PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ALDO CREW LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE ALDO CREW LOYALTY PROGRAM.
PLEASE BE AWARE THAT SECTION 9 OF THESE TERMS & CONDITIONS, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES RELATING TO THE PROGRAM THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS & CONDITIONS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS AND CONDITIONS.
1. GENERAL TERMS
The ALDO Crew Loyalty Program (the"Program") is sponsored by Aldo U.S. Inc., 1209 Orange Street,
Wilmington, Delaware, 19801, United States ("ALDO"). By enrolling in the Program, you agree to be bound by these Terms and Conditions, (the"Program Terms"). In the Program Terms, "membe", "you" and "your" mean each member enrolled in the Program.
All dollar amounts referred to in the Program Terms are in United States dollars.
You are eligible to the program if:
(i) You are a legal resident of the United States;
(ii) You have reached sixteen (16) years of age as of the date of enrollment; and
(iii) You have the capacity to enter into a binding contract.
THE PROGRAM IS VALID ONLY FOR PURCHASES MADE IN STORES LOCATED IN THE UNITED STATES OR ONLINE AT ALDOSHOES.COM BY UNITED STATES PURCHASERS. Therefore, any purchases made outside the United States even if you are a U.S. legal resident will not be eligible to receive Crew Credits. Corporations, resellers, or other entities or organizations of any kind are not eligible for the Program. Purchases made under the Employee Preferred Purchase Program are not eligible to receive Crew Credits under the Program.
3. ALDO CREW ACCOUNT
To enroll in the Program and to set up your ALDO Crew Account, you must register at www.aldoshoes.com/us/en_us/crew/join
To complete your registration, you must:
(i) enter your first name, last name, e-mail address, zip code, phone number and product preference;
(ii) create a password; and
(iii) accept the Program Terms.
Enrollment confirmation and other program communications will be sent to the email address indicated in your ALDO Crew Account. Email subscription is not mandatory to participate in ALDO Crew, but unsubscribed members will not receive emails from us regarding the Program, including Annual Rewards and notification of special benefits. These Annual Rewards and information pertaining to special benefits will be available in the My Account section of Aldoshoes.com. Members may access their ALDO Crew Account at www.aldoshoes.com/us/en_US
3.2 Account Restrictions
Only one (1) ALDO Crew Account per person, per email address and per telephone number can be created. This means a person with multiple email addresses and/or phone numbers cannot have more than one ALDO Crew Account. The sum of transactions from multiple ALDO Crew accounts cannot be aggregated into one account or transferred from one account to another unless authorized by ALDO.
4.1. Accumulating ALDO Crew Credits
When you provide the email address or phone number associated with your ALDO Crew Account upon making a purchase at any ALDO store located in the United States or online at aldoshoes.com, you earn ALDO Crew Credits corresponding to the eligible purchase amount ("Crew Credits"). The eligible purchase amount corresponds to the transaction total for merchandise after any discounts and does NOT include taxes, shipping or the purchase of ALDO gift cards.
4.2. Gift card
For greater clarity, purchases of ALDO gift cards do NOT qualify as an eligible purchase amount, but members may earn ALDO Crew Credits when the ALDO gift card is used for the purchase of merchandise. ALDO Crew Credits are awarded to the customer who uses the gift card as tender.
4.3. Credit to your Account
A transaction may earn ALDO Crew Credit for only one (1) ALDO Crew Account. ALDO Crew Credits will be provided for transactions completed up to 10 days prior to your completed enrollment date, provided that the email address given for the transaction was the same as the one provided on the ALDO Crew enrollment form. For returns, ALDO Crew Credits earned on a purchase will be removed from the member’s account for the same amount.
ALDO will use all reasonable efforts to credit a member’s ALDO Crew Account for purchases with ALDO Crew Credits on a timely basis. If Crew Credits are not issued for an eligible transaction, you may request the missing Crew Credits up to 90 days after the original transaction by calling us at 1-888-818-2536 or writing to us on www.aldoshoes.com/us/en_US/customer-service/contact-us/email-us. You will be asked to provide certain transaction-related information on the receipt to verify the purchase. All requests are subject to verification. ALDO's decision pertaining to the allocation of ALDO Crew Credits is final.
