Updated: June 2022
This agreement contains a mandatory dispute resolution provision and arbitration agreement with a class action waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review those sections of these terms carefully.
Welcome to this Abercrombie & Fitch (“A&F”) “A&F Challenge” website – www.anfchallenge.org or www.myanfchallenge.org, microsite, or mobile site (this “Website”) or mobile application (“App”). Please review the following terms and conditions (“Terms and Conditions”) before using this Website/App. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website/App.
Your Use Generally
Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, A&F reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website/App and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, “Content”) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by A&F under a limited license as a service to its current and prospective customers and may be used only for personal use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App, any of the Content, or any related software; and (b) you may not access or use the Website/App for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. A&F may revoke this limited license at any time for any or no reason. Any unauthorized use of A&F Content, such as framing, in-line linking or other association with content or information not originating from the A&F Website/App is not permitted. Linking to any A&F web page also is prohibited. A&F will aggressively enforce its intellectual property rights to the fullest extent of the law.
At A&F, we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the “Trademarks and Trade Dress”). A&F and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website/App. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited.
All features described on this Website/App are subject to change at any time without notice. From time to time there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions. We make no representation as to the completeness, accuracy, or currency of any information on this Website/App. We reserve the right to make changes in information without notice.
Comments and other Communications
User Generated Content
The Website may permit you to voluntarily upload and/or post content (“User-Generated Content”), including photographs, videos, comments or other material. If you post comments or other text, you confirm that you are at least 14 years old or have your parent/guardian’s permission; if you post photographs or videos, you confirm you are at least 18 years old or have your parent/guardian’s permission; and by posting any User-Generated Content, you agree to the following terms:
- Posting such User-Generated Content constitutes your consent and grant to A&F of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User-Generated Content, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
- You waive any right to inspect or approve any material in which A&F may eventually use your User-Generated Content and understand that A&F may crop, shape, or otherwise adjust any User-Generated Content.
- You represent and warrant that the User-Generated Content will not violate the intellectual property or proprietary rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content as contemplated herein.
- You agree not to take any legal action against, and release and discharge A&F and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein.
- You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such User-Generated Content is published, A&F does not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms and Conditions, our standards, and applicable law; and whether they may be posted or removed.
You may request removal of any of your User-Generated Content on this Website by sending a removal request email to email@example.com from the email address provided when you submitted your User-Generated Content; 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.
Prohibited Uses of Website
You shall not post, transmit, redistribute, upload, or promote any communications, User-Generated Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Notice of Copyright Infringement Under the Digital Millennium Act (DMCA)
We do not permit copyright infringing activities on this Website. We may remove any User-Generated Content of any kind if properly informed that the User-Generated Content infringes another’s copyright rights. We may terminate the ability to submit User-Generated Content if, under appropriate circumstances, a person submitting User-Generated Content to this Website is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User-Generated Content or other material on this Website by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the User-Generated Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit A&F to locate the same;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the User-Generated Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Attn: Legal Department – IP Group
Abercrombie & Fitch Stores, Inc.
6301 Fitch Path
New Albany, OH 43054
By email: firstname.lastname@example.org
If you fail to comply with all of the requirements above, your notice may not be valid.
Links may be established from this Website/App to one or more external websites or resources operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide links to the Website/App. None of such links should be deemed to imply that A&F endorses the Third Party Sites or any content therein. A&F does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and A&F will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
This Website/App and all Content of the Website/App are provided to our customers and prospective customers “as is” and “as available” and without warranties of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or noninfringement.
You acknowledge, by your use of the Website/App, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
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.
No implication is made that the materials published on this Website/App are appropriate for use outside of the United States. If you access this Website/App from outside of the United States, you do so on your own initiative and at your own risk. A&F controls this Website/App from its offices within the State of Ohio. The Terms and Conditions of this Website/App shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.
Please read this section carefully — it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.
- Informal Dispute Resolution Process.
- Should you and A&F have a Dispute (as defined below), the parties agree that they will make a good faith effort to resolve it informally. This informal dispute resolution 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 and filing fee or other deadlines will be tolled while the parties engage in this process.
