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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

ALEJANDRO ESPINOZA, CASE NO.

 Plaintiff,

vs.

PVH CORP., DELAWARE,

A Foreign for Profit Corporation 

D/B/A Calvin Klein

Defendant.

____________________________________________/

COMPLAINT FOR DECLARATORY AND

INJUNCTIVE RELIEF, AND JURY TRIAL DEMAND

 Plaintiff, ALEJANDRO ESPINOZA, through undersigned counsel, sues Defendant, PVH 

CORP., DELAWARE, a foreign corporation d/b/a Calvin Klein (hereinafter referred to as “Calvin 

Klein”), for declaratory and injunctive relief, and damages, and alleges as follows:

1) This action is brought under Title III of the Americans with Disabilities Act (“ADA”), that 

is codified in 42 U.S.C. §§12181-12189. 

2) This action is also brought pursuant to 28 C.F.R. Part 36.

3) This Court has jurisdiction over this case based on federal question jurisdiction, as provided 

in 28 U.S.C. §1331 and the provisions of the ADA.

4) Furthermore, because this Court has jurisdiction over the ADA claim, the Court has 

supplementary jurisdiction over Plaintiff’s common law tort claim pursuant to 28 U.S.C. §1367.

5) Plaintiff is sui juris, and he is disabled as defined by the ADA and ADA Amendments Act 

of 2008, 42 U.S.C. §12101 (“ADAAA”).

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6) Defendant, Calvin Klein, is a foreign limited liability company authorized to do business 

and doing business in the State of Florida.

7) Defendant, Calvin Klein, is a company that sells men’s, women’s, gender inclusive and 

kids clothing, underwear, shoes, accessories, and fragrances. There is a retail location in MiamiDade County. 

8) Plaintiff seeks declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202.

9) Plaintiff desires to prevent discrimination and demands equal access to Defendant’s 

internet website to purchase a crewneck t-shirt.

10) Plaintiff also seeks declaratory and injunctive relief for trespass against the Plaintiff’s 

computer. The computer is Plaintiff’s personal property, and a claim for trespass attached to same.

11) The Defendant is also liable for compensatory damages to Plaintiff as a result of the 

trespass to Plaintiff’s personal property.

12) The remedies provided under common law for trespass are not exclusive, and same may 

be sought in connection with suits brought under the ADA.

13) Venue is proper in the Southern District of Florida, Miami-Dade Division, since all events, 

actions, injuries, and damages complained of herein occurred in the Southern District of Florida.

14) Furthermore, Plaintiff is a resident of Miami-Dade County which falls within the Miami 

Division of the Southern District of Florida.

15) At all relevant times, Plaintiff is and was visually impaired and has Leber Congenital 

Amaurosis since birth that substantially impairs Plaintiff’s vision.

16) Plaintiff’s visual impairment interferes with his day-to-day activities and causes limitations 

in visualizing their environment. As such, Plaintiff is a member of a protected class under the 

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ADA, 42 U.S.C. § 12102(1) - (2), the regulations implementing the ADA set forth at 28 CFR §§ 

36.101, et seq., and in 42 U.S.C. 3602, §802(h). 

17) Plaintiff regularly uses the computer, but he needs the assistance of special software for 

visually impaired persons. The software that he uses is screen reader software that is readily 

available commercially.

18) Defendant is a private entity which owns and operates retail locations. The stores are open 

to the public, and each of Defendant’s locations is defined as a “public accommodation" within 

the meaning of Title III of the ADA because Defendant is a private entity which owns and/or 

operates “[A] bakery, grocery store, clothing store, hardware store, shopping center, or other sales 

or rental establishment,” per 42 U.S.C. §12181(7)(E) and 28 C.F.R. §36.104(2).

19) Defendant’s website is a place of public accommodation per 42 U.S.C. Section 

12181(7)(E) because it’s an extension of Defendant’s brick and mortar stores. The public is able 

to, among other things, view the products available at defendant’s locations, purchase clothing,

underwear, shoes, accessories, and fragrances through defendant’s website, subscribe to 

Defendant’s newsletter, subscribe to obtain 10% discount, receive an extra 10% student discount, 

create an account and register to track orders, create a wish list, and learn the story behind 

Defendant’s brand, and receive promotions offered on the website. 

20) Since the Defendant’s website is a public accommodation, it must comply with the 

requirements of the ADA. The website cannot discriminate against individuals with disabilities. 

21) Plaintiff is a customer of Defendant who is and was interested in purchasing a t-shirt 

through Defendant’s website and at Defendant’s stores and visiting Defendant’s brick and mortar 

locations. 

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22) Plaintiff is not able to visit the physical locations without the assistance of a family member 

or caretaker, so the ability to purchase merchandise on Defendant’s website for delivery to his

home is important to his as an alternative when he is not able to visit the Defendant’s stores.

23) The website also services Defendant’s physical stores by providing information on its 

brand, Defendant’s newsletter, promotions offered on the website, and other information that 

Defendant is interested in communicating to its customers about its physical locations.

24) Since the website allows the public the ability to view the products available at defendant’s 

locations, purchase clothing, underwear, shoes, accessories, and fragrances, through defendant’s 

website, subscribe to Defendant’s newsletter, subscribe to obtain 10% discount, receive an extra 

10% student discount, create an account and register to track orders, create a wish list, and learn 

the story behind Defendant’s brand, and receive promotions offered on the website, the website is 

an extension of, and gateway to, Defendant’s physical stores. By this nexus, the website is 

characterized as an intangible service, privilege and advantage provided by a place of public 

accommodation as defined under the ADA, and thus an extension of the services, privileges and 

advantages made available to the general public by Defendant through its retail brick and mortar 

stores.

