APRIL 2023
PLEASE CAREFULLY READ THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION PROVISION (SEE SECTION 6) THAT REQUIRES MOST DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND THE CLASS ACTION AND JURY TRIAL WAIVER (SEE SECTION 7). IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. THESE PROVISIONS AFFECT YOUR RIGHTS.
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.
Kids Foot Locker Messaging Terms & Conditions (“MESSAGING TERMS”)
1. GENERAL:
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. We may use cookies or other similar technologies to link, correlate, or identify your abandoned shopping cart to any telephone number or email address you provide in order to send you shopping cart reminders and other personalized text messages.
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 Kids 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).
2. 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.
3. Customer Care
If you are experiencing any problems with your Order or need help placing your order, please email customercare@footlocker.com or visit help.champssports.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.
You can also call Foot Locker Customer Care at: 1-800-991-6813.
4. Contact
This message program is a service of Foot Locker, located at:
Foot Locker, Inc.
330 W. 34th St.
New York, New York 10001
Attention: General Counsel
5. TIME FOR FILING
YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO, THE MESSAGING TERMS MUST BE COMMENCED (BY SUBMITTING A NOTICE OF DISPUTE UNDER SECTION 6 OR, TO THE EXTENT PROVIDED FOR IN THESE TERMS, FILING AN INDIVIDUAL SMALL CLAIMS ACTION) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR IT IS WAIVED AND TIME BARRED; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. BINDING ARBITRATION AND DISPUTE RESOLUTION
PLEASE READ CAREFULLY THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”). IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH US AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. PLEASE NOTE THAT THERE IS A LIMITED RIGHT TO OPT OUT OF ARBITRATION AS SET FORTH BELOW.
YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO, THE MESSAGING TERMS, TERMS, TEXT MESSAGING AND/OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITES OR APPS, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITES OR APPS, OR CONTENT (A "DISPUTE" OR “DISPUTES” AS DEFINED BELOW) SHALL BE RESOLVED BY: (A) FINAL AND BINDING, BILATERAL ARBITRATION, SUBJECT TO THE LIMITATIONS EXCEPTIONS BELOW; OR (B) IN A SMALL CLAIMS COURT ON INDIVIDUAL BASIS AS SET FORTH BELOW.
Notwithstanding any other provision in these Messaging Terms or other Terms, you and we agree and acknowledge that these Messaging Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and any proceedings relating to such interpretation or enforcement. This Arbitration Agreement survives termination of the Services and these Messaging Terms.
· Disputes
Except for matters that are specifically and expressly excluded herein, this Arbitration Agreement covers any and all disputes, claims, suits, actions, causes of action, demands, or proceedings between you and any of us (individually, a “Dispute”). A Dispute 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 these Messaging Terms, Terms or Services and/or any other subject matter covered by or relating to these Messaging Terms, including but not limited to text messaging, 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 text messaging or other Services. A Dispute also includes, 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 Messaging 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 member of a certified class; and/or (f) arise after the termination of these Messaging Terms. Notwithstanding the foregoing, either party may elect to have a Dispute heard in small claims court provided the claim remains in that court and is not removed or appealed to a court of general jurisdiction. In addition, either party may pursue a claim in a court of competent jurisdiction seeking injunctive or equitable relief in connection with the alleged unlawful use of intellectual property.
· Mandatory Informal Dispute Resolution Process
Before initiating an arbitration proceeding, you or we must give the other party notice of the Dispute by providing a written “Notice of Dispute” that is personally signed by both (a) the party seeking arbitration and (b) the party’s legal counsel or representative (if applicable). The Notice of Dispute must contain all of the following information: (a) the claimant’s name, mailing address, telephone number, and email address; (b) a detailed description of the nature and basis of the Dispute; and (c) a detailed description of the nature and basis of the relief sought, including a good faith calculation for it.
If you are initiating the Notice of Dispute, you must send it to us at the address below (“Our Notice Address”):
Foot Locker, Inc.
330 W. 34th St.
New York, New York 10001
Attention: General Counsel
Our Notice of Dispute to you will be sent electronically and/or to the most recent address we have in our records for you (“Your Notice Address”).
