Hollister House Rewards Terms

Who Can Join?

House Rewards is currently available to residents of the United States age fourteen (14) and older. Employees, officers, directors, agents and representatives of Hollister Co. ("HCo") are eligible to join but may be excluded from certain promotions.

How Does It Work?

• Becoming a Member. Become a Member by signing up at a participating U.S. Hollister or Gilly Hicks store, (excluding San Francisco Premium Outlet, Katy Mills Mega Outlet, Gurnee Mills Mega Outlet, and Mall of San Juan locations) or through the Hollister website or Mobile Application for Hollister or Gilly Hicks ("App"). Note, individuals who have an active online account with Hollister are already Members in House Rewards. Upon signing up for a Membership, individuals will receive an email confirming their Membership in House Rewards within three (3) days of signing up. Only one (1) House Rewards Membership is permitted per person, per email address.
• Registering Purchases. When making a purchase in a store, Members may register purchases with their House Rewards ID at checkout by having the associate scan the House Rewards ID found inside the Member's House Rewards account. Associates can also look up a Member's House Rewards ID using the email address or the ten digit telephone number provided upon registration to be a Member of House Rewards. When making purchases online, Members must sign into their Membership prior to making the purchase. Note, all purchases made when using the House Rewards ID (both in store and online) are available to be viewed on the "My Orders" and "History" sections in the House Rewards Membership.
• What are the Perks of House Rewards?
  • Points can be earned towards a Reward ("Reward") redeemable for savings on purchases (details explained below under "Base Rewards" section).
  • Special Birthday and Half Birthday Surprise.
  • Special Member only discounts and rewards.
  • Exclusive Product.
  • Possible store contests and potential special Members only events.

Earning Points

Points are earned at the time of purchase when a Member provides or scans their House Rewards ID at stores. If a Member is signed into their Membership when ordering online or provides their House Rewards ID when placing an order at a Hollister or Gilly Hicks store, points will be earned at the time of shipment. Only one (1) House Rewards ID can be used per transaction.

Members earn points for every net dollar spent (including using gift cards as tender on purchases) on any Eligible Product Purchases (as defined below). Net dollars spent is the amount spent on an Eligible Product Purchase, excluding the use of merchandise credit as tender and minus the costs specified below on point calculations.

All product purchases (excluding purchases of gift cards and e-gift cards) earn one hundred (100) points for every net dollar spent in store or online. Points earned will be rounded to the nearest whole cent.

Points are also earned for approved online reviews on the product page(s) of the item(s) you purchased. You may review a product or products you purchased via the product page itself or from a post purchase email. For each approved review, you will receive two thousand (2,000) points. It can take up to ten (10) days for the points to post to the corresponding House Rewards Membership.

House Rewards may identify additional opportunities for Members to earn points from time to time. For example, those tasks may include the following:

• Share details on Member profile. Points may be awarded for each additional detail provided with a Membership profile (details which qualify to earn points will be indicated within House Rewards, but will not include name, phone, or email address as those were required fields for Membership creation). However, points will only be awarded once per lifetime of each Membership.
• Initial Membership sign-in on App. Points may be awarded for the initial sign-in to a House Rewards Membership on the App after the first App download. However, points will only be awarded once per lifetime of each Membership.

Points will post to the corresponding House Rewards Membership within approximately forty eight hours (48) hours from in-store purchase or date of online or store order shipment. If Members do not identify themselves at time of purchase, a manual adjustment can be made to add the points to the House Rewards Membership for up to thirty (30) days from the actual purchase date, but no purchases prior to the launch of this new benefit can be added. Please see the "History" section of Membership for instructions on how to do this.

Point calculations are based upon dollars spent at checkout on Eligible Product Purchases. "Eligible Product Purchases" means purchases of HCo and Gilly Hicks products such as clothing, accessories, and personal care items such as fragrance. The following costs are excluded from point calculation of Eligible Product Purchases: sales tax, state fees, shipping & handling or delivery charges, gift wrap fees, and purchase of gift cards or e-gift cards. Also, Members do not earn points for the amount of any coupon, discounts, or merchandise credit applied to purchases, as well as the value of any Reward being redeemed. HCo has the right to make the final decision on whether any product purchase qualifies for points.

When Members return products to the store or return online purchases by mail, points previously posted for that purchase will be deducted from the point balance of the House Rewards Membership provided at the time of purchase. If a Member's point balance is insufficient to cover a deduction related to a return, the Members' point balance may go into the negative, and any Membership reaching into a negative balance is subject to be suspended from all further activity at the discretion of HCo. Members with a suspended account will need to reach HCo's Customer Service Department to seek reinstatement. If an account has a negative balance, all earned points will apply first to the negative balance before a Member may begin earning points eligible for conversion to a Reward.

