Endorsements Social Media Engagement
Endorsements & Social Media Engagement Policy ("Policy")
Updated: July 2023The Policy contains a mandatory dispute resolution provision that includes a binding arbitration provision, class action waiver, and jury trial waiver that affect your rights. This arbitration provision requires that disputes be resolved in individual arbitration or small claims court proceedings. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review carefully.
If you are a "fan," "follower" of or otherwise voluntarily engage with Abercrombie & Fitch or any of its affiliated brands (including Hollister Co.) ("we" or "A&F") by emailing, posting, uploading or otherwise submitting photographs, graphics, screenshots of any A&F provided site, content or service, videos, messages, comments or other material (collectively referred to herein as "Post(s)") on any A&F page, profile, or feed (collectively referred to herein as "Page") of any social media platform ("Platform") (e.g. Facebook, TikTok, Twitter, Instagram, Pinterest, SnapChat, YouTube, Wanelo, We Heart It, et al.), or making any personal statement through a Post or otherwise in any media/medium which endorses A&F products or services ("Endorsement"), this Policy applies to you. If you do not comply with this Policy at any time, A&F reserves the right to restrict your use of or access as to A&F's Pages at its sole discretion without prior notice, in addition to any other legal or contractual remedies that may be available. For the purpose of this Policy, anyone who engages in any manner with any A&F Page is a "User".
For information on how we may collect and/or use your personal information, please see our Privacy Policy. A&F's Pages are in no way sponsored or endorsed by the social media Platform(s) themselves. This Policy does not cover the privacy and security practices of any Platform. Please review each respective Platform's privacy policy and terms of service if you have questions about such Platform's terms of use and privacy or security practices.
Table of Contents
User Generated Content
We may at times invite you to submit Posts or you may proactively elect to submit Posts. If your Post (a) includes a hashtag promoted by us (e.g., #abercrombiepartner) or that overtly references our brand (e.g., #abercrombie, #abercrombieandfitch, #abercrombiestyle), (b) tags our official brand handle, or (c) otherwise demonstrates your intent to engage with our brand (e.g., commenting on our posts) you agree to the following:
You consent and grant to A&F the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across A&F's digital properties (e.g., on A&F's branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve A&F's use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for A&F's use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
To the extent your Post incudes any references to and of our AI Tools (as described in our Website Terms of Use), you agree: (1) to disclose that the content was generated by artificial intelligence technology, (2) not to state or imply that such content was endorsed by A&F or reflects the views of A&F, and (3) not to misrepresent the presentation or operation of the AI Tool.
You understand and acknowledge that your Post may be open to public commentary that is not under the A&F's direct control and does not necessarily reflect the views of A&F. While A&F may curate Posts, A&F does not warrant their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider. Posts may be removed by A&F at any time and for any reason.
The rights to A&F's information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than A&F. Additionally, certain content displayed and contained within A&F Pages is the original authorship of A&F and is owned exclusively by A&F. By being a User of or Posting on any of A&F's Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by A&F or a third party, other than as provided herein.
You may request removal of any of your User-Generated Content by sending a removal request email to Privacy@Anfcorp.com. Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted. Please note that removal may not encompass all possible locations; for example, back-ups or sharing by other users initiated prior to removal.
A&F respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may notify our designated copyright agent by mail at Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054 ATTN: INTELLECTUAL PROPERTY DEPARTMENT or at Trademark@Abercrombie.com. Please make sure to include the following information with your notification:
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit A&F to locate the material including a link to or URL for the material;
- identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- your name, address, telephone number, and email address, so that we may contact you if necessary;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Endorsements
A&F is committed to complying with all laws and regulations requiring clear and accurate advertising messages, Endorsements and testimonials when communicating with the public, including the disclosure of all material connections between an A&F marketing promotion using any Page and a User's participation in that promotion. This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all A&F employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing A&F products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of A&F, whether they are engaged by A&F directly or through an agency, representative of an agency, subsidiary or franchise (collectively referred to herein as "Endorsers"). This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Platforms in general or any other form of media which may be used to advertise.
Endorsers are responsible for their opinions, comments and content made in Posts and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of A&F or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts. In addition, Endorsers should at all times be aware that Posts may remain public or may be archived so that such Posts may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about A&F and/or its products or services, Endorsers must adhere to the following general standards and disclosure requirements:
-
General Standards
Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences. Endorsers may not make statements about experiences with a product not personally used, examined or evaluated.
