A&F Club Terms

Who Can Join?

myAbercrombie is currently only available to residents of the United States age fourteen (14) and older. Employees, officers, directors, agents and representatives of A&F are eligible to join but may be excluded from certain promotions.

How Does It Work?

Becoming a Member. Become a Member by signing up at a participating U.S. A&F or abercrombie kids store, (excluding San Francisco Premium Outlet, Katy Mills Mega Outlet, Gurnee Mills Mega Outlet, and Plaza Las Americas locations) or through the A&F website or Mobile Application ("App"). Note, individuals who have an active online account with A&F are already Members in myAbercrombie. Upon signing up for a Membership, individuals will receive an email confirming their Membership in myAbercrombie within three (3) days of signing up. Only one (1) myAbercrombie Membership is permitted per person, per email address.

Registering Purchases. When making a purchase in a store, Members may register purchases with their myAbercrombie ID at checkout by having the associate scan the myAbercrombie ID found inside the Member's myAbercrombie account. Associates can also look up a Member's myAbercrombie ID using the email address or the ten-digit telephone number provided upon registration to be a Member of myAbercrombie. When making purchases online, Members must sign into their Membership prior to making the purchase. Note, all purchases made when using the myAbercrombie ID (both in store and online) are available to be viewed on the "My Orders" and "History" sections in the myAbercrombie Membership page.

What are the Perks of myAbercrombie?

Points can be earned towards a Reward ("Reward") redeemable for savings on purchases (details explained below under "Base Rewards" section).

Special Birthday Surprise.

Special Member only pricing, discounts, and rewards.

Possible store contests and potential special Members only events.

Occasional Early Access to Products and Promotions.

Earning Points

Points are earned at the time of purchase when a Member provides or scans their myAbercrombie ID at stores or if a Member is signed into their Membership when ordering online, points will be earned at the time of shipment. Only one (1) myAbercrombie ID can be used per transaction.

Members earn 10 points for every net dollar spent (including using gift cards as tender on purchases) on any Eligible Product Purchases (as defined below). Net dollars spent is the amount spent on an Eligible Product Purchase, excluding the use of merchandise credit as tender and minus the costs specified below on point calculations.

All product purchases (excluding purchases of gift cards and e-gift cards) earn ten (10) points for every net dollar spent in store or online. Points earned will be rounded to the nearest whole cent.

Points are also earned for approved online reviews on the product page(s) of the item(s) you purchased. You may review a product or products you purchased via the product page itself or from a post purchase email. For each approved review, you will receive two hundred (200) points. It can take up to ten (10) days for the points to post to the corresponding myAbercrombie Membership.

myAbercrombie may identify additional opportunities for Members to earn points from time to time. For example, those opportunities may include the following:

• Share details on Member profile. Points may be awarded for each additional detail provided with a Membership profile (details which qualify to earn points will be indicated within the myAbercrombie Membership page, but will not include name, phone, or email address as these are required fields for Membership creation). Points will only be awarded once per lifetime of each Membership.
• Initial Membership sign-in on App. Points may be awarded for the initial sign-in to myAbercrombie on the App after the first App download. Points will only be awarded once per lifetime of each Membership.
• In-store check-in. myAbercrombie Members are eligible to earn 100 points by checking in through the A&F App during store visits. This offer is not valid outside the US, EU, and UK. myAbercrombie Members are eligible to redeem offer one (1) time per day and up to fifty-two (52) times per Calendar Year. A&F associates are not eligible to receive points for in-store check-ins.

Points will post to the corresponding myAbercrombie Membership within approximately forty-eight hours (48) hours from in-store purchase or date of online or store order shipment. If Members do not identify themselves at time of purchase, a manual adjustment can be made to add the points to the myAbercrombie Membership for up to thirty (30) days from the actual purchase date. Please see the "History" section of Membership for instructions on how to do this.

Point calculations are based upon dollars spent at checkout on Eligible Product Purchases. "Eligible Product Purchases" means purchases of A&F products such as clothing, accessories, and personal care items such as fragrance. The following costs are excluded from point calculation of Eligible Product Purchases: sales tax, state fees, shipping & handling or delivery charges, gift wrap fees, and purchase of gift cards or e-gift cards. Also, Members do not earn points for the amount of any coupon, discounts, or merchandise credit applied to purchases, as well as the value of any Reward being redeemed. A&F has the right to make the final decision on whether any product purchase qualifies for points.

When Members return products to the store or return online purchases by mail, points previously posted for that purchase will be deducted from the point balance of the myAbercrombie Membership provided at the time of purchase. If a Member's point balance is insufficient to cover a deduction related to a return, the Members' point balance may go into the negative, and any Membership reaching into a negative balance is subject to be suspended from all further activity at the discretion of A&F. Members with a suspended account will need to reach A&F's Customer Service Department to seek reinstatement. If an account has a negative balance, all earned points will apply first to the negative balance before a Member may begin earning points eligible for conversion to a Reward.