Points are property of Hollister, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Unused points will expire twelve (12) months after they have been issued. Points that remain on a House Rewards Membership will also expire as indicated and are forfeited if House Rewards is terminated or the House Rewards Membership is closed. Points may not be combined among Members.

Base Rewards

When Members reach various point thresholds as outlined below, they will automatically have those points converted into a Reward redeemable for money off their purchase at a Hollister or Gilly Hicks store, HollisterCo.com or the Hollister or Gilly Hicks Apps.

Point Level Reward

Point Level:	Reward Value:
12,500	$5 Reward
25,000	$10 Reward
37,500	$15 Reward
50,000	$20 Reward

Gold Status

Rewards

Rewards are valid only in the U.S. in stores and online. Not valid outside the U.S. or at San Francisco Premium Outlet, Katy Mills Mega Outlet, Gurnee Mills Mega Outlet, and Mall of San Juan stores. Reward expiration dates will vary. Check your Reward for exact expiration date. Reward applies pre-tax or state fee and cannot be used for purchases of gift cards, e-gift cards, shipping & handling or delivery charges, and gift wrap. Reward cannot be applied to previous purchases. Reward must be presented/entered at time of purchase in stores or online. Discount will be applied at checkout to all eligible items and will be deducted upon return of any item to which the discount was applied. Rewards may be used in conjunction with other Rewards (as limited below) and most other discounts or offers toward the purchase of products, for a discount up to the total purchase amount. If the purchase total is less than the value of the Reward(s) being used, any unused portion of any given Reward's value is forfeited. There is a limit of three (3) Rewards per transaction. Rewards constitute a discount from your purchase amount and shall not be considered tender. Rewards are not redeemable for cash or store credit. Rewards are non-transferable and not for resale. Rewards are valid for one (1) time use only. Lost, stolen, or expired Rewards will not be replaced.

Rewards will be posted to House Rewards Memberships within approximately twenty four (24) hours after points are converted into a Reward. Based on the Reward value reached, the corresponding amount of points will be deducted from the House Rewards Membership balance for every Reward issued. Rewards should be available for use soon after Member has received Rewards. Once points have been converted into a Reward, they cannot be converted back into points even if the Reward is never redeemed and expired.

Members may earn up to a maximum of one million (1,000,000) points per Calendar Year. Therefore as an example, Members in good standing may earn up to a maximum of eighty (80) $5 Rewards per Calendar Year, forty (40) $10 Rewards per Calendar Year, roughly twenty-six (26) $15 Rewards per Calendar Year, twenty(20) $20 Rewards per Calendar Year, or other various combinations of different Rewards values.

Rewards are property of HCo, have no cash value, and are not transferable to anyone else or any other Membership in any capacity for any reason. Unused Rewards that remain on House Rewards Memberships expire as indicated and are forfeited if House Rewards is terminated or the House Rewards Membership is closed. Hollister is not responsible for lost Rewards, including due to change of email address, or other contact information.

E-Mail Communication

Upon signing up for Membership in House Rewards, individuals will sign up to receive emails regarding special Members only offers and events, as well as new features of House Rewards. House Rewards emails would be in addition to brand marketing emails from HCo and Gilly Hicks (should Member be otherwise signed up to receive these general marketing emails). Furthermore, Members who scan or provide their House Rewards ID at the store with a purchase will automatically receive an e-receipt confirmation at the email address listed in the House Rewards Membership. E-receipts are neither HCo brand marketing nor House Rewards Membership emails, but merely confirmations of store purchases.

HCo brand marketing emails (including Gilly Hicks) and House Rewards marketing emails will include an opt-out link should individuals no longer want to receive any of these types of emails. Even if a Member opts-out of marketing emails, if the House Rewards Membership is still active, Members will continue to receive relationship/operational emails related to House Rewards unless the House Rewards Membership is deleted. Individuals do not need to delete their House Rewards Membership to opt-out from receiving HCo brand marketing emails, House Rewards marketing emails, or e-receipt emails.

Members can opt-out of receiving e-receipts from a store purchase by emailing the request to hollisterco@hollisterco.com from the email address associated with the House Rewards Membership. Members can opt-out of receiving House Rewards marketing and HCo brand marketing emails (including Gilly Hicks) by going to the Unsubscribe page and entering the email address associated with the House Rewards Membership or Hollister brand marketing email subscription, or by clicking the unsubscribe link contained in the footer of any of these emails, or by updating their marketing preferences in the House Rewards account profile.

Deletion of House Rewards Membership

We don't think anyone will want to stop getting the great benefits of House Rewards, but Members who decide they want to delete their House Rewards Membership can use the Contact Us section of the Help Page and include the email address of the House Rewards membership they wish to delete.

