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STATUS TERMS AND CONDITIONS

Effective as of: July 14, 2020

INTRODUCTION

PLEASE READ THESE STATUS TERMS AND CONDITIONS BEFORE ENROLLING OR OTHERWISE PARTICIPATING IN STATUS. BY ENROLLING AND/OR PARTICIPATING AS A STATUS MEMBER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OTHER TERMS INCORPORATED BY REFERENCE. THESE TERMS AND CONDITIONS CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND JD FINISH LINE AND THE TERMS DESCRIBE EACH OF OUR RESPECTIVE RIGHTS AND OBLIGATIONS, INCLUDING IN REGARDS TO: (A) DISPUTE RESOLUTION; (B) CLASS ACTION WAIVER; (C) LIMITATION OF OUR LIABILITY; (D) YOUR INDEMNITY OF US; AND (E) YOUR RELEASE OF US FROM LIABILITY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR DO NOT MEET THE PROGRAM’S ELIGIBILITY REQUIREMENTS, DO NOT ENROLL IN OR OTHERWISE PARTICIPATE IN STATUS. STATUS IS VOID WHERE PROHIBITED BY LAW. 

The Finish Line, Inc., which operates the retail brands of Finish Line and JD Sports in the United States and certain U.S. Territories (“JD Finish Line”), offers and administers STATUS. STATUS is a joint loyalty program for customers of Finish Line and JD Sports. These Terms and Conditions apply to STATUS members who are customers of Finish Line or JD Sports or both.

The Winner’s Circle Loyalty Program Conversion Terms and Conditions and the JDX Loyalty Program Conversion Terms and Conditions are included and are incorporated into these Terms and Conditions by reference and are applicable to a Winner’s Circle member or JDX member who has had his/her/their Winner’s Circle or JDX membership converted into a STATUS membership; if there is any conflict between the terms of these Terms and Conditions or the terms of these additional terms, then the terms of these Terms and Conditions govern.

1. Membership Eligibility. To be a STATUS member, you must be a natural person who is 13 years old or older (if you are a California resident, you must be 18 years old or older) and a resident of the United States with a valid, unique email address and mailing address in the United States. If you are under the age of eighteen (18) (or age of majority if higher in your place of residence), you should only enroll and participate in STATUS with the involvement of a parent or guardian. STATUS is intended for personal use only. Diverters, wholesalers and resellers are not eligible for STATUS membership. Any commercial use of any aspect of STATUS, including STATUS benefits, is prohibited. Employees and contractors of JD Finish Line and any of its parents, subsidiaries, affiliates or partners are not eligible to participate in STATUS. 

2. Program Enrollment. There is no registration fee or any ongoing fees associated with STATUS membership. No purchase is necessary to enroll into STATUS. If you are eligible for STATUS membership, here is how you can enroll into STATUS:

a. Enroll Online or On an App. You can enroll online by following the “Join STATUS” prompt on the home page at finishline.com or jdsports.com. You can also enroll on the Finish Line or JD Sports mobile app, available on iOS and Android (each referred to as the “App” and collectively as the “Apps”). When enrolling online or on an App, you will be required to provide your first name, last name, a valid, unique email address and your birthday. You will also be required to create a password for your STATUS account. You may also have the opportunity to provide us with other information, like your mobile phone number, but this information is optional. You will also be enrolled in STATUS when you create a user account on finishline.com or jdsports.com. if you are eligible for STATUS membership. You will be required to confirm that you have read these STATUS Terms and Conditions and the JD Finish Line Privacy Policy when you enroll in STATUS.  

b. Enroll in a Store. You can enroll at any Finish Line or JD Sports store in the U.S. and in certain U.S. Territories. Ask a Finish Line or JD Sports Store Associate to help you enroll in STATUS. When enrolling in a store, you will be required to provide your first name, last name, a valid and unique email address and your birthday. You will also be required to confirm that you understand that these STATUS Terms and Conditions and the JD Finish Line Privacy Policy apply. If you enroll in STATUS in a store, you will need to complete your registration online at finishline.com or jdsports.com if you want to create an online STATUS account, accessible at finishline.com or jdsports.com

c. Single Account. One STATUS account can be used on both finishline.com or jdsports.com. For example, you would use the same login information to access your STATUS account on both  finishline.com or jdsports.com.