You and we agree to attempt to resolve the Dispute through informal, good faith negotiations for a sixty (60) day period from the date that a completed Notice of Dispute is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Dispute requests a telephone settlement conference as part of this informal process, you and we agree to participate in an effort to resolve the Dispute. Should we make this request, you agree to personally attend this conference (with your counsel, if you are represented). Should you make the request, we agree to have a representative attend this conference (with counsel, if we are represented).
Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating arbitration. The party initiating arbitration must include as part of the demand for arbitration a personally signed certification of compliance with the mandatory informal dispute resolution process (if you initiate arbitration, then the certification must be signed by you and by your attorney, if you are represented; if we initiate arbitration, then the certification must be signed by our representative and our attorney, if we are represented). Neither you nor we may initiate an arbitration absent such compliance. If the sufficiency of a Notice of Dispute or compliance with this process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. Such court shall have the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the assessment and collection of arbitration administrative fees. Notwithstanding the foregoing, either party may elect to raise non-compliance with this Mandatory Informal Dispute Resolution Process and seek appropriate relief in arbitration. The party initiating the small claims court proceeding shall submit a personally signed certification of compliance with the mandatory informal dispute resolution process (if you initiate arbitration, then the certification must be signed by you and by your attorney, if you are represented; if we initiate arbitration, then the certification must be signed by our representative and our attorney, if we are represented).
Any applicable limitations period (including the statute of limitations) and any filing fee deadlines shall be tolled while you and we engage in this Mandatory Informal Dispute Resolution Process in an effort to resolve the Dispute without the need for formal proceedings.
· Arbitration Procedures
Except as otherwise provided herein, if you and we cannot resolve a Dispute informally, any Dispute will be resolved through bilateral arbitration before a single, neutral arbitrator in the county or parish where you reside. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s applicable rules including the supplementary rules (“AAA Rules”), as modified by these Messaging Terms. The AAA Rules are available at adr.org. If the AAA is unable or unwilling to administer the arbitration consistent with these Messaging Terms, the parties shall agree on an alternative administrator that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will do so.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and this Arbitration Agreement. If you are initiating arbitration, you shall serve the demand on us at Our Notice Address. If we are initiating arbitration, we shall serve the demand at Your Notice Address. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, that party (and their counsel, if represented) certifies that they have complied with (a) the Mandatory Informal Dispute Resolution Process (and they shall attach the Notice of Dispute) and (b) the requirements of Federal Rule of Civil Procedure 11(b), including that (i) the claims and relief sought are neither frivolous nor brought for an improper purpose or to harass, cause unnecessary delay, or needlessly increase the cost of arbitration or litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would, including if the arbitrator determines that the claim is frivolous or brought for an improper purpose.
The AAA Rules shall govern the payment of all arbitration fees. You and we agree that arbitration is designed to be cost-effective for all parties. Either party may engage with the AAA to discuss fee reductions and deferred payments. All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (a) issues that are specifically reserved for a court in these Messaging Terms and (b) issues related to the scope and enforceability of the Arbitration Agreement.
The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable 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. The arbitrator must follow these Messaging Terms and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. Any arbitration under this Arbitration Agreement will take place on an individual basis; class arbitrations, class actions, collective actions, and representative actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Each party is responsible for their own costs and attorneys’ fees, however, 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 apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and we otherwise agree, one person’s claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and we agree that any claim or request for public injunctive relief shall be stayed and resolved by a court pending arbitration of the remaining claims and requests for relief.
The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties. This Arbitration Agreement shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
Each party reserves the right to request a telephonic, video, or in-person hearing from the arbitrator. You and our representative shall personally appear at any hearing ordered by the arbitrator (along with your and our counsel, if represented). For claims of $25,000 or more (and for claims seeking individualized injunctive, equitable, or declaratory relief), a telephone, virtual, or in-person hearing shall be held and you and our representative shall personally appear (along with your and our counsel, if represented). The parties can agree to waive a hearing.
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, is $100,000 or more (inclusive of any fees and costs awarded), the Dispute shall be subject to the AAA’s Optional Appellate Arbitration procedures, which are available at www.adr.org. 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 AAA neutrals from the appellate panel.
