Foot Locker SMS Terms & Conditions:

IMPORTANT: The section below titled “Arbitration and Class Action Waiver” requires you to arbitrate claims you may have against Foot Locker (meaning you cannot bring claims against Foot Locker in court), and it confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.

By participating in Foot Locker mobile alerts you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. After opt-in to Foot Locker Alerts you will receive a one-time use code for $20 off of any Foot Locker online purchase over $100 that is valid for six (6) months from the date of your opt-in. If you would like to be removed from the Foot Locker mobile alerts list you must text STOP to 31622 to opt-out. This is the exclusive method for opting out. After texting STOP to 31622 you will receive one additional message confirming that your request has been processed. Text HELP to 31622 for help or contact customer care at https://www.footlocker.com/feedback.

In the event that you change or deactivate your mobile number it is your responsibility to notify Foot Locker at [www.vibes.com/help] to have your number removed. Most wireless carriers support Foot Locker mobile alerts. Check with your wireless carrier if you have questions. The wireless carrier does not guarantee that alerts will be delivered and will not liable for delayed or undelivered messages.

Additionally, Foot Locker reserves the right to alter message frequency at any time (i.e., we may change the frequency of texts that you receive under this program). We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

Arbitration and Class Action Waiver

Please read this carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute or claim relating in any way to your use of Foot Locker will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Foot Locker hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules”), as modified by these SMS Terms and Conditions, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”), which are in effect at the time of filing of the arbitration (collectively, the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these SMS Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THESE SMS TERMS AND CONDITIONS, YOU AND FOOT LOCKER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THESE SMS TERMS AND CONDITIONS DO NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND FOOT LOCKER AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Foot Locker are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Foot Locker, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other JAMS case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the JAMS Rules regarding costs and payment apply.

The Arbitrator’s Decision. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Foot Locker that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to Additional Contract Terms

Limitation of Liability

We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this Foot Locker mobile alerts under these SMS Terms and Conditions is governed by the laws of the State of New York, without regard to its conflict of laws principles.

Severability

If any term of these SMS Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to Terms

These SMS Terms and Conditions are subject to change at any time without notice.

Last Updated: August 2018