Deletion of a House Rewards Membership deletes the Member's entire account on HollisterCo.com. If a Member decides to delete their House Rewards Membership, all unused House Rewards points and Rewards will be void. If the Member subsequently signs up to become a Member again we will not reinstate the previously void, unused House Rewards points or Rewards.

If a Member chooses to delete their House Rewards Membership but has separately signed up for Hollister brand marketing emails, the Member will be opting out of both House Rewards marketing and Hollister brand marketing emails. Deleting the House Rewards Membership will also cancel e-receipts, unless the Member independently opts to receive e-receipts.

HCo will automatically delete House Rewards Memberships which have been inactive for more than four (4) calendar years. A House Reward Membership is considered inactive if there have been no transactions, profile updates, point activity, or other account updates. Deleted accounts cannot be recovered.

Suspending House Rewards Membership

Members may choose to suspend their House Rewards Membership at any time for any reason. To suspend an account, Members should reach out to HCo's Customer Service Department and request their account be suspended. To remove a suspension on an account, Members should contact HCo's Customer Service Department.

General Terms of House Rewards

• All questions regarding House Rewards in general or these Terms in specific should be directed to either hollisterco@hollisterco.com or +866-426-1285.
• To learn how we use personal information submitted through House Rewards, please review our Privacy Policy.
• HCo reserves the right to suspend or delete any House Rewards Membership and participation in House Rewards at any time for any reason, including for any suspected fraudulent use of House Rewards.
• HCo is a private label brand. To protect its intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. Those suspected of reselling are prohibited from becoming a Member in House Rewards. HCo will not accept any order found to have characteristics of reselling. HCo reserves the right to cancel all subsequent orders from such customers.
• As to the requirement of only one (1) House Rewards Membership per person per email account, if there is a dispute regarding the email account, it will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, or online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
• These Terms supersede all previously published Terms in their entirety.
• HCo reserves the right to make bonus points and other promotional offers available to select Members based on purchase activity, geographic location, House Rewards participation, and/or information supplied by the Member, or other factors. HCo reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion, with or without notice to Members.
• HCo reserves the right to delete House Rewards and/or its benefits at any time with or without notice to Members. Unused Rewards that remain on House Rewards Memberships are forfeited if House Rewards is terminated or the House Rewards Membership is closed.
• HCo reserves the right to change these Terms with or without notice, including the terms related to earning points and Rewards.
• All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from the HCo site (including music, photos and videos) remains the sole and exclusive property of HCo or its licensor and use of such content is subject to the restrictions imposed by these Terms as well as applicable copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. Members agree that they will not interfere with HCo's or its licensors' rights to their content and will not circumvent, or attempt to circumvent, any technology or methods used by HCo or its licensors to prevent the unauthorized reproduction or distribution of content accessible via House Rewards.
• By agreeing to participate in House Rewards, Members release HCo, its parent and subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the "Released Parties") from all liability with respect to House Rewards (including all House Rewards Rewards), the misdirection or misuse of points or any Reward, or the use of any Reward by an individual other than House Rewards Member to whom the Reward was sent. By participating in House Rewards, Members hereby release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to participation in House Rewards, use of House Rewards, or agreement to these Terms.
• The Released Parties make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to House Rewards, Membership in House Rewards, or any products or services related to House Rewards.
• Members are responsible for providing the correct email address to receive House Rewards points and Rewards and to update their House Rewards Membership should their e-mail address change.
• House Rewards is void where prohibited by law. These Terms will be governed by and construed under the substantive laws of the State of Ohio, without reference to conflict-of-laws considerations.
• Becoming a Member of House Rewards means Member is bound by these Terms.

Limitation of Liability

1. For purposes of this limitation of liability provision, "HCo" includes HCo, its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of its and their respective officers, directors, employees and agents.

2. To the fullest extent permitted by applicable law: in no event will HCo be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, or damages for business interruption) (collectively, "damages"), arising from or in any way related to Hollister House Rewards, the use of any reward by someone other than the Hollister House Rewards member to whom the reward was sent, or to this agreement, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if HCo has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

3. These limitations of liability shall survive the termination or expiration of this agreement. Certain jurisdictions do not allow these limitations on liability for certain types of damages; as a result, the limitations of liability contained herein may not apply to you in whole or in part. The foregoing paragraph may not apply to a resident of New Jersey.

Dispute Resolution (including informal dispute resolution process; arbitration provision; class action waiver; jury trial waiver; governing law and forum)

Please read this section carefully - it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, a class action waiver, a jury trial waiver, and a provision on governing law and forum.

