By texting the keyword to the given short code, or by signing up through our website, You are consenting to receive text messages that may be sent via an automatic telephone dialing system to the mobile number provided from Abercrombie & Fitch Stores, Inc., its affiliates or its successors ("A&F") and, if also selected, from the separate programs operated by our other brand Hollister Co. You understand that you are not required to provide your consent as a condition of purchasing any goods or services.
You agree that when You consent to receive text messages from any of our text message programs, You will receive confirmatory opt-in text messages from the respective program. You agree to receive opt-out texts from any of our programs if You subsequently reply STOP to any text messages you receive, or if You unsubscribe through the shipment tracking website. For help related to any text message program, reply HELP to any text message received. You agree that when You initiate a text message to any of our text message programs, You may receive related text messages in reply.
Message and Data Rates May Apply.
Please consult Your service agreement with Your wireless carrier to determine Your phone's pricing plan. This program may not be available on all wireless carriers. The carriers supported by this program are AT&T, Boost Mobile, Sprint, T-Mobile, U.S. Cellular, and Verizon, but A&F may add or remove any wireless carrier from this program without notice.
You warrant that You have provided Your accurate mobile telephone number to A&F and that You have authority to consent to receive text messages at that number. Before changing, deactivating, or relinquishing Your mobile phone number, You agree that You will opt-out of A&F text message programs, or text message programs offered by our other brands which You may have signed up to receive. Failure to do so constitutes a material breach of these Text Terms.
For customer service related to A&F text message programs, please call toll free to +1-866-681-3115.
You agree that A&F may change these Text Terms from time to time, through updating the online version of these Text Terms. Should there be a material change to these Text Terms, A&F will provide notice of such change via text messaging.
Any Dispute between You and A&F shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
This arbitration provision shall be interpreted broadly. "Dispute" means any claim or controversy between You and A&F, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. "Dispute" does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision. "You" means the person who subscribed to receive text messages from or on behalf of A&F and any intended or unintended beneficiaries of this Agreement, including but not limited to any subscriber to the mobile number that received text messages. "A&F" means Abercrombie & Fitch Stores, Inc., and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.
Right to Sue in Small Claims Court.
Notwithstanding anything in this arbitration provision to the contrary, either You or A&F may bring an individual action in small claims court if the amount claimed is within the jurisdiction of that court.
Right to Reject Future Changes to this Arbitration Provision.
You may reject future changes to this arbitration provision by sending A&F written notice by certified mail postmarked no later than thirty (30) days after Your first receipt of notice of the change to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. Your decision will not adversely affect Your relationship with or service from A&F. If You previously notified A&F of Your decision, You need not do so again.
Procedures for Arbitration.
This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (collectively the "AAA Rules") as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879).If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, You and A&F will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless You and A&F agree otherwise, any arbitration hearing will take place in the county where You reside. The arbitrator will issue a reasoned written decision that explains the essential findings and conclusions. The arbitrator's award may be entered in any court of appropriate jurisdiction.
Right to Arbitral Fees and Costs.
If You claim more than $10,000, the payment of the AAA's fees and costs will be governed by the AAA Rules. If You do not claim more than $10,000, the payment of the AAA's fees and costs will be A&F's responsibility. However, if the arbitrator finds that Your Dispute was frivolous or brought for an improper purpose, the payment of the AAA's fees and costs will be governed by the AAA Rules and You will reimburse A&F for all fees and costs that were Your obligation to pay under the AAA Rules.
Right to Attorneys' Fees and Costs.
You may hire an attorney to represent You. You are responsible for Your attorneys' fees and costs. You may recover them from A&F to the same extent as in court.
Waiver of Jury Trials.
Disputes in arbitration and small claims court are resolved without a jury trial. Whether in arbitration or court, You and A&F waive the right to a jury trial.
Waiver of Class Actions.
Whether in arbitration or court, You and A&F waive the right to prosecute or participate in a class action, collective action, or other representative action. You and A&F may seek relief only on behalf of themselves and only to the extent necessary to remedy their individual claims. This class action waiver is a material and essential part of and cannot be severed from this arbitration provision.
This arbitration provision shall survive the cancellation or expiration of the Agreement.