· Additional Multiple Case Filing Procedures
These additional procedures (in addition to the provisions of this Arbitration Agreement set forth above) apply to multiple case filings. If more than twenty-five (25) similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them), you understand and agree that these additional procedures shall apply and that the adjudication of your Dispute might be delayed.
Stage One: Counsel for the claimants and counsel for us shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Once a claim is selected for this initial set of staged proceedings, it may not be withdrawn without the consent of both parties (the same applies to any counterclaims). After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge and we shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select fifty (50) claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Once a claim is selected for this initial set of staged proceedings, it may not be withdrawn without the consent of both parties (the same applies to any counterclaims). After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge, and we shall pay the mediator’s fee.
Each case within Stage One and within Stage Two shall be assigned to a different, single arbitrator, unless the parties otherwise agree in writing. If your claim is not resolved as part of the staged process set forth above, then after the completion of Stage Two either:
Option One: You and we may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with these Messaging Terms. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to us at Our Notice Address within thirty (30) days after the conclusion of Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within fourteen (14) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you and we agree that your claim will be resolved through continued staged proceedings as set forth below or through another staged and/or otherwise streamlined process agreed to in writing by the parties. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims beyond 100 shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and the AAA to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
Any relevant limitations period and filing fee or other deadlines shall be tolled subject to these Additional Multiple Case Filing Procedures from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
A court of competent jurisdiction shall have the authority to enforce these Additional Multiple Case Filing Procedures and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment and collection of arbitration fees. If these Additional Multiple Case Filings Procedures apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim shall not be arbitrated and shall proceed in court consistent with these Messaging Terms.
- Right to Reject Arbitration
You have the right to opt out of 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 an arbitration agreement with us (e.g., the first time you agreed to terms with us that include arbitration provisions). If you want to opt out, your notice must be sent in writing to:
Foot Locker, Inc.
330 W. 34th St.
New York, New York 10001
Attention: General Counsel
The opt-out notice must be personally signed by you and include: (i) your full name; (ii) your mailing address; (iii) your telephone number; (iv) your email address; and (v) clearly indicate your intent to opt out of binding arbitration. If you opt out of arbitration, all other parts of the Messaging Terms will continue to apply to you. Opting out of arbitration 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)
- Opt Out of Changes to the Arbitration Agreement
If we make any future change to the arbitration provisions in this Section 6 (other than a change to the notice address), you may reject any such change by sending us a personally signed, written notice of your decision to opt out of those changes to Our Notice Address within thirty (30) days of notice of the change and include: (i) your full name; (ii) your mailing address; (iii) your telephone number; (iv) your email address; and (v) a description of when and how you interacted with us. Such opt out must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provisions. This is not an opt out of arbitration altogether.
7. CLASS ACTION WAIVER AND JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and we agree that, to the fullest extent permitted by applicable law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and we may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and we may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or we may participate in a class-wide settlement. Nothing in these Messaging Terms precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against us for you.
To the fullest extent permitted by applicable law, you and we waive any right to a jury trial. This Section 7 shall survive termination of the text messaging services, other Services and these Messaging Terms.
8. CHOICE OF LAW, VENUE, AND SEVERABILITY
These Messaging Terms shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. Unless you and we agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts of New York County, New York shall have exclusive jurisdiction over any Disputes between you and us (except for Disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of these Messaging Terms (including the arbitration provisions and class action waiver). You and we consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis to seek transfer or change venue of such action to another court.
Except as otherwise specifically provided in these Messaging Terms (including but not limited to the Additional Multiple Case Filing Procedures set forth in Section 6), if any provision set forth in Sections 1-7 of these Messaging Terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Foot Locker's failure to insist upon or enforce strict performance of any provision of these Messaging Terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.
This Section 8 shall survive termination of text messaging, other Services and these Messaging Terms.
9. SURVIVAL
In addition to the sections expressly noted that survive the termination of these Messaging Terms, the parties agree that their respective rights, obligations and duties under Sections (1) General (§ 1); (2) Cancellation (§ 2); (3) Time to Filing (§5); and as well as any rights, obligations and duties which by their nature extend beyond the termination of the text messaging, Services and these Messaging Terms shall survive any termination of text messaging, Services and these Messaging Terms.