3. Agreement to STATUS Terms and Conditions. By enrolling as a STATUS member, you agree that you have read, understood and agree to be bound by these Terms and Conditions and by any changes or modifications we may make to these Terms and Conditions and/or the STATUS program. You should review these Terms and Conditions and any related terms, policies and informational pieces, such as our Customer FAQs on STATUS, frequently to understand the terms and conditions that apply to STATUS as they may change from time to time. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have or have had with us, including any agreement for products or services you purchase from JD Finish Line. By enrolling in the STATUS program, you also agree to be bound by the JD Finish Line Privacy Policy and the  JD Finish Line Terms of Use, as applicable, which are incorporated herein by reference; if there is any conflict between the terms of these Terms and Conditions or the terms of these additional terms, then the terms of these Terms and Conditions govern. If you do not agree to these Terms and Conditions, the JD Finish Line Privacy Policy or the JD Finish Line Terms of Use, you should not enroll as a STATUS member and you may be excluded from the full benefits of STATUS membership if you choose to enroll as a STATUS member.

4. STATUS Account. When you enroll in STATUS, you will be assigned a STATUS loyalty number that is unique to you as a STATUS member. JD Finish Line will email the assigned STATUS loyalty number to the email address you provided when enrolling in STATUS. JD Finish Line will treat this as the email address associated with your STATUS account (and if you change your email address for your STATUS account, the updated email address will be treated as the email address associated with your STATUS account). A STATUS member is entitled to only one STATUS account. You are solely responsible for maintaining the accuracy of your STATUS account information and for updating it as required. If you have an online STATUS account, you may update your STATUS account information on finishline.com or jdsports.com by signing in to your STATUS account or by contacting the Finish Line Customer Care Team or the JD Sports Customer Care Team. If you do not have an online STATUS account, you may update your STATUS account information by contacting the  Finish Line Customer Care Team or the JD Sports Customer Care Team. Only one STATUS account may be associated with a single email address. In the event of a dispute over ownership of the STATUS account, the STATUS member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and Conditions, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, 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. If you have any concerns that activity on your STATUS account is improper, you should contact onlinefraud@finishline.com or onlinefraud@jdsportsus.com.    

5. How STATUS Works. STATUS is how we thank and reward our loyal JD Finish Line customers when they shop at Finish Line and JD Sports. Upon enrollment as a STATUS member, you are immediately entitled to STATUS benefits as they are offered by Finish Line and JD Sports, subject to availability of such benefits and your STATUS Tier. STATUS members are entitled to different types of benefits based on the STATUS Tier for which they qualify. There is no cash value in a STATUS membership or any STATUS benefit and you have no property rights in or to the STATUS membership, the STATUS account or STATUS benefits. The sale, barter, transfer or assignment of any STATUS membership or STATUS benefits is expressly prohibited. 

6. STATUS Tiers. 

a. Qualification. STATUS members may qualify for one of two different STATUS Tiers: the General Admission Tier or the A-List Tier. Qualification for a STATUS Tier is based on the amount STATUS members spend on qualifying purchases as a STATUS member at Finish Line and/or JD Sports in a calendar year (January 1 at 12:00 AM ET – December 31 at 11:59 PM ET) (“Calendar Year”) (less any spend for shipping or taxes, donations elected to be made at checkout or arising from use of Status Cash or a Finish Line or JD Sports gift card).  

b. General Admission Tier. A STATUS member who spends less than $500 at Finish Line and/or JD Sports in a Calendar Year will qualify for the General Admission Tier for that Calendar Year.

