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Terms of Use PLEASE CAREFULLY READ THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION PROVISION THAT REQUIRES MOST DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS (SEE SECTION 19). 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 SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE THE SERVICES IN ANY MANNER. 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. Terms of Use Last Updated: April 2021 Foot Locker, Inc., its subsidiaries and affiliates, including its family of companies and brands, such as Foot Locker, Lady Foot Locker, Kids Foot Locker, Footaction, Champs Sports, Eastbay, Greenhouse, FLX (collectively, "we," "us," or "our" “Foot Locker” herein), operate various websites (the “Sites”), mobile applications (the “Apps”) and stores, and use and/or participate in social media sites, digital advertising and emails (collectively, the “Services”).&nbsp. These Terms of Use (“Terms”) and our Privacy Statement (which are incorporated herein by reference), contain the rules and restrictions that govern your use of our Services, and constitute a binding agreement between you and us.&nbsp. Please read these Terms, as well as our Privacy Statement carefully.&nbsp. They contain important information about the products and/or Services provided to you and our use of certain information.  Thank you for using our Services.  By using our Services and interacting with our digital operations, including our Sites, Apps, social media and digital advertising, you signify your consent to these Terms and our Privacy Statement. If you do not agree to these Terms and Privacy Statement, you may not use or access the Services in any manner. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes to these Terms (including our Privacy Statement). <ol> <li> RESTRICTIONS ON USE OF MATERIALS </li> </ol> The Services are owned and operated by us. Except as otherwise permitted by these Terms, no material from the Services or any Site or App owned, operated, licensed or controlled by us may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Foot Locker, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website or App is permitted without the prior written consent of Foot Locker. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied. <ol> <li> USE OF WIDGETS </li> </ol> Our widgets are tools that you may place on your website to permit your visitors to access our Website or App (each, the "Widget"). Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your website solely for your own personal, non-commercial use. You may not use the Widget for any other purpose without our prior written consent, and nothing in these Terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not: <ul> <li>Use the Widget to offer or promote or sell any products or services, or otherwise use the Widget in association with, any products or services for sale.</li> <li>Use the Widget (or any content displayed in connection with or through it) in any manner that may be construed as an endorsement by us of any product, service, activity or brand contained on your website.</li> <li>Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.</li> <li>Use the Widget in any manner that prevents the end user of your website from linking directly to the applicable page of our Services.</li> </ul> We reserve the right to discontinue providing any Widget at any time. We further reserve the right to direct you to cease displaying or otherwise using any Widget, for any or no reason and without liability to you or any third party. <ol> <li> ACCOUNTS </li> </ol> You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information. You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing customercare@footlocker.com or calling 1-800-991-6815. Foot Locker shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Foot Locker for losses incurred by Foot Locker or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. <ol> <li> WEBSITE MONITORING </li> </ol> We and our service providers may use cookies, beacons, pixel tags, log files, or other technologies to automatically collect certain information when you use our Site, App, Membership Program, Store or other services or interact with our emails or advertisements on our Site, our App, Membership Program, Store or other websites or services. A cookie is a small data file that is sent to your browser from a web server and stored on your computer's hard drive. The information that we and our providers collect through cookies and other technologies, along with information that we share with them, enables us or our providers to recognize you or your device and to serve ads to you or your device. For example, these technologies may allow us to automatically collect information such as your IP address, geolocation data, unique user ID, Device ID, Mobile Ad Identifiers, browser type and version, character set, screen size and color, language, cell phone model, operating system and version, carrier, and Internet Service Provider. This information: (1) allows us to accurately and properly pay for ads placed on our behalf (e.g., an ad that led you to purchase or download one of our products) and get paid when you see an ad on our Services. (2) helps prevent you from repeatedly seeing the same ads. (3) helps select and display targeted ads or other content on your computer or device (such as on a site or social networking service you are visiting or a mobile application you are using) that may be of interest to you. and (4) helps us measure and analyze interactions with our ads and Services. We also may collect information about your use of our Services, such as the time you spend using the Site or App, the number of times you return, whether you click-through, open, or forward links, e-mails, and ads, and other Service usage data. These technologies, such as cookies, also allow us to keep track of your order as you shop on our Site or App, to make our Site better, to enable our Services to function, to maintain your preferences and settings, to provide enhanced features, to combat fraud, to recognize registered users when they visit, and to provide registered users with information and advertising that is more relevant to them.. If you register with or order from us, we may also use cookies or other technologies to monitor and maintain information about how you use our Services and what you buy. If you do not register with or buy from us, we may also monitor and maintain information about your use in order to improve your shopping experience and provide you with more relevant content and advertising. For more information concerning our privacy practices and your rights, please see our Privacy Statement (which is incorporated as part of this agreement).  <ol> <li> CONTENT POSTED OR SUBMITTED BY YOU </li> </ol> Certain pages on the Services may allow you to post text, photographs, videos, audio, or other content ("Content"). Unless otherwise specified on a particular Site or App, you may only post Content to the Services if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Services. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content includes the name, likeness, signature or other identifiable characteristics associated with any person other than yourself (“Third Party Persona”), you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content including the Third Party Persona. You may be required to provide proof of such permission to Foot Locker. You may not post or distribute Content that is illegal or that violates these Terms. By posting or distributing Content to the Services, you represent and warrant that (a) you own all the rights to the Content or are authorized to use, display and distribute the Content to the Services and (b) the Content does not and will not infringe any patent, copyright, trademark, right of publicity, or any other third-party right, and does not violate any law or regulation. By submitting or posting Content to the Services, you grant Footlocker the irrevocable, perpetual, royalty-free, right to reproduce, display, perform, publish, transmit, distribute, adapt, and promote this Content in any medium and for any lawful purpose, worldwide. Once you submit or post Content to the Services, Foot Locker does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Foot Locker owns all right, title, and interest in any compilation, collective work, or other derivative work created by Foot Locker using or incorporating Content posted to the Services. You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services. <ol> <li> CONTENT POSTED BY OTHER USERS </li> </ol> Foot Locker is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Foot Locker be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact Foot Locker by emailing customercare@footlocker.com or calling 1-800-991-6815. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. <ol> <li> USE OF SERVICES </li> </ol> Impersonation of others, including a Foot Locker employee or representative, or another user or individual is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization. You may not without the prior written permission of Foot Locker, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App. You may not engage in the mass downloading of files from the Services. use the computer processing power of the Services for purposes other than those permitted above. or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Foot Locker. The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). We do not permit children under 13 to have accounts. Unless otherwise indicated, the Sites are intended for US residents. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use. <ol> <li> THIRD PARTY LINKS </li> </ol> From time to time, a Site, App or Service may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by us. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by us.&nbsp. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site or in the data collection, sharing or protection practices of such site. We do not endorse, guarantee, or make any representations or warranties regarding any other site. any content, materials or other information located or accessible from such sites. or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK. <ol> <li> ACTIVITIES PROHIBITED ON THE SERVICES <ul> <li>The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. Foot Locker reserves the right to investigate and take appropriate legal action against anyone who, in Foot Locker's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to, the following:</li> </ul> </li> </ol> <ul> <li>Using the Services for any purpose in violation of local, state, or federal laws or regulations;</li> <li>Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;</li> <li>Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Foot Locker in its sole discretion or pursuant to local community standards;</li> <li>Posting Content that constitutes cyber-bullying, as determined by Foot Locker in its sole discretion;</li> <li>Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;</li> <li>Posting telephone numbers, street addresses, or last names of any person;</li> <li>Posting URLs to external websites or any form of HTML or programming code;</li> <li>Posting anything that may be "spam," as determined by Foot Locker in its sole discretion;</li> <li>Impersonating another person when posting Content;</li> <li>Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;</li> <li>Allowing any other person or entity to use your identification for posting or viewing comments;</li> <li>Harassing, threatening, stalking, or abusing any person;</li> <li>Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of Foot Locker, exposes Foot Locker or any of its customers, suppliers, or any other parties to any liability or detriment of any type. or</li> <li>Encouraging other people to engage in any prohibited activities as described herein.</li> <li>Purchasing for resale purposes or purchasing using freight forwarding services.</li> </ul> <ul> <li>Foot Locker reserves the right, but is not obligated, to do any or all of the following:</li> </ul> <ul> <li>Investigate an allegation that any Content posted on the Services does not conform to these Terms and determine in its sole discretion to remove or request the removal of the Content;</li> <li>Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;</li> <li>Terminate a user's access to the Services upon any breach of these Terms;</li> <li>Monitor, edit, or disclose any Content on the Services. and</li> <li>Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.</li> </ul> <ol> <li> THIRD-PARTY COPYRIGHTS </li> </ol> If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from this Site or App by contacting Foot Locker as set forth below and providing the following information: <ul> <li>Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy of the work or the location (e.g., URL or page within the App) of an authorized version of the work, together with information regarding any copyright registration you own for the work you believe to be infringed.</li> <li>Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material you believe constitutes an infringement.</li> <li>Your name, address, telephone number, and e-mail address.</li> <li>A statement that you have “a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law”.</li> <li>A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.</li> <li>A signature or the electronic equivalent from the copyright holder or authorized representative.