- In connection with any Dispute with A&F, you must first send your name, address, telephone number, email address, sufficient information for A&F to identify any transaction at issue; and a detailed description of and explanation for (1) your Dispute; (2) the nature and basis of your claim; and (3) the nature, basis, and calculation of the relief sought by email to email@example.com or by mail to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. You agree that you will provide any follow-up information requested by A&F in order to meaningfully engage in this process. You and A&F agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference upon A&F’s request. You must personally appear at and participate in this individualized telephone conference, which will be held at a time convenient for you. If you are represented by counsel, your counsel may also participate.
- This process should lead to the resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the information required above, which can be extended by agreement of the parties, you and A&F agree to the further dispute resolution provisions below.
- Mutual Arbitration Provision.
- Any Dispute between you and A&F that is not resolved as set forth above shall be resolved through individual arbitration or small claims court. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
- This arbitration provision shall be interpreted broadly. “Dispute” means any claim or controversy between you and A&F, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this or any Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision. For purposes of the Dispute Resolution section, “A&F” means Abercrombie & Fitch Stores, Inc., and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.
- Right to Have Claims Heard in Small Claims Court.
- Notwithstanding anything in this arbitration provision to the contrary, either you or A&F may elect to have a claim heard in small claims court seeking only individualized relief so long as (1) the amount claimed is within the jurisdiction of that court and (2) the action remains in that court and is not removed or appealed to a court of general jurisdiction.
- Right to Enjoin Intellectual Property Misuse.
- Notwithstanding anything in this arbitration provision to the contrary, A&F may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
- Right to Reject Future Changes to this Arbitration Provision.
- You may reject future changes to this arbitration provision by sending A&F written notice by certified mail postmarked no later than thirty (30) days after your first receipt of notice of the change to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. Your decision will not adversely affect your relationship with or service from A&F. If you previously notified A&F of your decision, you need not do so again. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with this Agreement.
- Procedures for Arbitration.
- This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be heard and determined by a single arbitrator 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) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, you and A&F will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless you and A&F agree otherwise, any arbitration hearing will take place in the county where you reside. The arbitrator is bound by the terms of this Agreement and will issue a reasoned written decision that explains the essential findings and conclusions.
- If your proceeding is designated by AAA as part of a “Multiple Consumer Case Filing,” then you agree: (1) to personally appear and participate in an initial telephone conference with AAA and/or the arbitrator at A&F’s request and at any hearing (with your counsel if you are represented); and (2) that the adjudication of your Dispute might await the resolution of other individual claims that are also part of this mass filing.
- Arbitral Fees and Costs.
- Payment of filing and other fees shall be governed by the AAA Rules. If the arbitrator finds that the proceeding itself, the substance of a claim or counterclaim, and/or the relief sought in connection with the arbitration was frivolous or was brought for an improper purpose (as measured by the standard set forth in Fed. R. Civ. P. 11(b)), either party will have the right to recover its fees and expenses, including but not limited to attorneys’ fees and arbitration fees and costs. In making this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased and whether the arbitration is part of “Multiple Consumer Case Filings” as determined by AAA.
- Right to Attorneys’ Fees and Costs.
- You may hire an attorney to represent you. You are responsible for your attorneys’ fees and costs. You may recover them from A&F to the same extent as in court.
- Waiver of Jury Trials.
- Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and A&F waive the right to a jury trial to the maximum extent permitted by law.
- Waiver of Class Actions.
- You acknowledge and agree that, to the maximum extent permitted by law, there shall be no right or authority for any dispute to be litigated or arbitrated on a class, joint, collective, or consolidated basis or in a purported representative capacity on behalf of the general public (such as claims as a private attorney general or for public injunctive relief). Unless both you and A&F otherwise agree in writing, the arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of any class, joint, collective, or representative proceeding. The arbitrator may award relief (including any declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding.
- The class action and collective relief waiver is an essential part of this arbitration provision, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor A&F is entitled to arbitration of such claim or dispute. Notwithstanding the foregoing, if a court determines that the class action and collective relief waiver is not enforceable as to a particular claim or request for relief (such as a claim for public injunctive relief) and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that the particular claim or request for relief (such as a claim for public injunctive relief) may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.
- This arbitration provision shall survive the cancellation or expiration of the Agreement.