privacy Policy (Disclosure of Personal Data)

Lululemon buys your data from consumer data resellers (data brokers) to profile you and send you marketing — the same ecosystem most shoppers don't know they're part of.

Unaffiliated parties, such as our service providers, analytics companies, marketing or advertising service providers, fraud prevention service providers, consumer data resellers, and other third parties that provide us with information, so we can better understand you and provide you with information and offers that may be of interest to you.

Privacy Policy (Personal Data We Collect from Other Sources)

Lululemon can rewrite the rules any time by just posting new terms; your only recourse is to stop using the site, and even then the retroactive arbitration clause still binds you.

LULULEMON MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS.

Terms of Use (Section 1, Acceptance of Terms)

Even after you've checked out and your order is accepted, Lululemon can cancel it if the price was wrong — your confirmation isn't final until they say so.

LULULEMON THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. ... TO THE EXTENT PERMITTED BY APPLICABLE LAW, LULULEMON RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

Terms of Use (Section 14, Warranties and Disclaimer)

Deleting your account doesn't mean your data is gone — Lululemon can keep it afterward for broad reasons like 'resolve disputes' or 'enforce our terms,' and even an erasure request still leaves 'a note of your name linked to your account.'

If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, lululemon may also keep personal data as required, after an account is closed or is no longer necessary to provide services.

Privacy Policy (Retention of Data)

Any review, photo, or comment you post gives Lululemon a permanent, royalty-free, worldwide license to reuse and edit it — including your name, face, and likeness in their advertising and marketing, forever.

You agree that lululemon is free to use a Submission for the purpose of providing you and others with use of the Platform... you grant lululemon a sub-licensable, transferable, perpetual, nonexclusive, 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... you hereby grant and will cause such other person to grant to lululemon a License to... exploit or use such Personal Rights for any advertising or marketing of lululemon products and services.

Terms of Use (Section 9, Submissions)