Privacy Policy

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LEMIEUX is as dedicated to protecting your privacy as we are to bringing you comfort. This privacy policy explains the use and disclosure of information we collect from you on our website, over the phone, and from third parties. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms.

INFORMATION SHARING & USE

We will never collect your name, email, or any other personal information unless you first register or place and order with us.

We may use your personal information in the following ways:

To process and fulfill your order, including to send you emails to confirm your order status and shipment

To contact you about special promotions, new products, and updates on our site

To understand your shopping preferences to better serve you in the future

To allow you to use our in-store and online technologies

To provide consistent, personalized services across all channels, including to personalize our advertising, marketing communications, shopping experiences, and promotional offers

To facilitate social sharing

To allow you to enroll and participate in a loyalty or customer relationship program

To prevent, detect, mitigate, and investigate fraud, security breaches, and activities that are or may be prohibited or illegal

To enforce our Terms of Use or other policies

As we believe to be required or appropriate under applicable law, to respond to requests from government authorities and comply with legal process

We share your personal information with third-party marketing partners for commercial purposes. If you would like to opt out of third-party sharing, please email us at support@xlemieux.com.

COOKIES

By visiting our site, third parties may place cookies on users’ browsers for targeted advertising purposes. These cookies are intended to track data, such as website activity and IP addresses. This data may be used by third parties to target advertising on other sites based on our users' online activity. If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them. In order to disable cookies, please consult your browser’s help section for instructions. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website.

We may also collect your email address via cookies and pixels on our website through the use of trusted third-party partners. These partners may also combine your email information with other information they have access to such as a mailing address so that we may serve relevant marketing offers to you via email and direct mail. If you do not want us to collect information about you, please contact support@xlemieux.com to opt out.

HOW WE USE COOKIES

We use cookies for a number of reasons, like helping us see which features are most popular, counting visitors to a page, improving our site experience, keeping our customers secure, and providing you with a better experience. The cookies we use generally fall into one of the following categories.

Technical

These cookies are needed for our services to function properly. Like other cookies, technical cookies can be either first-party or third-party cookies.

Preferences

We use these cookies in order to remember your settings and preferences. As an example, we may use them to keep track of your order and remember what items are in your cart.

Security

We use these cookies to catch and prevent any security risks before they occur.

Performance

We use these cookies to see how you interact with our services and to help us improve. For example, we may use these cookies to determine if you have visited a certain page, to process your order on our site, and enable you to use our Checkout option.

Analytics

We use these cookies to help us improve our services. For example, we can use these cookies to study how you navigate through our website and which products they request in site searches.

Advertising

LEMIEUX and our advertising partners use these cookies to deliver ads, to make ads more relevant and meaningful, and to track the efficiency of our advertising campaigns on site and other websites.

Some of the features of our services may not function properly if you disable cookies. For example, if you do not allow cookies, you might not be able to view some of our website or use certain features like adding products to your cart, which may impact your shopping experience.

MOBILE TEXTING (SMS & MMS)

Paul Lemieux, Inc. dba LEMIEUX (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://xlemieux.com/pages/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that LEMIEUX and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of apparel and accessories. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@xlemieux.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which LEMIEUX’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

LINKS TO OTHER SITES

Occasionally we provide links on our websites to other sites we think you will enjoy. These sites operate independently of us and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit. We are not responsible for the content or practices of any linked websites which are provided solely for the convenience and information of our visitors.

PHISHING

Identity theft and the practice currently known as "phishing" are of great concern to us. To safeguard your information and help protect you from identity theft, we do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a non-secure or unsolicited email or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.

ENFORCEMENT OF TERMS AND CONDITIONS

These Terms are governed and interpreted pursuant to the laws of the state of Texas, United States of America, without reference to its provisions concerning conflicts of law.

Without limiting the arbitration agreement set forth above, you agree that any action of whatever nature arising from or relating to these Terms or the XLEMIEUX website will be filed only in the state or federal courts located in the County of Dallas, State of Texas. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

POLICY CHANGES

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes to our personal information practices. Whenever we make a change, we will post the updated Policy at this site and we encourage you to check our policy periodically. By using our website following the posting of a change in the Privacy Policy, you consent to the updated Policy.