25) Because the public can view and purchase Defendant’s merchandise that is also offered for 

sale by Defendant at its physical stores, subscribe to Defendant’s newsletter, subscribe to obtain 

10% discount, receive an extra 10% student discount, create an account and register to track orders, 

create a wish list, and learn the story behind Defendant’s brand, and receive promotions offered 

on the website, the website is an extension of and gateway to the physical stores, which are places 

of public accommodation pursuant to 42 U.S.C. § 12181(7)(E). As such, the website, as an 

intangible service, privilege and advantage of Defendant’s brick and mortar locations, must be 

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fully accessible and in compliance with the ADA, must not discriminate against individuals with 

disabilities, and must not deny full and equal enjoyment of the same services, privileges and 

advantages afforded to the general public both online and at the physical locations.

26) At all times material hereto, Defendant was and still is an organization owning and 

operating the website located https://www.calvinklein.us/. Since the website is open through the 

internet to the public as an extension of the retail stores, by this nexus the website is an intangible 

service, privilege and advantage of Defendant’s brick and mortar locations, and Defendant has 

subjected itself and the associated website it created and maintains to the requirements of the ADA.

27) Plaintiff is and/or has been a customer who is interested in patronizing, and intends to 

patronize, Defendant’s physical stores, and purchase Defendant’s merchandise, sign up for 

Defendant’s newsletter and create an account through the website and at Defendant’s physical 

stores.

28) The opportunity to shop Defendant’s merchandise from his home is an important 

accommodation for Plaintiff because traveling outside of the home as a visually disabled individual 

is often a difficult, hazardous, frustrating, confusing, and frightening experience. Defendant has 

not provided its business information in any other digital format that is accessible for use by blind 

and visually disabled individuals using screen reader software.

29) Like most consumers, Plaintiff accesses numerous websites at a time to compare 

merchandise and prices. Plaintiff may look at several dozens of sites to compare features and 

prices.

30) During the months of August and September, 2022, Plaintiff attempted on several 

occasions to utilize the website to browse through the merchandise to educate himself as to the 

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merchandise and with the intent to make a purchase through the website or at one of Defendant’s 

physical stores.

31) Places of public accommodation are not just brick-and-mortar structures. The United 

States Department of Justice and the binding case law increasingly recognize that private entities 

are providing goods and services to the public through websites that operate as places of public 

accommodation under Title III.

32) Defendant is required to make reasonable accommodations to its websites for individuals 

with disabilities to allow them to participate in web-based promotions and obtain goods or services 

via the Internet just as sighted persons are able to do.

33) Plaintiff utilized Chrome Vox (“Screen Reader Software”) to attempt to purchase clothing 

on Defendant’s website. However, the Plaintiff was not able to freely and fully use Defendant’s 

website because it contains access barriers that make it inaccessible to persons with disabilities, 

and for which there is no reasonable accommodation for the Plaintiff.

34) A person who can see can enjoy the benefits and privileges provided by Defendant’s 

website that include, but are not limited to viewing the products available at defendant’s locations, 

purchasing clothing, underwear, shoes, accessories, and fragrances, through defendant’s website, 

subscribe to Defendant’s newsletter, subscribe to obtain 10% discount, receive an extra 10% 

student discount, create an account and register to track orders, create a wish list, and learn the 

story behind Defendant’s brand, and receive promotions offered on the website.

35) A person who cannot see, like the Plaintiff in this case, cannot go to Defendant’s website 

and avail themselves of the same privileges. Thus, the Plaintiff has suffered discrimination due to 

Defendant’s failure to provide a reasonable accommodation for Plaintiff’s disability.

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36) The Department of Justice has provided useful guidance regarding website accessibility 

under the ADA, and the binding and persuasive case law in this district has applied the Web 

Content Accessibility Guidelines (“WCAG”) 2.0 or 2.1 to determine accessibility. 

37) Defendant’s website does in fact fail the following WCAG 2.0-AA Compliance standards 

and it does not provide sufficient alternatives to serve the equivalent purpose:

System settings while doing the review:

Operating system: Windows 10

Browser: Google Chrome v. 104.0.5112.102

Screen Reader: NVDA v. 2022.2.2

List of a few of the violations encountered:

Violation: Focusable components do not receive focus in an order that preserves meaning 

and operability. When a user activates the Search button on the main menu, the focus 

fails to preserve operability as it does not remain on the search form field and instead 

shifts to the Featured Best Seller section within the search dialogue box.

Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/ezyc3ju9nmqrdp0/2022_09_13_173512_01.mp4?dl=0

Violation: Focusable components do not receive focus in an order that preserves meaning 

and operability. When a user clicks through to a product detail page the focus fails to 

preserve operability as it does not continue onto the product details page and instead 

shifts to a Save 10% modal.

Case 1:22-cv-23107-DPG Document 1 Entered on FLSD Docket 09/26/2022 Page 7 of 34
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Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/m4ps3mb9jhfxvw1/2022_09_13_173512_02.mp4?dl=0

Violation: Functionality of the content is not operable through a keyboard interface. 