Points are property of A&F, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Unused points will expire twelve (12) months after they have been issued if there is no activity on the Membership within the twelve (12) month period. Points that remain on a myAbercrombie Membership will also expire and are forfeited if myAbercrombie is terminated or the myAbercrombie Membership is closed. Points may not be combined among Members.

Base Rewards

When Members reach various point thresholds as outlined below, they will automatically have those points converted into a Reward redeemable for money off their purchase at an A&F or abercrombie kids store or Abercrombie.com (excluding San Francisco Premium Outlet, Katy Mills Mega Outlet, Gurnee Mills Mega Outlet, and Plaza Las Americas locations).

Point Level Rewards

Point Levels:	Reward Value:
2,500	$10 Reward
5,000	$20 Reward
7,500	$30 Reward
10,000	$40 Reward

VIP

Rewards

Rewards are valid only in the U.S. in stores and online. Not valid outside of the U.S. or at San Francisco Premium Outlet, Katy Mills Mega Outlet, Gurnee Mills Mega Outlet, and Plaza Las Americas stores. Reward expiration dates will vary. Check your Reward for the exact expiration date. Reward applies pre-tax or state fee and cannot be used for purchases of gift cards, e-gift cards, shipping & handling or delivery charges, and gift wrap. Reward cannot be applied to previous purchases. Reward must be presented/entered at time of purchase in stores or online. Discount will be applied at checkout to all eligible items and will be deducted upon return of any item to which the discount was applied. Rewards may be used in conjunction with other Rewards (as limited below) and most other discounts or offers toward the purchase of products, for a discount up to the total purchase amount. If the purchase total is less than the value of the Reward(s) being used, any unused portion of any given Reward's value is forfeited. There is a limit of three (3) Rewards per transaction. Rewards constitute a discount from your purchase amount and shall not be considered tender. Rewards are not redeemable for cash or store credit. Rewards are non-transferable and not for resale. Rewards are valid for one (1) time use only. Lost, stolen, or expired Rewards will not be replaced.

Rewards will be posted to myAbercrombie Memberships within approximately twenty-four (24) hours after points are converted into a Reward. Based on the Reward value reached, the corresponding amount of points will be deducted from the myAbercrombie Membership balance for every Reward issued. Rewards should be available for use soon after Member has received Rewards. Once points have been converted into a Reward, they cannot be converted back into points even if the Reward is never redeemed and expired.

Members may earn up to a maximum of one hundred thousand (100,000) points per calendar year. "Calendar Year" is defined as the one-year period beginning on January 1 and ending on December 31. Therefore, as an example, Members in good standing may earn up to a maximum of forty (40) $10 Rewards per Calendar Year, twenty (20) $20 Rewards per Calendar Year, roughly thirteen (13) $30 Rewards per Calendar Year, ten (10) $40 Rewards per Calendar Year, or other various combinations of different Rewards values.

Rewards are property of A&F, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Unused Rewards that remain on myAbercrombie Memberships expire as indicated and are forfeited if myAbercrombie is terminated or the myAbercrombie Membership is closed. A&F is not responsible for lost Rewards, including due to change of email address, or other contact information.

Email Communication

Upon signing up for Membership in myAbercrombie, individuals will sign up to receive emails and/or social media messages, for example, Facebook messages, regarding special Members only offers and events, as well as new features of myAbercrombie. myAbercrombie communications would be in addition to general marketing communications from A&F about A&F products (should Member be otherwise signed up to receive these general emails). Furthermore, Members who scan or provide their myAbercrombie ID at the store with a purchase will automatically receive an e-receipt confirmation at the email address listed in the myAbercrombie Membership. E-receipts are neither A&F marketing nor myAbercrombie Membership communications, but merely confirmations of store purchases.

A&F brand marketing and myAbercrombie marketing emails will include opt-out instructions should individuals no longer want to receive any of these types of A&F communications. Even if a Member opts out of marketing materials, if the myAbercrombie Membership is still active, Members will continue to receive relationship/operational communications related to myAbercrombie unless the myAbercrombie Membership is deleted. Individuals do not need to delete their myAbercrombie Membership to opt-out from receiving A&F brand marketing, myAbercrombie marketing, or e-receipt communications.

You can opt-out of receiving e-receipts from a store purchase by emailing the request to Privacy@Anfcorp.com from the email address associated with your myAbercrombie Membership. Members can opt-out of receiving myAbercrombie marketing and/or A&F brand marketing communications by going to the Unsubscribe page and entering the email address and/or social media account information associated with the myAbercrombie Membership and/or A&F brand marketing email subscription, or by following the unsubscribe instructions contained in the footer of any of these communications, or by updating their marketing preferences in the myAbercrombie account profile.