c. A-List Tier. A STATUS member who spends $500 or more at Finish Line and/or JD Sports in the applicable Calendar Year will qualify for the A-List Tier for both the remainder of the Calendar Year in which the A-List status was earned through December 31 of the following Calendar Year. For example, if a STATUS member qualifies for the A-List Tier in June 2020, then the STATUS member remains in the A-List Tier until December 31, 2021; if this STATUS member does not spend $500 or more in 2021, then the STATUS member will be grouped in the General Admission Tier in 2022, the subsequent Calendar Year, and must re-qualify for the A-List Tier by spending $500 or more in 2022. 

For an example of how a STATUS member qualifies for A-List Tier based on that member’s monetary spend per Calendar year, please see below:

Calendar Year

Calendar Year Spend at Finish Line and/or JD Sports*

STATUS Tier in 

Calendar Year

STATUS Tier in

Following Calendar Year

1

$300

General Admission

General Admission

2

$600

General Admission and then 

A-List once $500+ is spent 

in Calendar Year**

A-List

3

$400

A-List

General Admission

4

$750

General Admission and then 

A-List once $500+ is spent 

in Calendar Year**

A-List

*Qualification for STATUS Tier grouping purposes is based solely on a STATUS member’s monetary spend at Finish Line and/or JD Sports in a Calendar Year (see above). Placement in STATUS Tiers does not take into account the amount of accrued Points.

**Returns and refunds may impact STATUS Tier placement and standing in A-List STATUS Tier. See “Impact of Returns on Points and Tier Placement” below for additional details. 

d. Points Accrual Based on STATUS Tier. The amount of Points that can be earned on qualifying purchases by STATUS members in the General Admission Tier versus the A-List Tier varies. 

STATUS Tier

Calendar Year Spend at Finish Line and/or JD Sports*

Points Earned

Example

General Admission

Less than $500

Earn 10 Points per $1 spent

If a STATUS member in the General Admission Tier spends $100, the STATUS member earns 1,000 Points on that purchase.


If a Status member in the General Admission Tier spends $50 at Finish Line and $50 at JD Sports, the STATUS member earns 500 Points on the Finish Line purchase and 500 Points on the JD Sports purchase, for a total of 1,000 Points on the two purchases.

 

 

 

 

 

A-List

$500 or more

Earn 15 Points per $1 spent

If a STATUS member in the A-List Tier spends $100, the STATUS member earns 1,500 Points on that purchase.


If a Status member in the A-List Tier spends $50 at Finish Line and $50 at JD Sports, the STATUS member earns 750 Points on the Finish Line purchase and 750 Points on the JD Sports purchase, for a total of 1,500 Points on the two purchases.

 

 

 

   

Points can be used by STATUS members to redeem offers in the STATUS Rewards Catalog. For additional details, see the “Points & Rewards Catalog” section below.

7. STATUS Benefits.

a. In General. As further described below, STATUS benefits include the opportunity to earn Points in connection with qualifying purchases at Finish Line and/or JD Sports that can be used to redeem certain Rewards, including exclusive and/or early access to special offers and experiences offered by JD Finish Line. STATUS accounts and STATUS benefits may not be shared combined among different persons or sold. Without limiting the foregoing, the sale of Points and Rewards and any other STATUS benefit is strictly prohibited. Only the person duly registered as a STATUS member may accumulate and claim STATUS benefits. STATUS benefits cannot be exchanged for another STATUS benefit or any product or monetary payments. Products and services made available as STATUS benefits are for personal use only. STATUS benefits will be offered subject to applicable law. We reserve the right, with or without notice, to modify, suspend or cancel any STATUS benefit to be provided to you if we believe, in our sole discretion, that you have violated, or the provision of the STATUS benefit to you will violate, these Terms and Conditions. We are not responsible for any STATUS benefits lost or redeemed due to any such violation or fraudulent activity.