Within the product details, when a user activates the Size Guide button using the 

keyboard, the size guide fails to load. 

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/311nbz53low5a79/2022_09_13_173512_04.mp4?dl=0

Violation: Functionality of the content is not operable through a keyboard interface. 

Within the product details, the user is unable to pick a color using the keyboard. 

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/wi56lu50tu5m584/2022_09_13_173512_05.mp4?dl=0

Violation: Focusable components do not receive focus in an order that preserves meaning 

and operability. When a user adds a product to their bag, the focus fails to preserve 

(keyboard) operability as it does not remain on the open Shopping Bag dialogue and 

instead shifts back to the product detail page.

Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Screen Capture Evidence:

Case 1:22-cv-23107-DPG Document 1 Entered on FLSD Docket 09/26/2022 Page 8 of 34
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https://www.dropbox.com/s/xk6pk6do3zoff2u/2022_09_13_173512_06.mp4?dl=0

38) Furthermore, Defendant’s website does not contain accessibility assistance that would 

direct a visually impaired person like the Plaintiff to someone who he can contact for assistance, 

questions, or concerns.

39) Thus, Defendant has not provided full and equal enjoyment of the services, facilities, 

privileges, advantages, and accommodations provided by and through the website, in 

contravention of the ADA. 

40) On information and belief, Defendant is, and at all times has been, aware of the barriers to 

its website which prevent individuals with disabilities who are visually impaired from 

comprehending the information within same, and is also aware of the need to provide access to all 

persons who visit its site. 

41) Plaintiff has no plain, adequate, or complete remedy at law to redress the wrongs alleged 

in this Complaint, such that this suit for declaratory judgment and injunctive relief is his only 

means to secure adequate and complete redress from Defendant’s discriminatory practices in 

connection with use of its website.

42) Notice to Defendant is not required because of Defendant’s failure to cure the violations. 

43) Enforcement of Plaintiff’s rights under the ADA is right and just pursuant to 28 U.S.C. §§ 

2201 and 2202.

44) Plaintiff has retained the undersigned attorneys to represent him in this case, and has agreed 

to pay them a reasonable fee for their services.

COUNT I – VIOLATION OF THE ADA

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45) Plaintiff realleges paragraphs 1 through 44 as if set forth fully herein.

46) Defendant owns and operates the https://www.calvinklein.us/ website, and is a public 

accommodation subject to the ADA pursuant to 42 U.S.C. §12181(7)(E).

47) Defendant’s website is inaccessible to persons with disabilities like the Plaintiff, who is 

visually impaired. Plaintiff was not able to enjoy full and equal access to the information and 

services that Defendant has made available to the public on its website, in violation of 42 U.S.C. 

§12101. et seq, and as prohibited by 42 U.S.C. §12182 et seq.

48) Defendant’s website is not in compliance with the ADA.

49) Defendant has made no reasonable accommodation for Plaintiff’s disability. 

50) A cursory review of a portion of the Defendant’s website revealed that the website is not 

accessible to persons like the Plaintiff that are visually impaired as required by law and for which 

there is no sufficient alternative on Defendant’s website, including:

System settings while doing the review:

Operating system: Windows 10

Browser: Google Chrome v. 104.0.5112.102

Screen Reader: NVDA v. 2022.2.2

List of a few of the violations encountered:

Violation: Focusable components do not receive focus in an order that preserves meaning 

and operability. When a user activates the Search button on the main menu, the focus 

fails to preserve operability as it does not remain on the search form field and instead 

shifts to the Featured Best Seller section within the search dialogue box.

Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Case 1:22-cv-23107-DPG Document 1 Entered on FLSD Docket 09/26/2022 Page 10 of 34
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Screen Capture Evidence:

https://www.dropbox.com/s/ezyc3ju9nmqrdp0/2022_09_13_173512_01.mp4?dl=0

Violation: Focusable components do not receive focus in an order that preserves meaning 

and operability. When a user clicks through to a product detail page the focus fails to 

preserve operability as it does not continue onto the product details page and instead 

shifts to a Save 10% modal.

Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/m4ps3mb9jhfxvw1/2022_09_13_173512_02.mp4?dl=0

Violation: Functionality of the content is not operable through a keyboard interface. 

Within the product details, when a user activates the Size Guide button using the 

keyboard, the size guide fails to load. 

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/311nbz53low5a79/2022_09_13_173512_04.mp4?dl=0

Violation: Functionality of the content is not operable through a keyboard interface. 

Within the product details, the user is unable to pick a color using the keyboard. 

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/wi56lu50tu5m584/2022_09_13_173512_05.mp4?dl=0

Case 1:22-cv-23107-DPG Document 1 Entered on FLSD Docket 09/26/2022 Page 11 of 34
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Violation: Focusable components do not receive focus in an order that preserves meaning 

and operability. When a user adds a product to their bag, the focus fails to preserve 

(keyboard) operability as it does not remain on the open Shopping Bag dialogue and 

instead shifts back to the product detail page.

Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/xk6pk6do3zoff2u/2022_09_13_173512_06.mp4?dl=0

51) Due to Defendant’s failure to provide an ADA compliant website, the Plaintiff has been 

injured since he has been denied full access to Defendant’s website.

52) As a result, Plaintiff is entitled to injunctive relief pursuant to 42 U.S.C. §12133 and 28 

C.F.R. §36.303 to correct the inaccessibility that leads to discrimination against visually impaired 

persons.