Endorsements by organizations must reflect the collective judgment of the organization.
Endorsers may not make deceptive, misleading or untruthful claims about A&F's products or services.
Endorsers may not make any claims about A&F's products or services that are not substantiated.
Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others.
Endorsers may not use any intellectual property of A&F in their Endorsement without the prior written consent of A&F in each instance, and such use must be in accordance with the specific guidelines provided by A&F.
Endorsers may not make any comments or Posts that in any way promotes unsafe or dangerous activities.
Endorsers may not make any comments or Posts that violate local, state or federal law.
Endorsers that are also employees of A&F must adhere to all employee guidelines found in the employee handbook, specifically including the "Social Media & Networking" section.
Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about A&F (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.
-
Disclosure Requirements
Endorsers must clearly and conspicuously disclose any "material connections" to A&F in all advertising, promotional and Endorsement related communications concerning A&F and/or its products or services.
- Material Connection
- A connection that is not reasonably expected by the audience or not readily apparent from the context of the communication that may affect the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser.
-
Such connections may be found in the form of:
- Receiving consideration (i.e. monetary compensation, including fees or commissions; gift cards; event access; prizes; free or discounted products or services) provided by A&F (or any of its agents acting on its behalf) to the Endorser;
- A relationship between A&F and the Endorser (such as employment or contractual relationships); or
- Potential consideration gained through a promotion, contest, or sweepstakes for which participation is conditioned upon an Endorsement.
-
Some examples of adequate material connection disclosures may be as follows:
- I received [product] from A&F as a gift;
- [Thanks to][Courtesy of] A&F, I was given [product];
- A&F sent me [product] to try;
- This post is a paid advertisement for A&F;
- I am an employee of A&F; or
- Tagging an Endorsement on any Platform with a hashtag that discloses the material connection of the Endorsement to A&F or a specific promotion or contest; possible acceptable examples may include #Ad, #AbercrombieContest, #AbercrombiePartner, etc.
- The above are only examples of disclosures which may be adequate. Variations of those examples may also be adequate depending on the context. The key is to disclose that there is a relationship between A&F and the Endorser which a reasonable consumer reading the Endorsement may not have realized (e.g. an employment relationship, a paid advertiser relationship, or related to a promotion or contest advertised by A&F).
Disclosures need to be made in a clear and conspicuous manner. This generally means the disclosure should occur in close proximity to where the Endorsement was made and in a similar size, font and color.
Endorsers who post their own opinions, comments, content or recommendations about A&F, and/or its products or services, must disclose that their views do not necessarily represent those of A&F.
Posting Guidelines
Failure to comply with the following Guidelines will cause a Post to be rejected and pulled from A&F's Pages and may result in immediate disqualification from being a User of A&F's Pages:
- Personal Attacks: Disrespecting, insulting or personally attacking other Users or Posts will not be permitted. Behavior and comments that may result in others feeling threatened or specifically targeted or abused will not be permitted.
- Discrimination: Discrimination or prejudice based upon race, color, religion, creed, sex, sexual orientation, national origin, age, disability, veteran status, and any other protected status, will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed.
- Pornographic Material: Pornographic material and/or references to it are not permitted in Posts and Posts containing such will be removed.
- Violence: Any Post or statement inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed.
- Hatred: Constructive debate is permitted, but hatred towards any User or specific categories of Users will not be tolerated.
- Libelous Statements: Libel of any kind is not permitted. Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and/or interests.
- SPAM: Any Post or statement that disrupts the normal flow of chat is not permitted. Examples: garbled or nonsense sentences, duplication of words and numbers. Users may not use the community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Also, Posting under multiple nicknames is not allowed.
- Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects, in A&F's sole discretion, will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs or anything deemed to distress Users or the parents or guardians of Users or anything deemed to be socially unacceptable.
- Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including drugs, prostitution, fraud, stalking, extortion and terrorism.
- Unauthorized Content: The content you submit to A&F Pages will not contain any trademarked or copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the owner of such material or you are otherwise licensed to Post the material and to grant A&F all relevant licenses and permissions to use the material as contemplated herein.
Associates who violate any portion of this Policy will be disciplined, up to and including termination.
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.
-
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.
-
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.
-
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.
-
Waiver of Jury Trials.
- You and A&F waive the right to a jury trial to the fullest extent permitted by applicable law.
-
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.
-
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.
A&F reserves the right to change, alter, or modify this Policy at any time without prior notice. If you do not fully agree to this Policy, then do not submit any Posts or Endorsements.