Deletion of myAbercrombie Membership

We don't think anyone will want to stop getting the great benefits of myAbercrombie, but Members who decide they want to delete their myAbercrombie Membership can use the Contact Us section of the Help page and include the email address of the myAbercrombie Membership they wish to delete.

Deletion of a myAbercrombie Membership deletes the Member's entire account on Abercrombie.com. If a Member decides to delete their myAbercrombie Membership, all unused points and Rewards will be void. If the Member subsequently signs up to become a Member again we will not reinstate the previously void, unused myAbercrombie points or Rewards.

If a Member chooses to delete their myAbercrombie Membership but has separately signed up for A&F brand marketing communications, the Member will be opting out of both myAbercrombie marketing and A&F brand marketing communications. Deleting the myAbercrombie Membership will also cancel e-receipts, unless the Member independently opts-in to receive e-receipts.

A&F will automatically delete myAbercrombie Memberships which have been inactive for more than four (4) calendar years. A myAbercrombie Membership is considered inactive if there have been no transactions, profile updates, point activity, or other account updates. Deleted accounts cannot be recovered.

Suspending myAbercrombie Membership

Members may choose to suspend their myAbercrombie Membership at any time for any reason. To suspend an account, Members should reach out to A&F's Customer Service Department and request their account be suspended. To remove a suspension on an account, Members should contact A&F's Customer Service Department.

General Terms of myAbercrombie

• All questions regarding myAbercrombie in general or these Terms in specific should be directed to either Abercrombie@Abercrombie.com or 866-681-3115.
• To learn how we use personal information submitted through myAbercrombie, please review our Privacy Policy.
• A&F reserves the right to suspend or delete any myAbercrombie Membership and participation in myAbercrombie at any time for any reason, including for any suspected fraudulent use of myAbercrombie.
• A&F is a private label brand. To protect its intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. Those suspected of reselling are prohibited from becoming a Member in myAbercrombie. A&F will not accept any order found to have characteristics of reselling. A&F reserves the right to cancel all subsequent orders from such customers.
• As to the requirement of only one (1) myAbercrombie Membership per person per email account, if there is a dispute regarding the email account, it will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, or online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
• These Terms supersede all previously published Terms in their entirety.
• A&F reserves the right to make bonus points and other promotional offers available to select Members based on purchase activity, geographic location, myAbercrombie participation, and/or information supplied by the Member, or other factors. A&F reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion, with or without notice to Members.
• A&F reserves the right to delete myAbercrombie and/or its benefits at any time with or without notice to Members. Unused Rewards that remain on myAbercrombie Memberships are forfeited if myAbercrombie is terminated or the myAbercrombie Membership is closed.
• A&F reserves the right to change these Terms with or without notice, including the terms related to earning points and Rewards.
• All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from the A&F site (including music, photos and videos) remains the sole and exclusive property of A&F or its licensor. The use of such content is subject to the restrictions imposed by these Terms and copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. Members agree that they will not interfere with A&F's or its licensors' rights to their content and will not circumvent, or attempt to circumvent, any technology or methods used by A&F or its licensors to prevent the unauthorized reproduction or distribution of content accessible via myAbercrombie.
• A&F, its parent and subsidiaries and affiliate entities, and their respective directors, officers, employees and agents make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to myAbercrombie, Membership in myAbercrombie, or any products or services related to myAbercrombie.
• Members are responsible for providing the correct email address to receive myAbercrombie points and Rewards and to update their myAbercrombie Membership should their e-mail address change.
• These Terms will be governed by and construed under the substantive laws of the State of Ohio, without reference to conflict-of-laws considerations.
• Becoming a Member of myAbercrombie means Member is bound by these Terms.

Limitation of Liability.

1. For purposes of this limitation of liability provision, "A&F" includes A&F, its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of its and their respective officers, directors, employees and agents.

2. To the fullest extent permitted by applicable law: in no event will A&F be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, or damages for business interruption) (collectively, "damages"), arising from or in any way related to myAbercrombie, the use of any reward by someone other than the myAbercrombie member to whom the reward was sent, or to this agreement, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if A&F has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

3. These limitations of liability shall survive the termination or expiration of this agreement. Certain jurisdictions do not allow these limitations on liability for certain types of damages; as a result, the limitations of liability contained herein may not apply to you in whole or in part. The foregoing paragraph may not apply to a resident of New Jersey.

Dispute Resolution (including informal dispute resolution process; arbitration provision; class action waiver; jury trial waiver; governing law and forum)

Please read this section carefully - it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, a class action waiver, a jury trial waiver, and a provision on governing law and forum.