WHEREFORE, Plaintiff requests entry of judgment in his favor and against Defendant for the 

following relief:

A. A declaration that Defendant’s website is in violation of the ADA;

B. An Order requiring Defendant, by a date certain, to update its website, and continue 

to monitor and update its website on an ongoing basis, to remove barriers in order that individuals 

with visual disabilities can access, and continue to access, the website and effectively communicate 

with the website to the full extent required by Title III of the ADA;

C. An Order requiring Defendant, by a date certain, to clearly display the universal 

disabled logo within its website, wherein the logo [1] would lead to a page which would state 

Defendant’s accessibility information, facts, policies, and accommodations. Such a clear display 

Case 1:22-cv-23107-DPG Document 1 Entered on FLSD Docket 09/26/2022 Page 12 of 34
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of the disabled logo is to ensure that individuals who are disabled are aware of the availability of 

the accessible features of the website;

D. An Order requiring Defendant, by a date certain, to provide ongoing support for web 

accessibility by implementing a website accessibility coordinator, a website application 

accessibility policy, and providing for website accessibility feedback to insure compliance thereto.

E. An Order directing Defendant, by a date certain to evaluate its policies, practices and 

procedures toward persons with disabilities, for such reasonable time to allow Defendant to 

undertake and complete corrective procedures to its website;

F. An Order directing Defendant, by a date certain, to establish a policy of web 

accessibility and accessibility features for its website to insure effective communication for 

individuals who are visually disabled;

G. An Order requiring, by a date certain, that any third-party vendors who participate on 

Defendant’s website to be fully accessible to the visually disabled;

H. An Order directing Defendant, by a date certain and at least once yearly thereafter, to 

provide mandatory web accessibility training to all employees who write or develop programs or 

code for, or who publish final content to, Defendant’s website on how to conform all web content 

and services with ADA accessibility requirements and applicable accessibility guidelines;

I. An Order directing Defendant, by a date certain and at least once every three months 

thereafter, to conduct automated accessibility tests of its website to identify any instances where 

the website is no longer in conformance with the accessibility requirements of the ADA and any 

applicable accessibility guidelines, and further directing Defendant to send a copy of the twelve 

(12) quarterly reports to Plaintiff’s counsel for review.

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J. An Order directing Defendant, by a date certain, to make publicly available and 

directly link from its website homepage, a statement of Defendant’s Accessibility Policy to ensure 

the persons with disabilities have full and equal enjoyment of its website and shall accompany the 

public policy statement with an accessible means of submitting accessibility questions and 

problems.

K. An award to Plaintiff of his reasonable attorney’s fees and costs pursuant to in 42 

U.S.C. §§12181-12189, and pursuant to such other laws and statutes that may apply, and further 

relief as the Court deems just and equitable. 

[1]

COUNT II – TRESPASS

53) Plaintiff realleges paragraphs 1 through 44 as if set forth herein. 

54) Defendant’s website contains software analytics. Since Plaintiff has navigated 

Defendant’s website as stated herein, Plaintiff’s computer and the personal information and 

browsing history stored therein, has suffered a trespass by Defendant.

55) Plaintiff never consented to and was unaware that Defendant’s website was placing 

software on his computer. 

56) Defendant committed common law trespass in violation of Florida law against Plaintiff 

because Plaintiff did not consent to the placement of tracking and information securing software 

on his personal computer, which was done without his knowledge and consent.

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57) Defendant’s trespass has damaged Plaintiff by affecting the condition and value of his

computer. 

58) On its website, Defendant has an internet privacy policy section that can only be accessed 

by clicking a barely visible section at the bottom of the page called “Cookies Policy”, providing 

that they use cookies and similar technologies to collect a consumer’s information and they obtain 

non-public information from their users for their own advertising and marketing purposes by 

placing software on its website that collects a website user’s preferences and internet browsing 

habits as follows:

TERMS & CONDITIONS (U.S. AND CANADA)

Last Updated April, 2019.

Calvin Klein, Inc., a New York corporation ("Calvin Klein," “we,” “us,” or “our”) 

provides a website located at calvinklein.com and calvinklein.us in conjunction with 

third parties. In certain Calvin Klein stores, we may provide a wireless local area 

network for use by consumers (the “Wi-Fi Service”).

These Terms and Conditions apply to your use of

the calvinklein.com or calvinklein.us website (or any successor or similar digital 

property such as an official app operated by us; or any other services that refe rence 

these Terms and Conditions) (the “Site”), the Wi-Fi Service (where offered), and any 

other services provided by us (individually or collectively, the “Service”). Use of the 

Wi-Fi Service is subject to additional terms specified in our Wi-Fi Terms of Service, 

which appear below.

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Calvin Klein and its parent, affiliates, and licensees, and their respective officers, 

directors, employees, shareholders, agents, successors, assigns, vendors, retail 

partners and any other party involved in the creation, operation, production or 

transmission of the Site or provision of any other Service shall be referred to herein 

as "Calvin Klein Parties."

PLEASE REVIEW THESE TERMS OF USE CAREFULLY PRIOR TO USING 

THE SITE OR ANY OTHER SERVICE. YOUR USE OF ANY SERVICE 

INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. 