b. Points. STATUS members have the opportunity to earn points in connection with qualifying purchases at Finish Line and/or JD Sports (“Points”). The amount of Points that can be earned on qualifying purchases by STATUS members in the General Admission Tier versus the A-List Tier varies. STATUS members can also receive Points through promotions offered by JD Finish Line or provided at the sole discretion of JD Finish Line (for example, as a form of appeasement to remedy an error with an order). Points can be used by STATUS members to redeem offers in JD Finish Line’s STATUS Rewards Catalog (“Rewards”). 

i. Available Points. STATUS members in the General Admission Tier will receive ten (10) Points for every $1 spent on qualifying purchases at Finish Line and/or JD Sports. STATUS members in the A-List Tier will receive fifteen (15) Points for every $1 spent on qualifying purchases. 

ii. Qualifying Purchases. To earn Points on a purchase, a STATUS member must make a qualifying purchase at any Finish Line or JD Sports store in the U.S. or in certain U.S. Territories, finishline.com or jdsports.com or the Apps and provide the email address associated with the STATUS member’s STATUS account. If making a purchase in-store, a STATUS member can also earn Points on the purchase by providing a Finish Line or JD Sports Store Associate the STATUS member’s STATUS loyalty number, as issued by JD Finish Line, at checkout. When a STATUS member makes a qualifying purchase using a Finish Line gift card or JD Sports gift card or Status Cash, the STATUS member will not earn Points on the portion of the purchase for which such form of payment was used. STATUS members may earn Points only on the purchase price of qualifying products. Points may be earned on any purchase of a Finish Line gift card or JD Sports gift card. Points will not be earned on any payment by a STATUS member for any charges for shipping and handling or taxes, donations elected to be made at checkout or on any discounts or other credits offered in connection with a purchased product. For example, if a product that was originally $100 is on sale for $75, a General Admission Tier member who purchases the product will earn 750 Points on the purchase price of $75 (that is, ten (10) points for every $1 spent in the transaction). Points will not be eligible for credit to a STATUS account if a purchase is made by a customer before the customer enrolls or is enrolled in the STATUS program. Points may not be eligible for credit if a purchase is made by a STATUS member without the member having provided the email address or STATUS loyalty number associated with the STATUS member’s account (as applicable). Points are non-transferable and cannot be redeemed for cash.

iii. Points Accrual. Upon transaction completion, applicable Points will accrue. Timing for transaction completion varies between in-store purchases and purchases made online or on the Apps. Points balances will be updated within forty-eight (48) hours of the accrual and accumulation of the qualifying Points (as described above). 

iv. Impact of Returns on Points and Tier Placement. Points earned for a purchase that is then the subject of a return, refund, returned check due to insufficient funds or other credit will be deducted from your STATUS account in an amount equal to the corresponding Points earned on the original transaction. Monetary amounts spent on a purchase that is then the subject of a return, refund, returned check due to insufficient funds or other credit will be deducted in a corresponding amount of the spend for the Calendar Year used to determine your STATUS Tier placement. If a STATUS member makes a return on a purchase that resulted in their qualification for the A-List Tier in that Calendar Year and the corresponding refund results in the STATUS member actually having spent less than $500 in that Calendar Year, the STATUS member will have thirty (30) days from the date of return  to spend the amount necessary to be deemed to have spent $500 or more in the applicable Calendar Year to remain in the A-List Tier; if the STATUS member fails to spend such amount within the thirty (30) day period, then the STATUS member will be re-grouped in the General Admission Tier instead of the A-List Tier.