ALDO may adjust your ALDO Crew Account status or ALDO Crew Credits balance at any time and without notice, due to any computer or other error, technical issues experienced by ALDO, machine malfunction, fraud or other misuse of the Program. All transactions involving ALDO Crew Credits are subject to review and verification by ALDO.
You may review your ALDO Crew Credits balance and ALDO Crew Account activity in the My Account section of www.aldoshoes.com/us/en_US
ALDO shall have no liability for any reproduction, typographical, mechanical or other errors in the ALDO
Crew Account or any summaries distributed by ALDO or its agents, for any delay or failure to assign ALDO Crew Credits to ALDO Crew Accounts. ALDO reserves the right to invalidate ALDO Crew Credits from a member's ALDO Crew Account with notice if it determines in its sole discretion that such Crew Credits were improperly credited to such member's ALDO Crew Account or were obtained fraudulently or otherwise in violation of the Program Terms. ALDO reserves the right to require proof from the member that ALDO Crew Credits has been obtained for any transaction and ALDO reserves the right to delay the processing or redemption of any ALDO Crew Credits without notice, in order to assure compliance with the Program Terms. Members, by participating in the Program, are responsible for maintaining the confidentiality of their ALDO Crew Account and password and for restricting access to the devices used to access these accounts. Members agree to accept responsibility for all activities that occur under their ALDO Crew Account or password. ALDO Crew Credits do not constitute property, do not entitle a member to a vested right or interest, have no cash value, have no exchange value and are not rewards points. As such, ALDO Crew Credits are not redeemable for cash, transferable or assignable for any reason. ALDO Crew Credits are not transferable through a member's estate and may not pass to member's successors and assigns. The sale, barter, transfer or assignment of any accumulated ALDO Crew Credits, other than by ALDO, is strictly prohibited. Any ALDO Crew Credits which ALDO deems to have been transferred, sold, bartered or assigned in violation of the Program Terms may be confiscated and/or canceled. Membership in the Program does not confer any rights or benefits in the program of any other ALDO affiliate.
4.4. Membership Tiers: Crew, Plus and VIP
There are three Membership Tiers in the Program: Crew, Plus and VIP. All members are automatically assigned to Crew upon enrollment. Achieving Plus and VIP tiers require a minimum accumulation of respectively $150 and $300 in ALDO Crew Credits during any 12 (consecutive)-month period.
Members will remain qualified for the Plus or VIP tier for 12 months following initially qualifying. If they have accumulated the amount of ALDO Crew Credits associated with the Plus or VIP tier during this 12
months period, they will requalify for another 12 months, and so on. For identification purposes only,
you will be requested to provide the email or phone number registered to your ALDO Crew account to allow us to correctly calculate and apply the transaction amounts to your ALDO Crew Credits.
The benefits associated with the three tiers are detailed as follows:
(i) Crew: Benefits in this tier include:
(a) Welcome Offer upon registration: discount on your next purchase of Aldo Products for the amount indicated in the welcome notification;
(b) Lowered threshold for free shipping ($50);
(c) Access to Price Drops and Bundles: Price Drops are specifically designated products that will be made available at a discounted price for a set period of time for ALDO Crew members only. Bundles are specifically designated products that can be purchased in combination for a discount by ALDO Crew members only.
(d) Online express checkout through My Account and
(e) Birthday Treat: The Birthday Treat is a discount on our next purchase of Aldo Products. The Birthday Treat will be assigned to you in the days leading up to your date of birth as provided on the enrollment form and will expire 30 days after issuance.
(ii) Plus: Benefits of this tier include all benefits provided for Crew in addition to:
(a) 15% Reward Voucher: gives you 15% off on your next purchase of Aldo
Products, to be issued once for any given 12 months period;
(b) Birthday Gift: choice of accessory to be selected in store for free, up to the
maximum value indicated in the gift notification and
(c) Specific 20% reduction off handbags/bags in combination with (non-hanging) footwear purchase.
(iii) VIP: Benefits of this tier include all benefits provided at Crew and Plus levels in addition to:
(a) 20% Reward Voucher: gives you 20% off on your next purchase of Aldo Products, to be issued once for any given 12 months period;
(b) Free shipping;
(c) Access to deals & surprises and
(d) Ability to share the 20% Reward Voucher reward with up to five friends.