1. Definitions.

   • "Dispute" will be given the broadest possible meaning permitted by law. "Dispute" means any claim or controversy between you and A&F, including but not limited to: (1) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after the cancelation or expiration of this Agreement. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in this Agreement; (2) issues that relate to the scope, validity, and enforceability of the arbitration provision, class action waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. This Agreement and this arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. Notwithstanding anything in this arbitration provision to the contrary, either you or A&F may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights. You and A&F agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
   • For purposes of this Dispute Resolution section, "A&F" means Abercrombie & Fitch Stores, Inc., and any of its past, present, or future subsidiaries, parents, affiliates, assigns, or vendors and independent contractors, and each of their officers, directors, employees and agents.

2. Mandatory Informal Dispute Resolution Process.

   • Should you and A&F (each a "party," and collectively, the "parties") have a Dispute, the parties agree that they will make a good faith effort to resolve it informally. Compliance with this informal dispute resolution process ("Process") is a condition precedent to commencing any formal Dispute resolution proceeding in arbitration, small claims court, or otherwise.
   • The parties agree that any relevant limitations period (including any statute of limitations) and filing fee or other deadlines will be tolled from the date of receipt of a completed notice through the conclusion of this Process.
   • The party initiating any Dispute must send the other a written notice of the Dispute that includes all of this information: (1) information sufficient to identify any transaction and account at issue; (2) contact information (including name, address, telephone number, and email address); and (3) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice by email to disputeresolution@anfcorp.com or by mail to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you.
   • For a period of 60 days from receipt of a completed notice, you and A&F agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and an A&F representative will personally attend (with counsel, if represented). The parties agree to participate in good faith in this conference, which will be held at a time convenient for both parties, and throughout this Process. If for some reason the Dispute is not resolved within 60 days after receipt of a completed notice, which can be extended by agreement of the parties, you and A&F agree to the further Dispute resolution provisions set forth below.
   • If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration.

3. Mutual Arbitration Provision.

   • Any Dispute between you and A&F that is not resolved as set forth above will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn't removed or appealed to a court of general jurisdiction. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.

   • Procedures for Arbitration.

     • Arbitrations shall be heard and determined by a single arbitrator and 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). You and we understand and agree that the AAA's administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, the parties will work together in good faith to agree on an arbitration organization that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
     • To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or A&F must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process set forth in the Informal Dispute Resolution Process section; and (3) contact the AAA or the applicable arbitration administrator and follow the appropriate procedures to commence the arbitration. If the party initiating the arbitration is represented by an attorney, the arbitration demand must also be signed by the attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 against any represented party and their counsel. Your demand for arbitration must be sent to: Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. A&F's demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to A&F.
     • Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award. You and A&F agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or A&F may elect to engage with the AAA regarding arbitration fees, and you and A&F agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
     • The arbitration may be conducted by telephone, video, based on written submissions, or in-person, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and A&F reserve the right to request a hearing in any matter from the arbitrator. Any in-person hearing will be held in the county or parish where you live or at another mutually agreed location. You and an A&F representative will personally appear at any hearing (with counsel, if represented).
     • The arbitration will be conducted by a single arbitrator who will apply and be bound by this Agreement as a court would, and will make determinations regarding any Dispute according to applicable law and facts based upon the record and no other basis. An arbitrator may award any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

   • Additional Procedures for Multiple Case Filings.

     • You and A&F agree that these Additional Procedures for Multiple Case Filings (in addition to the other sections of this arbitration provision) shall apply if you choose to participate in a Multiple Case Filing. If 25 or more similar claims are asserted against A&F by the same or coordinated counsel or are otherwise coordinated, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties' and the AAA's resources. If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
     • Stage One: If at least 100 Disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for A&F shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration or shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, the parties agree that they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims, and A&F shall pay the mediator's fee.
     • Stage Two: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for A&F shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 5 cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and A&F shall pay the mediator's fee.
     • Upon completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the mass filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
     • The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

   • Future Changes to Arbitration Provision.

     • If we make any future changes to this arbitration provision (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the address provided above within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and A&F in accordance with this version of the arbitration provision.

4. Waiver of Jury Trials.

   • You and A&F waive the right to a jury trial to the fullest extent permitted by applicable law.

5. Waiver of Class Actions.

   • You and A&F agree that any proceeding, whether in arbitration or litigation, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

6. Governing Law and Forum; Survival.

   • This Agreement is governed by the laws of the state of Ohio, United States of America, without regard to Ohio's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration provision is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Ohio, United States of America, for purposes of any legal action arising out of or related to this Agreement, and waive any objections as to personal jurisdiction as to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court.
   • This Dispute Resolution section shall survive the cancellation or expiration of the Agreement.

Severability and Survival

Except as otherwise provided herein, if any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

In addition to such other provisions hereof which, by their terms, survive any termination or expiration of these Terms of Use, the following sections shall survive termination of these Sale Terms: Limitation of Liability, Jurisdiction, and Dispute Resolution.