v. Points Inquiry. Consumer billing rights and certain consumer rights that apply with respect to credit card purchases do not apply to the STATUS program. If you believe that a purchase you made should have resulted in the addition of Points to the Points balance for your STATUS account, and such Points are not reflected in the Points balance within five (5) days of the date on which the purchase was made, please notify us immediately by contacting the Finish Line Customer Care Team or the JD Sports Customer Care Team. JD Finish Line will use reasonable efforts to investigate the matter (“Points Inquiry”) so long as you notified us of such Points Inquiry within fifteen (15) days of the subject purchase. If you do not notify us within such period, you will have waived your right to bring the Points Inquiry to us for investigation and resolution. In order for us to undertake an investigation of your Points Inquiry, we may require you to provide written confirmation of the dispute and to make certain representations regarding the purchase that is subject to the Points Inquiry. If we do not receive the requested written confirmation within the time frame requested by us, we may, in our sole discretion, elect not to investigate your Points Inquiry. Upon completion of our investigation of your Points Inquiry, regardless of the resolution of the Points Inquiry, we will have no further responsibilities should you later raise the same Points Inquiry, except as otherwise provided by applicable law.

vi. POINTS EXPIRATION. POINTS NOT YET USED TO CLAIM REWARDS WILL EXPIRE 365 DAYS FROM THE DATE OF THE ORIGINAL PURCHASE ON WHICH SUCH POINTS WERE EARNED.

c. Rewards & STATUS Rewards Catalog. STATUS members have the opportunity to use accrued Points to redeem offers in the STATUS Rewards Catalog (“Rewards”).

i. In General. Examples of Rewards that may be made available in the STATUS Rewards Catalog include: Status Cash, exclusive offers (such as discounts and free shipping) and exclusive or early access to products and/or experiences. Rewards listed in the STATUS Rewards Catalog may change at any time. Rewards are non-transferable and cannot be redeemed for cash. Rewards are available on a first-come-first serve basis and are available while supplies last. Substitutions of Rewards may be made by us in our sole discretion. Rewards offered may not be of equal value. 

ii. Availability of Rewards for Both Brands. Many Rewards can be used with both Finish Line and JD Sports. There may be times when a Reward is redeemable only with Finish Line or JD Sports.

iii. Additional Terms. Redemption and use of Rewards may be subject to additional terms set forth in the STATUS Rewards Catalog or otherwise provided. 

  • For example: If the STATUS Rewards Catalog offers a certain discount as a Reward, if redeemed, that Reward may be available only for use for a purchase made in a Finish Line store, online at finishline.com or on the Apps.
  • For example: If the STATUS Rewards Catalog offers free shipping as a Reward, if redeemed, that Reward may be available for use only for a purchase made online at finishline.com, jdsports.com or on the Apps.
  • For example: If the STATUS Rewards Catalog offers an event ticket as a Reward, if redeemed, your attendance at the event may be subject to terms and conditions of the event host, which may be made available on the event ticket or event website.

iv. Status Cash. Status Cash in varying amounts may be offered as an available Reward to STATUS members in the STATUS Rewards Catalog. If a STATUS member uses Points to redeem a Status Cash Reward as made available in the STATUS Rewards Catalog, then JD Finish Line will issue a Status Cash Certificate, including an assigned Status Cash Number, to the STATUS member by email to the email address associated with the STATUS member’s STATUS account. Status Cash may be used by a STATUS member on purchases of qualifying products at Finish Line and JD Sports store locations in the U.S. and in U.S. Territories (subject to a limit of one Status Cash Reward per transaction). To apply Status Cash to a purchase in-store, a STATUS member must provide an assigned Status Cash Number at checkout and may be required to verify their identification by showing a driver’s license or other government-issued photo identification at checkout of in-store purchases. A Status Cash Reward may only be redeemed once, but may be combined with select offers (see Status Cash Reward Certificate for details). If you use Status Cash on a purchase and make a return of that purchase, you will not receive a refund or a credit for the Status Cash Reward. If you use a Status Cash Reward on a purchase and your order is cancelled, your Status Cash Reward will be restored and made available to you for future use. A STATUS CASH REWARD WILL EXPIRE 90 DAYS FROM THE DATE THE REWARD WAS REDEEMED BY THE STATUS MEMBER.    