EACH TIME THAT YOU USE A SERVICE, THE CURRENT VERSION OF 

THESE TERMS & CONDITIONS WILL APPLY. WHEN YOU USE A SERVICE, 

YOU SHOULD CHECK THE DATE OF THESE TERMS & CONDITIONS 

(WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE 

BEEN MADE SINCE YOUR LAST VISIT TO THE SITE.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT 

ACCESS OR USE THE SITE OR ANY OTHER CALVIN KLEIN SERVICE.

1. Site User Eligibility.

The Site is available worldwide and may be operated from various locations both 

within and outside the United States of America ("USA"). Access to and use of the 

Site, including functionality and features available on the Site ("Features") and 

products and services available for purchase through the Site, however, may be 

inappropriate, prohibited or restricted in countries outside the United States or 

Canada. The Calvin Klein Parties make no warranty or representations that the Site 

Case 1:22-cv-23107-DPG Document 1 Entered on FLSD Docket 09/26/2022 Page 16 of 34
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or the Features are appropriate or available for access/use outside of the USA or 

Canada. If you access/use the Site from outside the USA or Canada, you do so at 

your own risk and are responsible for complying with the laws and regulations of the 

territory from which you access/use the Site.

Users of all ages are welcome to browse the Site. However, if you are under the age 

of 13, you should not provide any information about yourself on or through the Site, 

including, but not limited to, your name, address, email address, phone number and 

other personal information.

2. Establishing an Account.

Users of all ages are welcome to browse the Site, however, you may only establish 

an account if you are 18 years of age or over. In order to purchase products/services 

from the Site and in order to access/use some Features on the Site, you may be 

required to establish and use an 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 your account. You are responsible for 

maintaining the confidentiality of your account information and password and for 

restricting access to such information and to your computer. All activities that occur 

under your account and/or password shall be your responsibility.

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3. Information You Provide/Submissions.

Your personal information will be handled in accordance with and subject to the 

terms of our Privacy Policy. Any other material, information, suggestions, ideas, 

concepts, know-how, techniques, questions, comments and any other communication 

or content you transmit or post to the Site or any other Service in any form and in 

any manner ("User Communications") (i) is and will be considered non-confidential, 

non-personal and non-proprietary to you or anyone else and (ii) may be disseminated 

or used by the Calvin Klein Parties for any purpose without (a) compensation to you 

or anyone else or (b) acknowledgement of you or anyone else as the source of such 

User Communications. Therefore, do not transmit or post to the Site or other Service 

any ideas, materials, suggestions, content or other information you would like to 

keep confidential or for which you would like or expect acknowledgement or 

compensation. If you order a custom product through the Site (each, a “Custom 

Product”), you may if and as applicable, select or submit to us, certain items, such as 

initials, lettering, symbols, patches, colors, text, designs, waistbands, lettering, 

photographs, drawings, logos and other materials that we will use to create the 

Custom Product (“Customizations”). The Customizations, to the extent submitted by 

you, constitute User Communications and are subject to these Terms and Conditions. 

Calvin Klein reserves the right to reject any Customizations that violate these Terms 

and Conditions or other terms and conditions applicable to the Custom Product, or 

are otherwise unacceptable to Calvin Klein and in such case, Calvin Klein may reject 

your order for the Custom Products. All orders for Custom Products are final and are 

not subject to return. Calvin Klein reserves all rights in and to the underlying product 

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used to create the Custom Product and any patches, waistbands, colors and other 

customization options Calvin Klein makes available to you, and you will not acquire 

any rights of any kind or nature in or such underlying product or such customization 

options at any time. In the event you otherwise acquire any rights in or to the Custom 

Product, you hereby immediately and automatically assign all such rights from the 

date of inception to Calvin Klein. Calvin Klein reserves the right to ship your order 

from outside the U.S. By purchasing the Custom Products, you or your receiver agree 

to become the Importer of Record. Therefore, in addition to the cost of the Custom 

Products, you or your receiver is also liable to pay all applicable duties, taxes, 

customs levies and surcharges charged by local authorities or other state institutions 

in addition to brokerage and administration fees charged by the courier in the event: 

(a) your order exceeds the duty-free threshold of USD $800 per person per day, 

and/or (b) your order is deemed as a ‘commercial shipment’ by U.S. Customs and 

Border Protection. By placing an order for Custom Products, you acknowledge and 

agree that you are the importer of record for the Custom Products and you 

acknowledge and agree to your obligation to comply with all applicable laws and 

regulations of the destination country.

You hereby grant the Calvin Klein Parties a worldwide, irrevocable, non-exclusive, 

royalty-free, perpetual license to reproduce, disclose, transmit, modify, create 

derivative works of, adapt, publish, publicly perform and display, distribute, 

syndicate, sublicense and otherwise use User Communications in any manner 

whatsoever for any or all commercial or non-commercial purposes, with or without 

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attribution or any compensation to you or any other party ("User Communications 

License"). The Calvin Klein Parties may, but are not obligated to, monitor or review 

any User Communications. The Calvin Klein Parties shall have no obligations to use, 

return, review, or respond to any User Communications or any liability related to the 

content of any such User Communications, whether or not arising under the laws of 

copyright, libel, privacy, obscenity, or otherwise.

Calvin Klein retains the right to remove any or all User Communications that 

includes any material that Calvin Klein deems inappropriate or unacceptable.