4.5. Annual Rewards - Redeem Conditions
Vouchers will be sent to the email appearing in your ALDO Crew Account at the time of issuance (unless you have unsubscribed your email) and will also be available at www.aldoshoes.com/us/en_US/account. Annual Rewards may be redeemed for purchases of any qualified merchandise for sale online by applying the designated promo code at time of checkout or in store by providing the unique voucher code to the ALDO salesperson. The value of the Reward Voucher will be applied against the total value of the merchandise, excluding applicable taxes and shipping fees. Only one voucher can be used per transaction.
You will be able to use Annual Rewards on any merchandise for sale including regular and marked down but not on clearance items. Vouchers may not be used to purchase gift cards or combined with any other promotional offers, unless otherwise noted on the offer. Any applicable taxes will be payable on the value of the merchandise after the reduction of the value of the Reward Voucher and on the applicable shipping fees. Each Reward Voucher issued will have a unique reward number and may be used only once. Annual Rewards are not transferable and may not be sold, resold, exchanged or bartered.
Unless a different expiration date is stated on the face of the applicable Reward Voucher, all Annual Rewards expire one hundred and twenty (120) days from date of issuance. Annual Rewards may only be used once and are void after first use.
Annual Rewards and all benefits of the Program are promotional in nature, have no cash value, and cannot be redeemed for cash or any cash equivalent (except as may be required by law). The maximum value of a promotional voucher is $100 per code. You are responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from your participation in the
5. MODIFICATION AND TERMINATION OF PROGRAM
Membership in the Program is offered at the discretion of ALDO and ALDO reserves the right to modify the Program Terms, ALDO Crew Credits structure or Reward Voucher amounts, benefits, Membership Tiers, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting ALDO Crew Credits and Annual Rewards and their respective duration or timing, or any other aspect of the Program, in whole or in part.
ALDO will make reasonable efforts to give you sixty (60) days’ notice of any material amendment and a comparison illustrating the changes. Otherwise amendments will be effective upon posting of the revised Program Terms on ALDO’s website.
5.2. Termination of the Program
The Program may be terminated at the sole discretion of ALDO. ALDO shall make reasonable efforts to give conspicuous notice at least sixty (60) days prior to the date that such termination becomes effective, during which time you may still redeem Annual Rewards. ALDO shall not be required to give sixty (60) days’ notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. By enrolling in and participating in the Program you agree that you are not relying upon the
continued availability of the Program or any ALDO Crew Credits accumulated in connection therewith.
Without limiting any other remedies, ALDO may suspend or terminate any ALDO Crew Account and/or revoke any or all benefits you may be entitled to if ALDO suspects, in its sole discretion, that any member or other person has abused any of the Program privileges, engaged in deceptive, forged or fraudulent activity in connection with this Program, or violated any term of the Program or any other agreement with or policy of ALDO (including the aldoshoes.com Terms and Conditions). If ALDO terminates your membership or terminates the Program for any reason, all Annual Rewards, Crew Credits or other benefits earned on your ALDO Crew Account will be forfeited.
You may unsubscribe at any time from the Program by contacting Aldo customer service at 1-888-818-
2536 or writing to us on www.aldoshoes.com/us/en_US/customer-service/contact-us/email-us.