1. Definitions.

   • "Dispute" will be given the broadest possible meaning permitted by law. "Dispute" means any claim or controversy between you and HCo, including but not limited to: (1) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after the cancelation or expiration of this Agreement. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in this Agreement; (2) issues that relate to the scope, validity, and enforceability of the arbitration provision, class action waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. This Agreement and this arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. Notwithstanding anything in this arbitration provision to the contrary, either you or HCo may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights. You and HCo agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
   • For purposes of this Dispute Resolution section, "HCo" means Abercrombie & Fitch Stores, Inc., and any of its past, present, or future subsidiaries, parents, affiliates, assigns, or vendors and independent contractors, and each of their officers, directors, employees and agents.

2. Mandatory Informal Dispute Resolution Process.

   • Should you and HCo (each a "party," and collectively, the "parties") have a Dispute, the parties agree that they will make a good faith effort to resolve it informally. Compliance with this informal dispute resolution process ("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 (including any statute of limitations) and filing fee or other deadlines will be tolled from the date of receipt of a completed notice through the conclusion of this Process.
   • The party initiating any Dispute must send the other a written notice of the Dispute that includes all of this information: (1) information sufficient to identify any transaction and account at issue; (2) contact information (including name, address, telephone number, and email address); and (3) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice by email to disputeresolution@anfcorp.com or by mail to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you.
   • For a period of 60 days from receipt of a completed notice, you and HCo agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and an HCo representative will personally attend (with counsel, if represented). The parties agree to participate in good faith in this conference, which will be held at a time convenient for both parties, and throughout this Process. If for some reason the Dispute is not resolved within 60 days after receipt of a completed notice, which can be extended by agreement of the parties, you and HCo agree to the further Dispute resolution provisions set forth below.
   • If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration.

3. Mutual Arbitration Provision.

   • Any Dispute between you and HCo that is not resolved as set forth above will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn't removed or appealed to a court of general jurisdiction. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.

   • Procedures for Arbitration.

     • Arbitrations shall be heard and determined by a single arbitrator and be 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) You and we understand and agree that the AAA's administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, the parties will work together in good faith to agree on an arbitration organization that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
     • To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or HCo must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process set forth in the Informal Dispute Resolution Process section; and (3) contact the AAA or the applicable arbitration administrator and follow the appropriate procedures to commence the arbitration. If the party initiating the arbitration is represented by an attorney, the arbitration demand must also be signed by the attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 against any represented party and their counsel. Your demand for arbitration must be sent to: Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. HCo's demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to HCo.
     • Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award. You and HCo agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or HCo may elect to engage with the AAA regarding arbitration fees, and you and HCo agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
     • The arbitration may be conducted by telephone, video, based on written submissions, or in-person, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and HCo reserve the right to request a hearing in any matter from the arbitrator. Any in-person hearing will be held in the county or parish where you live or at another mutually agreed location. You and an HCo representative will personally appear at any hearing (with counsel, if represented).
     • The arbitration will be conducted by a single arbitrator who will apply and be bound by this Agreement as a court would, and will make determinations regarding any Dispute according to applicable law and facts based upon the record and no other basis. An arbitrator may award any relief that would be available in a court, including injunctive or declaratory 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. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

   • Additional Procedures for Multiple Case Filings.

     • You and HCo agree that these Additional Procedures for Multiple Case Filings (in addition to the other sections of this arbitration provision) shall apply if you choose to participate in a Multiple Case Filing. If 25 or more similar claims are asserted against HCo by the same or coordinated counsel or are otherwise coordinated, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties' and the AAA's resources. If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
     • Stage One: If at least 100 Disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for HCo shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration or shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, the parties agree that they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims, and HCo shall pay the mediator's fee.
     • Stage Two: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for HCo shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 5 cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and HCo shall pay the mediator's fee.
     • Upon completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the mass filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
     • The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

   • Future Changes to Arbitration Provision.

     • If we make any future changes to this arbitration provision (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the address provided above within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and HCo in accordance with this version of the arbitration provision.

4. Waiver of Jury Trials.

   • You and HCo waive the right to a jury trial to the fullest extent permitted by applicable law.

5. Waiver of Class Actions.

   • You and HCo agree that any proceeding, whether in arbitration or litigation, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

6. Governing Law and Forum; Survival.

   • This Agreement is governed by the laws of the state of Ohio, United States of America, without regard to Ohio's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration provision is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Ohio, United States of America, for purposes of any legal action arising out of or related to this Agreement, and waive any objections as to personal jurisdiction as to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court.
   • This Dispute Resolution section shall survive the cancellation or expiration of the Agreement.

Severability and Survival

Except as otherwise provided herein, if any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

In addition to such other provisions hereof which, by their terms, survive any termination or expiration of these Terms of Use, the following sections shall survive termination of these Terms of Use: Jurisdiction and Dispute Resolution.