By making a User Communication, you represent and warrant that (i) you own all 

right, title and interest in and to the User Communication, or you have the necessary 

approvals and permissions to grant the User Communications License described 

above, (ii) the User Communication, and the exercise by Calvin Klein (or other 

authorized parties) of the rights granted under the User Communications License in 

relation to such User Communication, does not violate applicable law or the 

intellectual property rights or other rights of others, including, but not limited to, 

patent, trade secret, copyright (including without limitation moral rights), trademark, 

publicity, privacy and contract rights of others and (iii) the User Communication 

does not contain software viruses, spiders, spybots, commercial solicitation, chain 

letters, mass mailings, any form of spam, or any other content that is prohibited 

under these Terms and Conditions.

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We do not guarantee that User Communications will not be lost or damaged or that 

you will be able to retrieve User Communications.

4. Prohibited Submissions.

You are prohibited from posting or transmitting any unlawful, threatening, 

defamatory, libelous, obscene, pornographic or profane material or any material that 

could constitute or encourage conduct that would be considered a criminal offense or 

give rise to civil liability, or otherwise violate any law. In addition to any remedies 

that Calvin Klein may have at law or in equity, if Calvin Klein reasonably 

determines that you have violated or are likely to violate the foregoing prohibitions, 

Calvin Klein may take any action they reasonably deem necessary to cure or prevent 

the violation, including without limitation, the immediate removal from this Site of 

the related materials. Calvin Klein will fully cooperate with any law enforcement 

authorities or court order or subpoena requesting or directing Calvin Klein to 

disclose the identity of anyone posting such materials.

5. Ownership and Permitted Use of Content.

The Site design and all text, graphics, information, trademarks, service marks, trade 

names, photographs, advertisements, content, and other material displayed on or that 

can be downloaded from the Site or any other Service (the "Content") are either the 

property of, or used with permission by, Calvin Klein. The ownership of all Content 

is retained by its owner. You may not (i) modify the information or materials located 

on the Site or accessible via a Service in any way or reproduce or publicly display, 

perform, or distribute or otherwise use any such materials for any public or 

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commercial purpose, including marketing, or (ii) remove, obscure or otherwise 

deface proprietary notices appearing on any Content, including copyright, trademark 

and other intellectual property notices.

The Content is protected by copyright, trademark and other laws and international 

treaty provisions and may not be used except as permitted in these Terms and 

Conditions or with the prior written permission of the owner of such Content. Any 

unauthorized use by you of such Content may subject you to civil and criminal 

penalties.

6. Trademarks.

Certain trademarks, trade names, service marks and logos used or displayed on the 

Site or any other Service are registered and unregistered trademarks, trade names and 

service marks of the Calvin Klein Parties. Other trademarks, trade names and service 

marks used or displayed on the Site are the registered and unregistered trademarks, 

trade names and service marks of their respective owners. Nothing contained on the 

Site or any Service grants or should be construed as granting, by implication, 

estoppel, or otherwise, any license or right to use any of the displayed trademarks, 

trade names, service marks or logos without the written permission of Calvin Klein, 

it parent, affiliates, or other related or affiliated parties.

7. Prohibited Actions.

While visiting the Site and participating in, accessing and using the Features 

(cumulatively "Using the Site"), you must conduct yourself in a polite, courteous and 

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respectful manner, comply with all applicable laws, rules and regulations and supply 

truthful and non-misleading information. For example, you may not, while Using the 

Site: request, or otherwise attempt to harvest, obtain or store, personal information, 

passwords, account information or any other type of information relating to other 

users; access or use another person's account; disguise the origin of User 

Communication; alter, modify, frame, or "mirror" any Content; create a deep-link to 

our Site by by-passing our Site's home page; use any data mining, robots, or similar 

data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or 

otherwise prevent anyone from using or accessing the Site or interrupt any user's 

experience on the Site, including, but not limited to, acting in any manner that 

disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or 

network connections to the Site, disobey any requirements, procedures, policies or 

regulations of networks connected to the Site; modify, adapt, sublicense, translate, 

sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to 

gain unauthorized access to the Site (or any portion thereof).

8. Availability of Products, Services, Features and Content.

All Features, Content, and products and services available on or through the Site or 

any other Service, including, but not limited to, prices of such products and services, 

are subject to change at any time without notice. In addition, any Feature, Content, 

product or service may be discontinued at any time in our sole discretion. The 

inclusion of any Features, Content, products or services in the Site or other Service at 

a particular time does not imply or warrant that these products or services will be 

available at any time. It is your responsibility to ascertain and obey all applicable 

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local, state, provincial, federal and international laws (including minimum age 

requirements) in regard to the possession, use and sale of any service or product 

purchased from this Site. By placing an order, you represent that the products 

ordered will be used only in a lawful manner.

9. Accuracy of Information.

The Calvin Klein Parties take reasonable efforts to ensure that information on the 

Site or provided via any other Service is complete, accurate and current. Despite 

such efforts, however, the information on the Site or made available via a Service 

may be inaccurate, incomplete or out of date. Weights, measures, product 

descriptions, recommendations, commentary regarding products and similar 

descriptions are provided for convenience purposes only and may be approximations. 