v. Offers & Experiences. STATUS members may gain exclusive and/or early access to special and/or select offers and experiences that may be offered by JD Finish Line through the STATUS Rewards Catalog. Exclusive access means that the special and/or select offers and experiences offered by JD Finish Line to STATUS members may not be offered to persons who are not STATUS members. Early access means that the special offers and experiences may be offered by JD Finish Line to STATUS members before being offered to persons who are not STATUS members. Available Rewards may include exclusive and/or early access to products, invitations to special events and experiences, personalized offers and eligibility for giveaways. 

vi. Welcome Gift. When you enroll as a STATUS member, you will have ninety (90) days from the date of your enrollment to redeem a Welcome Gift from JD Finish Line. Please see the STATUS Rewards Catalog for details. If you are given the option to select from several gifts for your Welcome Gift, the gifts offered may not be of equal value to one another.  

d. Points Balance and Rewards. STATUS members can view their Points balance and Rewards history by logging into their STATUS account online at finishline.com or jdsports.com or on the Apps. STATUS members can also contact the Finish Line Customer Care Team or the JD Sports Customer Care Team for their Points balance and Rewards history. JD Finish Line’s records concerning STATUS members’ Points balances and redeemed Rewards shall be deemed correct and accurate. We reserve the right to determine STATUS members’ Points balances and redeemed Rewards based on our internal records related to the applicable STATUS account. In the event of an inconsistency between the amount accrued in a STATUS account as stated in any communication to a STATUS member and our internal records, our internal records will control. 

8. STATUS Communications. When you enroll or are enrolled as a STATUS member, you will be given the opportunity to subscribe to receive and consent to receiving Finish Line or JD Sports marketing emails and/or STATUS-related emails. You may opt-out of receiving Finish Line or JD Sports marketing emails at any time by clicking the “Unsubscribe” link in a Finish Line or JD Sports marketing email or as otherwise described in our JD Finish Line Privacy Policy. If you do not want to receive marketing emails from either Finish Line or JD Sports, you will need to unsubscribe to both types of marketing emails. Even if you unsubscribe to Finish Line or JD Sports marketing emails, transactional emails will still be sent to you as they relate to your STATUS membership and Finish Line and JD Sports purchases. To stop receiving STATUS-related emails, you must terminate your STATUS membership.  
 
9. Modification and Termination of STATUS.

a. Program Modification and Termination. STATUS and STATUS benefits are offered at our sole discretion. We may, in our sole discretion, cancel, modify, restrict or terminate these Terms and Conditions (and any related terms, policies and informational pieces, such as our STATUS FAQs), STATUS benefits and/or the STATUS program or any aspect or feature of the STATUS program, in whole or in part, at any time without prior notice, including without limitation the Spend-to-Points and Points-to-Rewards conversion ratios or Points and Rewards expiration terms. We may make these changes even though such changes may affect a STATUS member’s ability to use Points and/or Rewards already accumulated.

b. Membership Cancellation. Without limiting the foregoing, we reserve the right to exclude you from or to cancel your STATUS membership and to audit your STATUS membership account at any time, in our sole discretion. Any suspected abuse of the STATUS program, failure to follow any of these Terms and Conditions, membership inactivity (that is, no use of STATUS in any 12 month period), illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and Conditions and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any aspect of the STATUS program, may result in the revocation of your membership and make you ineligible for further participation in STATUS. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms and Conditions, we also have the right to take appropriate legal action, in our sole discretion.

c. Membership Withdrawal. If you decide you no longer want to be a STATUS member, you may cancel your STATUS membership at any time by opting-out in your STATUS account on finishline.com or jdsports.com by contacting the Finish Line Customer Care Team or the JD Sports Customer Care Team

d. Effect of Membership Suspension or Termination. If your STATUS membership is suspended, cancelled or otherwise terminated, you will no longer be entitled to claim any STATUS benefit, including any STATUS benefit that was offered but unclaimed prior to such STATUS membership suspension, cancellation or termination. Without limiting the foregoing, any unused Points or Rewards accrued in your STATUS account will be forfeited and cannot be redeemed.  