</li> </ul> Send this information by mail to: Foot Locker, Inc. c/o Law Department 330 West 34th Street New York, NY 10001 counsel@footlocker.com In an effort to protect the rights of copyright owners, Foot Locker reserves the right to terminate in appropriate circumstances,&nbsp. subscribers and account holders of the Services who are repeat infringers. <ol> <li> INTELLECTUAL PROPERTY </li> </ol> All content included on the Services, such as text, graphics, code, logos, button icons, images, audio and visual clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Foot Locker or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. Foot Locker,&nbsp. Lady Foot Locker, Kids Foot Locker, Footaction, Champs Sports, Eastbay, Greenhouse, FLX and the Striper Logo, are registered trademarks of Foot Locker Retail, Inc. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Foot Locker enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Foot Locker, Inc., Law Department, 330 W. 34th St., New York, NY 10001. <ol> <li> SUBMISSIONS TO FOOT LOCKER </li> </ol> You hereby agree that any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Foot Locker through the Services becomes the exclusive property of Foot Locker and Foot Locker is entitled to use the information submitted for any purpose without restriction or compensation to you. You represent that any submission you communicate to Foot Locker is original to you and accept sole responsibility for its accuracy, appropriateness and legality. <ol> <li> WARRANTY DISCLAIMER </li> </ol> The Services and the materials, Widgets and products on the Services are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Foot Locker disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Foot Locker does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Foot Locker does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Foot Locker) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you. <ol> <li> LIMITATION OF LIABILITY AND TIME FOR FILING </li> </ol> UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FOOT LOCKER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE WIDGETS OR PRODUCTS, EVEN IF FOOT LOCKER OR AUTHORIZED REPRESENTATIVES OF FOOT LOCKER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT PERMIT LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   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 SITES OR APPS, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITES OR APPS, OR CONTENT MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 20 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. 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. <ol> <li> INDEMNIFICATION </li> </ol> As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Foot Locker, its officers, directors, employees, agents, licensors and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account. <ol> <li> PRODUCT ORDERS </li> </ol> All orders placed through the Services are subject to Foot Locker's acceptance. Foot Locker may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Foot Locker shall issue you a refund. <ol> <li> TYPOGRAPHICAL ERRORS </li> </ol> We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted). In the event that a product sold is mistakenly listed at an incorrect price, Foot Locker reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Foot Locker shall issue a credit to your payment method account. <ol> <li> NOTICE FOR CALIFORNIA USERS </li> </ol> Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210. <ol> <li> BINDING ARBITRATION/DISPUTE RESOLUTION </li> </ol> PLEASE READ CAREFULLY THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”).&nbsp. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH US AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. &nbsp. 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 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. <ul> <li> Disputes </li> </ul> 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”).&nbsp. 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.&nbsp. 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.&nbsp. 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. <ul> <li> Binding Arbitration Process and Procedure <ul> <li>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.</li> <li>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.</li> <li>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. </li> <li>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.&nbsp. 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.</li> <li>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:</li> </ul> </li> </ul> 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.&nbsp. 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.&nbsp. 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. <ul> <li>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 jamsadr.com.&nbsp. 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.&nbsp. 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.&nbsp. 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.&nbsp. 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. <ul> <li>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.</li> <li>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.</li> <li>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.   </li> <li>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.</li> </ul> </li> <li> Waiver Of Class Or Consolidated Actions <ul> <li>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.</li> <li>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).</li> <li>This Waiver of Class or Consolidated Actions Section (the “Class Action Waiver”) shall survive any termination of the Services and/or these Terms.</li> </ul> </li> <li>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.</li> <li> 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:</li> </ul> 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.&nbsp. 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). <ol> <li> GOVERNING LAW </li> </ol> These 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. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the Arbitration Agreement set forth in Section 20 hereof, and any arbitration conducted pursuant to the Arbitration Agreement, shall be governed by and interpreted in accordance with, the Federal Arbitration Act, 9 U.S.C., § 1, et seq. As set forth in Section 20 above, most disputes between us will be resolved by mandatory, bilateral arbitration.&nbsp. With the exception of individual small claims actions, any dispute between you and us that is related to these Terms and/or the Services that is not required to be arbitrated under the Arbitration Agreement shall be resolved exclusively by the state and federal courts of the State of New York.  If any provision set forth in Sections 2 to 20 of these 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 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. 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