The Calvin Klein Parties make efforts to accurately display the attributes of our 

products and services available for purchase, including the applicable colors; 

however, the actual color you see will depend on your computer system and we 

cannot guarantee that your computer will accurately display such colors. The Calvin 

Klein Parties make no representation as to the completeness, accuracy or timeliness 

of any information. For example, products included on the Site may be unavailable, 

may have different attributes than those listed, or, to the extent permitted by law, 

may actually carry a different price than that stated on the Site. In addition, we may 

make changes in information about price and availability without notice. While it is 

the practice of the Calvin Klein Parties to confirm orders by email, the receipt of an 

email order confirmation does not constitute acceptance of an order or confirmation 

of an offer to sell a product or service. The Calvin Klein Parties reserve the right, 

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without prior notice, to limit the order quantity on any product or service and/or to 

refuse service to any customer. The Calvin Klein Parties also may require 

verification of information prior to the acceptance and/or shipment of any order.

10. Shipment of Order.

Orders will be shipped to the address designated by the purchaser as long as that 

shipping address is compliant with the shipping restrictions contained on the Site (or 

any other Service) and Orders may be shipped through a third party shipper or 

fulfillment process. All purchases from this Site or other Service are made pursuant 

to a shipment contract. As a result, risk of loss and title for items purchased from the 

Site or a Service pass to the buyer upon delivery of the items to the carrier. The 

buyer is responsible for filing any claims with carriers for damaged and/or lost 

shipments.

11. Linking to this Site.

Creating or maintaining any link from another website to any page on this Site 

without Calvin Klein's prior written permission is prohibited. Any permitted links to 

this Site must comply with all applicable laws, rule and regulations.

12. Applicability of Additional Terms and Conditions.

Additional or different terms and conditions ("Other Terms") may apply in 

connection with certain Features (e.g. testimonials, sweepstakes or contest entries) or 

another Service offered by us. If applicable, these Other Terms will be set forth (i) 

where you are permitted to submit Content, access or use Features or any other 

Service, or purchase products and services, or (ii) in a link adjacent to where you are 

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permitted to submit Content, access Features, or purchase products and services. 

These Other Terms are incorporated into and made a part of these Terms and 

Conditions by reference. In the event Other Terms conflict with these Terms and 

Conditions, the Other Terms shall control with respect to the subject matter to which 

such Other Terms apply.

13. Third Party Links.

From time to time, the Site or other Service may contain links to websites that are 

not governed by these Terms and Conditions (the "Linked Sites"). All such links are 

provided solely as a convenience to you. If you use these links, you will leave this 

Site. The Calvin Klein Parties are not responsible for any content, materials or other 

information located on or accessible from any other website. The Calvin Klein 

Parties do not endorse, guarantee, or make any representations or warranties 

regarding any other website, or any content, materials or other information located 

on or accessible from such websites, or the results that you may obtain from using 

such websites. If you decide to access any other website linked to or from this Site, 

you do so entirely at your own risk. You should review the policies and terms and 

conditions associated with Linked Sites closely before using, submitting information 

to such Linked Sites, and allowing children to visit Linked Sites.

14. Disclaimer of Warranty.

THE SITE AND ANY OTHER SERVICE PROVIDED BY US ARE PROVIDED 

"AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY 

APPLICABLE LAW, CALVIN KLEIN AND THE OTHER CALVIN KLEIN 

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PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS AND 

REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR 

STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR 

CONDITIONS: (i) OF MERCHANTABILITY, MERCHANTABLE QUALITY, 

FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) 

THAT ACCESS TO OR USE OF THE SITE OR ANY OTHER SERVICE OR ANY 

PART THEREOF WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER 

HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE 

CORRECTED, EVEN IF CALVIN KLEIN OR ANY OTHER CALVIN KLEIN 

PARTY IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT YOUR USE 

OF THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE 

OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS 

AND CONDITIONS APPLICABLE TO THOSE THIRD-PARTY SITES AND 

RESOURCES.

15. Limitations of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO 

EVENT WILL THE CALVIN KLEIN PARTIES BE LIABLE TO ANY PARTY 

FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR 

CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE 

RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS 

INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE ANY 

SERVICE, OR THE RESULTS THEREFROM, WHETHER BASED ON 

WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION 

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NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT 

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY 

WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE 

EXTENT PROHIBITED BY LAW (INCLUDING, E.G, AS PROHIBITED BY THE 

LAWS OF THE STATE OF NEW JERSEY OR THE PROVINCES OF QUEBEC 

OR ONTARIO). PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH 

PROHIBITIONS.

16. Termination.

Calvin Klein reserves the right to suspend or terminate your account (and, subject to 

applicable laws, delete the profile corresponding to such account and any 

accompanying content) or your use of the Site or Features or any other Service at any 

time, for any reason or for no reason. We reserve the right to change, suspend, or 

discontinue all or any aspect of this Site and Features, products and services 

available on or through the Site, or any other Service at any time without notice. You 

are personally liable for any orders that you place or charges that you incur or are 

made under your account prior to termination. We shall not be liable to you or any 

third party for any of the foregoing.

17. Governing Law and Dispute Resolution/Arbitration

Governing Law

To the fullest extent permitted by law, any claim, controversy or dispute arising out 

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of or relating to the Site or any other Service, these terms or any other policies or 

other terms incorporated herein (including the breach, termination, enforcement, 

interpretation, enforceability, validity, or rights under any of any of the foregoing) 

(each, a “Dispute”) will be governed by and construed in accordance with the laws of 

the State of New York, USA, without regard to its choice of law principles.

