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SMS Terms and Conditions

PLEASE CAREFULLY READ THESE MESSAGING TERMS AND CONDITIONS, INCLUDING THE BINDING ARBITRATION PROVISION THAT REQUIRES MOST DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS (SEE DISPUTE RESOLUTION SECTION BELOW AND THE SUBSECTIONS THAT FOLLOW IT). THIS BINDING ARBITRATION PROVISION IMPACTS YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES, AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

PLEASE NOTE THAT YOUR USE AND ACCESS TO OUR MESSAGING SERVICES ARE SUBJECT TO THE FOLLOWING MESSAGING TERMS AND CONDITIONS.

For information on your data rights and our data collection, use and sharing processes as you interact with our Services please consult our Privacy Statement.

Foot Locker Messaging Terms & Conditions

 

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Foot Locker, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Foot Locker reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Foot Locker also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Foot Locker, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Terms of Use and Foot Locker Privacy Statement.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

 

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT in response to any message we send or to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Foot Locker and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Foot Locker through any other programs you have joined until you separately unsubscribe from those programs.

Customer Care

 

If you are experiencing any problems with your Order or need help placing your order, please email              customercare@footlocker.com or  visit https://help.footlocker.com/hc/en-us. For any other questions please contact counsel@footlocker.com and submit details about your problem or your request for support.  You can also text the keyword HELP to our shortcode.   

Contact

 

This message program is a service of Foot Locker, located at :

Foot Locker, Inc.
330 West 34th Street
New York, New York 10001
Attention: General Counsel 

Dispute Resolution

 

YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO, THE TERMS AND/OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE MESSAGING SERVIES, SITES OR APPS, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITES OR APPS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY: (A) FINAL AND BINDING, BILATERAL ARBITRATION, subject to the limited exceptions below; OR (B) IN A SMALL CLAIMS COURT ON INDIVIDUAL BASIS, if your claims qualify.

 

Disputes

Except for matters that are specifically and expressly excluded herein, this binding agreement to arbitrate covers any and all disputes, claims, suits, actions, causes of action, demands, or proceedings between you and any of us (individually, a “Dispute”).  Disputes shall include, but are not limited to, any claims or controversies between you and us (or any of us) in any way relating to or arising out of in any way the Services and/or any other subject matter covered by or relating to these Terms, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and us (or any of us), even if the claim arises after you or we have terminated use of Services.  Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, and/or other representatives; (b) we bring against you; (c) in any way relate to or arise out of any aspect of the relationship between you and us (or any of us), whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you assented to these Terms or out of a prior set of terms and/or conditions applicable to our relationship with you; (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms.  Excluded from the definition of Disputes is any claim where either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.

 

Binding Arbitration Process and Procedure

If we cannot resolve a Dispute informally, any Dispute will be resolved only by binding, bilateral arbitration before one or more neutral arbitrators in accordance with the terms of this Arbitration Agreement. You understand that by this Arbitration Agreement, you are giving up the right to a jury trial and to have your dispute resolved in court.

Any dispute, claim or controversy arising out of or relating to this Arbitration Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope, applicability, or enforceability of this Arbitration Agreement, shall be determined by arbitration. 

Unless you and we otherwise agree, the arbitration shall be conducted via telephone, videoconference, or within the county in which you reside.  You have the right to an in-person hearing in your hometown area. 

Any arbitration under this Arbitration Agreement will take place on an individual basis; class arbitrations, class actions, and representative actions are not permitted.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms as a court would.

You and we agree that each party will provide written notice to the other party at least thirty (30) days prior to initiating an arbitration or small claims court proceeding, so that the parties can attempt in good faith to resolve the dispute informally.  Notice to us shall be sent to us (or any of us) by certified mail or courier to:

Foot Locker, Inc.
330 West 34th Street
New York, New York 10001
Attention: General Counsel

 

Such notice must include (a) your name, postal address, telephone number, the email address you use or used in connection with your prior interactions with us and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking.  Our notice to you will be sent electronically and/or to the most-recent address we have in our records for you; it is your responsibility to keep your address up to date.  If you and us cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or us may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.

 

The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and, where applicable, the JAMS Consumer Arbitration Minimum Standards for consumers.  The JAMS rule are available at www.jamsadr.com.  Unless the parties otherwise agree, the arbitration shall be conducted before a single arbitrator. Both you and we shall have a reasonable opportunity to participate in the process of choosing the arbitrator.  All arbitrators shall serve as neutral, independent and impartial arbitrators. The cost of arbitration shall be borne by the parties in accordance with the applicable JAMS Rules.  With the exception of the portion of the JAMS fee to initiate a claim required to be paid by consumers that initiate an arbitration (currently $250 and designed to be approximately equivalent to current Court filing fees), and any counsel that you elect to retain, you will not be responsible for any costs associated with the JAMS proceeding.  If you elect to be represented by counsel, you are responsible for any costs and fees associated with that counsel.  To the extent permitted by law, an arbitrator may award costs and/or fees if the arbitrator finds the party’s claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose.

The parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled to seek such recovery for the same claim in court under controlling law.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law.

This Arbitration Agreement shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  Judgment on an arbitration award may be entered in any court having jurisdiction.

For any Dispute where either the amount alleged to be in controversy at the outset of the Dispute, or the amount recovered by either party in arbitration, exceeds $100,000 or involves a request for public injunctive relief, the Dispute shall be subject to JAMS Optional Appeal Overview.  The decision in such an action shall be required to be in the form of a reasoned, written decision and the appeal will be heard by a panel of three JAMS neutrals from the appellate panel.   

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Waiver Of Class Or Consolidated Actions

You and we agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and we further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.

The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise).

This Waiver of Class or Consolidated Actions Section (the “Class Action Waivershall survive any termination of the Services and/or these Terms. 

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, the Class Action Waiver set forth in section 20.2 hereof is deemed void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety.

Right to Reject Arbitration. You have the right to opt out of binding arbitration by sending a timely written notice of your decision to opt out, within thirty (30) days of the date you first become subject to this Arbitration Agreement.  If you want to opt out, your notice must be sent in writing to:

Foot Locker, Inc.
330 West 34th Street
New York, New York 10001
Attention: General Counsel

 

The opt-out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration.  If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us (or any of us), or may enter into in the future with us (or any of us).