6. LIABILITY LIMITATIONS
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALDO,ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "ALDO PARTIES") ARE NOT BE
RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY RELATED TO (A) ANY USE OF THE PROGRAM, OR ANY ALDO CREW CREDITS OR VOUCHERS, (B) ANY FAILURE OR DELAY BY ALDO IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE PROGRAM BY ALDO (INCLUDING ANY TERMINATION OF, CHANGE IN, OR SUSPENSION OF THE PROGRAM), EVEN IF ALDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR REGISTRATION INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE ALDO PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE
PROGRAM OR ANY RELATED ALDO CREW CREDITS, VOUCHERS OR OTHER PROGRAM BENEFITS, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF ALDO’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
ALDO MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALDO EXPRESSLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION THAT ITS PROGRAM WILL BE ERROR-FREE. ALDO FURTHER DISCLAIMS ANY WARRANTY OR CONDITION AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. ALDO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME PROVINCES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
EACH PROVISION OF THESE PROGRAM TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND THE ALDO PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ALDO. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
7.2. Use of Your Data
In particular, you understand that ALDO will use your transactional and profile data to provide you with
promotional materials and information regarding our products, services, promotions, special offers,
events, etc. We may share your personal information with third-party marketing providers who assist us
in these marketing campaigns or to display advertising on social media platforms or other websites you use. You may at any time unsubscribe from receiving promotion electronic communications from ALDO or to ALDO using your personal information to enhance your shopping experience by following the
manages, accesses or uses your personal information, please let us know by calling us at 1-888-818-2536 or writing us at ALDO Customer Services, 2300 Émile-Bélanger, Montreal, Quebec, Canada, H4R
You may update your personal information or change your password at any time when you log into your ALDO Crew Account on www.aldoshoes.com/us/en_US
GOVERNING LAW AND JURISDICTION
These Program Terms shall be construed and interpreted in accordance with the laws of the State of Delaware, without reference to principles of conflict of law. The United Nations Convention on
Contracts for the International Sale of Goods shall have no applicability. Any dispute between the
parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Delaware.
8. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
8.1. Applicability of Arbitration Agreement
You and ALDO agree that any dispute, claim or request for relief relating in any way to the Program,
including your access or use of the Program, advertising and communications related to the Program, and the Program Terms, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or ALDO may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Section 9 (the "Arbitration Agreement") shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Program Terms or any prior version of these Program Terms. All references to "ALDO" in this Arbitration Agreement include ALDO, its parent companies, subsidiaries and affiliates and all of their respective officers, directors, employees, agents, successors and assigns.
Before you submit a claim for arbitration, you must first contact our customer service representatives
at 1-888-818-2536, and give us an opportunity to resolve the dispute. Similarly, before ALDO takes a
dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or ALDO is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in Section 9 below.
8.2. Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent The Corporation Trust Company, located at Corporation Trust Centre, 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, ALDO will pay them for you. In addition, ALDO will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
8.3. Authority of Arbitrator
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this
Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability,
enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ALDO. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Program Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
8.4. Waiver of Jury Trial
YOU AND ALDO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ALDO are instead electing that all disputes, claims, or requests for relief within the scope of this Arbitration Agreement shall be resolved by arbitration, except as specified in Section 8.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Program Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
8.5. Waiver of Class or Other Non-Individualized Relief
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
8.6. 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice
of your decision to opt out on www.aldoshoes.com/us/en_US/customer-service/contact-us/email-us, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your ALDO Crew Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Program 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, or may enter in the future, with ALDO.
Except as provided in subsection 9.5, 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.
8.8. Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with ALDO.
Notwithstanding any provision in these Program Terms to the contrary, we agree that if ALDO makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing ALDO at the following address: The Aldo Group Inc. 2300 Emile-Belanger, Montreal (Quebec) Canada, H4R 3J4, attention: Legal Department.
8.10. Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 9, or any other provision of this Agreement, you and ALDO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect trade-mark or other intellectual property rights or confidential
information or to preserve the status quo pending arbitration.
The headings are inserted for convenience of reference only and do not affect the construction or
interpretation of the Program Terms.
10. NO ASSIGNMENT
You may not assign your rights or obligations under the Program and/or the Program Terms without the
express written consent of ALDO.
These Program Terms shall inure to the benefit of and be binding upon each of the parties hereto and
their respective successors and permitted assigns.
If any part of the Program Terms is found to be unlawful, void or unenforceable under applicable law, all other parts of the terms and conditions will still apply.
13. ENTIRE AGREEMENT
These Program Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and ALDO in connection with the Program, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the
subject matter hereof, and may not be amended or modified except in writing, or by ALDO making such
amendments or modifications available to it pursuant to the Program Terms.
14. NO WAIVER
The failure of ALDO to enforce any provision of the Program Terms or to respond to a breach by you or
any third party of the Program Terms shall not in any way waive the right of ALDO to subsequently enforce any of the terms contained herein or to act with respect to similar breaches.
© 2019 The Aldo Group Inc. All rights reserved.