10. DISCLAIMER OF WARRANTIES. NEITH​ER JD FINISH LINE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES NOR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE STATUS PROGRAM OR ANY OF THE BENEFITS ASSOCIATED WITH THE STATUS PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. THE FOREGOING EXCLUSIONS OF WARRANTIES, EXPRESS OR IMPLIED, DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

11. LIMITATION OF LIABILITY. EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE THAT:

a. NEITHER JD FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES NOR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES RESULTING FROM: (A) YOUR INABILITY OR FAILURE FOR ANY REASON TO COMPLY WITH THESE TERMS AND CONDITIONS; (B) ANY INACCURACIES OR OMISSIONS IN ANY PUBLISHED CONTENT CONCERNING THE STATUS PROGRAM; (C) ACCESS DELAYS OR INTERRUPTIONS TO THE STATUS PROGRAM OR STATUS BENEFITS; (D) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY JD FINISH LINE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS REGARDING THE STATUS PROGRAM; (F) ANY CRIMINAL, TORTIOUS OR NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER PERSONS WHO MAY BE STATUS MEMBERS; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

b. NEITHER JD FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES NOR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE STATUS PROGRAM OR YOUR PARTICIPATION IN THE STATUS PROGRAM, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

c. NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE STATUS PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT ASSOCIATED WITH THE STATUS PROGRAM OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY AND WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. 

12. INDEMNIFICATION. EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND OTHERWISE HOLD HARMLESS JD FINISH LINE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES OR PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION OR DEMAND RESULTING FROM YOUR PARTICIPATION IN THE STATUS PROGRAM IN VIOLATION OF ANY LAW, RULE, REGULATION OR THESE TERMS AND CONDITIONS. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY WHERE ANY SUCH THIRD PARTY CLAIM, ACTION OR DEMAND RESULTED FROM ANY OF THE RELEASED PARTIES’ OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT.

13. UNAFFECTED RIGHTS. NOTHING IN THESE TERMS AND CONDITIONS SEEKS TO EXCLUDE OR LIMIT ANY RIGHTS AVAILABLE UNDER APPLICABLE LAW WHICH CANNOT BE EXCLUDED OR LIMITED. THIS MEANS THAT THESE TERMS AND CONDITIONS WILL NOT CHANGE ANY RIGHTS WHICH THE LAW GRANTS TO YOU WHICH THAT LAW DOES NOT ALLOW US TO CHANGE OR LIMIT. NOTHING IN THESE TERMS AND CONDITIONS OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR MORE CULPABLE CONDUCT OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

14. GOVERNING LAW AND DISPUTES. Except as otherwise provided herein, these Terms and Conditions, and any dispute arising out of the STATUS program shall be governed by and construed in accordance with the laws of the State of Indiana, United States, notwithstanding any conflicts of law principles, and any action relating to any dispute arising out of the Status program, your access and/or use of the Status program or these Terms and Conditions (other than an action subject to mandatory arbitration under Section 15) must be filed and maintained in a state or federal court located in Marion County, State of Indiana, United States, and you consent to exclusive jurisdiction and venue in such courts for such purpose.

15. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; WAIVER OF CLASS ACTION. Notwithstanding anything to the contrary in these Terms, this Section 15 (the “Arbitration Agreement”) shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

a. Informal Dispute Resolution. In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (each a “Dispute”), the party asserting the Dispute (as between you and JD Finish Line) will first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) (a “Dispute Notice”). A Dispute Notice must describe the facts and circumstances (including any relevant documentation) of the Dispute. The party sending the Dispute Notice must allow the receiving party thirty (30) days in which to respond to or settle the Dispute. A Dispute Notice shall be sent to (as the case may be): (i) JD Finish Line at The Finish Line, Inc. (d/b/a Finish Line and JD Sports), 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235, Attn: General Counsel, or (ii) you at your last-used billing address or the billing and/or shipping address in your user account (if you choose to create such an account). Each of JD Finish Line and you agree that this dispute resolution procedure and good faith negotiations is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

b. Arbitration; Small Claims Court Claims Exception. To the extent a Dispute subject to the informal dispute resolution procedure described above cannot be resolved, the Dispute shall be resolved through binding individual arbitration. You and we agree to give up our rights to go to court to assert or defend our rights under these Terms and with respect to any Dispute. You and JD Finish Line expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. 

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator 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 the provisions of these Terms as a court would. If either party files a court proceeding in violation of this provision (other than an individual claim in small claims court or a claim to enjoin infringement of intellectual property rights), he/she/it agrees to be responsible to pay any costs and expenses, including reasonable attorneys’ fees, that are incurred by the other party in enforcing these dispute resolution provisions. 

You may begin an arbitration proceeding by sending a letter requesting arbitration to JD Finish Line at The Finish Line, Inc. (d/b/a Finish Line and JD Sports), 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235, Attn: General Counsel. JD Finish Line may begin an arbitration proceeding by sending a letter requesting arbitration to you at your last-used billing address or the billing and/or shipping address in your user account (if you choose to create such an account). 

You and we agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement, and that there will only be one arbitrator, not a panel. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. JD Finish Line will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. JD Finish Line waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award JD Finish Line the reimbursement of its costs and arbitration fees against you and/or your counsel. 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. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures. 

All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. 

In lieu of arbitration, either you or JD Finish Line may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 

Notwithstanding this Arbitration Agreement, you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 14 shall govern any claim in court arising out of or related to the Agreement.

c. Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. YOU AND JD FINISH LINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR ITS RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND JD FINISH LINE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. If a court decides that applicable law precludes enforcement of any of this Section 15’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

d. 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 15 by sending written notice of your decision to opt-out to the following address via certified mail: JD Finish Line at The Finish Line, Inc. (d/b/a Finish Line and JD Sports), 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235, Attn: General Counsel. The notice must be sent within thirty (30) days of your first use of the Site after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, JD Finish Line also will not be bound by them.

16. General Provisions.

a. All Rights Not Granted. These Terms and Conditions include only narrow, limited grants of right to participate in the STATUS program as described herein. No right or license may be construed, under any legal theory, by implication, industry custom or otherwise. All rights not expressly granted to you herein are reserved by JD Finish Line for itself and, as the case may be, for our parents, subsidiaries, affiliates and our respective partners, licensors and service providers.

b. Waiver and Severability. A waiver by JD Finish Line of any term or condition set out by these Terms and Conditions shall be effective only if in writing signed by a duly authorized representative of JD Finish Line. No waiver by JD Finish Line of any term or condition set out by these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of JD Finish Line to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be limited to the minimum extent and such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

c. JD Finish Line Remedies. JD Finish Line reserves the right to pursue any legal or equitable remedy available in the event of your violation of these Terms and Conditions, including but not limited to direct, consequential and punitive damages and injunctive relief. JD Finish Line’s remedies are cumulative and not exclusive.

d. Entire Agreement. These Terms and Conditions, and the additional terms referenced and incorporated into these Terms and Conditions, constitute the sole and entire agreement between you and JD Finish Line regarding your participation in the STATUS program as described herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the STATUS program. The interpretation and application of these Terms and Conditions are at the sole discretion and determination of JD Finish Line.

17. Privacy. The personal information collected from you in connection with STATUS, including but not limited to your claim(s) of STATUS benefits, will be used and disclosed by us in accordance with our JD Finish Line Privacy Policy.

18. Contact Us. If you have any questions about STATUS, please contact the Finish Line Customer Care Team or the JD Sports Customer Care Team.