Binding Arbitration

To the fullest extent permitted by law, you and Calvin Klein each agree to submit 

exclusively to confidential, binding arbitration in the event of a Dispute. The 

arbitration will be held in New York, New York on an individual basis and not as a 

class action. In the event that arbitration is not permitted by applicable law: (i) the 

parties expressly agree that any Dispute will be brought and heard solely and 

exclusively in the federal or state courts of competent jurisdiction located in New 

York County, New York and (ii) the parties waive any plea or defense that such 

courts of are not the appropriate venue or that they are not subject to personal 

jurisdiction of such courts.

To the fullest extent permitted by law and subject to the terms of the paragraph 

above regarding New York jurisdiction and venue: (i) you expressly waive any right 

you may have to arbitrate a dispute as a class action; and (ii) you also expressly 

waive your right to a jury trial. The arbitration will be administered by JAMS. You 

may obtain a copy of the rules of JAMS by contacting the organization. Each of us 

shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot 

agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS 

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rules. Each party shall be responsible for its own attorney, expert and other fees, 

unless such fees are awarded by the arbitrator to the prevailing party.

Notwithstanding anything to the contrary in this Section, to the extent either party in 

any manner has violated or threatened to violate the other party’s intellectual 

property rights, the non-breaching party may seek injunctive or other appropriate 

relief in any state or provincial or federal court of competent jurisdiction.

Arbitration Final

The arbitrator’s award is final and binding on all parties. The Federal Arbitration 

Act, and not any state or provincial law concerning arbitration, governs all 

arbitration under this clause. Any court having jurisdiction may enter judgment on 

the arbitrator’s award. If any part of this clause, other than waivers of class action 

rights, is deemed or found to be unenforceable for any reason, the remainder shall 

remain enforceable. Notwithstanding anything to the contrary contained herein, if the 

waiver of class action rights contained herein is not enforceable as to any person or 

persons, such non-enforceability shall apply to such person or persons only, and all 

other persons shall continue to be governed by the Arbitration Clause.

Giving Up Right of Class Action

As stated above, to the fullest extent permitted by law, these terms provide that all 

Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A 

DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE 

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AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS 

CLAIM YOU MAY HAVE AGAINST THE CALVIN KLEIN PARTIES 

INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY 

CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT 

LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR 

PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE OR 

PROVINCIAL STATUTE.

Additional Limit on Claims

Except as otherwise prohibited by law, any Dispute must be brought within one (1) 

year from the date the cause of action arises.

To the extent that any portions of Section 17 are prohibited by law (including, 

without limitation, as may be prohibited by the laws of the Provinces of Quebec and 

Ontario, Canada). Please refer to your local laws for any such prohibitions, then such 

portions shall be modified to the extent possible and necessary to preserve the 

original intentions of this Section, and the validity or enforceability of the remaining 

portions of this Section 17 shall not in any way be affected or impaired thereby.

18. Miscellaneous

You may not use the Site or any Service to import, export re-import or re-export 

materials or other content in violation of any applicable laws or regulations including 

without limitation United States and Canada import and export laws and regulations.

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If any provision of these terms is held to be unlawful, void, or for any reason 

unenforceable, that provision will be deemed severable and will not affect the 

validity and enforceability of the remaining provisions.

These Terms and Conditions and any other policies or other terms incorporated 

herein, constitute the entire agreement between you and Calvin Klein relating to your 

use of the Site or any other Service and the use, handling, and rights to User 

Information or personal information submitted or provided by you, superseding any 

other agreement between you and Calvin Klein with respect to the subject matter 

hereof. Section headings in these terms are for convenience only and have no legal or 

contractual effect. If any provision of these terms or any other policies or other terms 

incorporated herein shall be found to be unenforceable, the other provisions shall 

still remain in full force and effect.

A printed version of these terms or any other policies or other terms incorporated 

herein shall be admissible in judicial and administrative proceedings based thereon to 

the same extent and subject to the same conditions as other business documents and 

records originally generated and maintained in printed form.

19. Contact Us.

For issues or questions related to the Site or any other Service or these Terms and

Conditions please send a message to Customer Service or call us at 866-513-0513.

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59) Due to Plaintiff’s disability, he could not understand Defendant’s website and he could not 

give informed consent to Defendant’s installation of data and information tracking software on his

computer. Defendant also could not give informed consent to Defendant’s collection of his

browsing history and the placement of analytics on his computer.

60) Thus, Plaintiff has no adequate remedy at law to redress Defendant’s knowing and reckless 

disregard for Plaintiff’s right to exclude others from his computer and determine which programs 

should be installed and operated on his computer.

WHEREFORE, Plaintiff demands judgment against Defendant for Plaintiff’s damages, interest, 

costs, and such further relief as the Court deems just and equitable.

Request for Jury Trial

61) Plaintiff requests a jury trial.

Submitted by:

Mendez Law Offices, PLLC

Attorneys for Plaintiff

P.O. BOX 228630

Miami, Florida 33172

Telephone: 305.264.9090

Facsimile: 1-305.809.8474

Email:info@mendezlawoffices.com

By: /s/ 

DIEGO GERMAN MENDEZ, ESQ.

FL BAR NO.: 52748

Adams & Associates, P.A.

Attorneys for Plaintiff

6500 Cowpen Road, Suite 101

Miami Lakes, FL 33014

Telephone: 786-290-1963

Facsimile: 305-824-3868

Email: radamslaw@bellsouth.net

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By: /s/ 

RICHARD J. ADAMS, ESQ.

FL BAR NO.: 770434

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