FAITH APPAREL & CO.
Terms and Conditions for Participation
United States of America (US)
Last Updated: September 2, 2025
NOTICE REGARDING DISPUTE RESOLUTION
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US WILL BE RESOLVED. SPECIFICALLY, SECTION 12 BELOW CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTIONS WHICH (A) REQUIRES US BOTH TO ARBITRATE MOST DISPUTES INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND (B) REQUIRES THAT ALL SUCH CLAIMS BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, NOT AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
1. Participation in Faith Apparel & Co. XP and Scope of Application
1.1
Faith Apparel & Co. (together with its US affiliates and subsidiaries, “Faith Apparel & Co.” or “we” or “us”) operates the Customer Loyalty Program Faith Apparel & Co. XP (hereinafter also referred to as “Faith Apparel & Co. XP” or “Customer Loyalty Program”) in the United States.
By participating in the Customer Loyalty Program, you agree and accept the following Faith Apparel & Co. XP Terms and Conditions (“Faith Apparel & Co. XP Terms and Conditions”) and the Faith Apparel & Co. Privacy Policy (“Privacy Policy”). Please read them carefully.
1.2
These Terms and Conditions are subject to and incorporated by reference into the Faith Apparel & Co. Terms and Conditions (“Faith Apparel & Co. Terms and Conditions”).
If there is any conflict between the Faith Apparel & Co. Terms and Conditions and these Faith Apparel & Co. XP Terms and Conditions, these Faith Apparel & Co. XP Terms and Conditions will control for all issues related to the Customer Loyalty Program, whereas the Faith Apparel & Co. Terms and Conditions will control in regard to all other issues.
1.3
The Customer Loyalty Program is a free rewards or loyalty program offered by Faith Apparel & Co. to its customers located in the United States and is valid only for Faith Apparel & Co.'s owned and operated free-standing stores in the United States and the Faith Apparel & Co. website.
Membership in the Program (“Membership”) is limited to individuals only and is limited to one account per individual. You must be a legal resident of the United States to be eligible for Membership and at least 18 years old (“age eligibility”) and will be referred to as a “Member”.
Faith Apparel & Co. employees and members of their household are not eligible for membership.
1.4
This Customer Loyalty Program is for the United States only. Affiliates of Faith Apparel & Co. in other countries may operate similar loyalty programs.
While Faith Apparel & Co. reserves the right to honor certain promotions from time to time (cross promotions), Membership in the Program does not confer any rights or benefits in the program of any other Faith Apparel & Co. affiliate or similar program.
2. Electronic Communication with Faith Apparel & Co. XP
2.1
Faith Apparel & Co. provides all Customer Loyalty Program services, offers, and content (generally “Benefits”) exclusively on the basis of these Faith Apparel & Co. XP Terms and Conditions and solely in participating full-price retail stores (“Full Price”) and participating outlet (“Outlet”) locations located in the United States of America and fully owned and operated by Faith Apparel & Co. (Full Price and Outlets collectively, “Retail Stores”) and on the Faith Apparel & Co. website, including any mobile app version (“APP”) or versions adjusted for mobile devices as well as associated services.
Participation is limited to Retail Stores and the Website.
Benefits are not all available at every Retail Store and may not be available with certain types of purchases, including but not limited to Outlet locations, third-party retail locations, department stores, and third-party websites. Some Benefits are not available for Website sales.
2.2
When you use or participate in the Customer Loyalty Program, or send e-mails, text messages, and other communications from your desktop, APP or mobile device to us, you may be communicating with us electronically.
To the extent permitted under the law, you agree and consent to receive communications from Faith Apparel & Co. by telephone or electronically, such as e-mails, text messages, WhatsApp, mobile push notices, notices, or other messages from our Website or through other Faith Apparel & Co. systems, including marketing information about our products and promotional offers, even if your telephone number is on a corporate, state, or federal Do Not Call Registry.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You do not need to agree to these communications to purchase any products or services from us.
If you do not wish to receive these communications, you can unsubscribe at any time through your Customer Loyalty Program account. Please also see the Privacy Policy for other unsubscribe methods.
Please note that unsubscribing from promotional communications, for example, e-mail communications, will not affect any transactional emails we send to you.
You acknowledge and agree that you are solely responsible for providing your accurate contact information, including your mobile device number and email address.
You verify that you are the current subscriber or owner of any telephone number that you provide.
Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect.
We are not responsible for user errors and omissions.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information, your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state, or local law, regulation or ordinance.
2.3
You may register for Faith Apparel & Co. XP in select Retail Stores by completing and signing the digital application form.
Alternatively, you may register for Faith Apparel & Co. XP online through the Faith Apparel & Co. Website or mobile APP.
3. Earning Points, Returns, Point Deductions, Membership Levels, Point Expiration and Requalification
3.1 Earning Points
As a Customer Loyalty Program member, you will earn points on the pretax value of eligible Faith Apparel & Co. merchandise (“Level Points”) purchased on our APP, Website and in participating Retail Stores (“eligible purchase(s)”).
Gift Card purchases, redemptions, returns, refunds, credit adjustments, unauthorized or fraudulent charges, shipping, alterations or any other charges that are not for merchandise, charges that violate these Faith Apparel & Co. XP Terms and Conditions, or the Faith Apparel & Co. Terms and Conditions are not eligible to receive Level Points.
Level Points are used to determine your membership level and, unless specifically stated otherwise when earned, cannot be redeemed for discounts or other benefits.
Unless otherwise stated, for every eligible purchase you will earn 1 Level Point for USD $1 spent.
From time to time, we may offer the opportunity to earn bonus points. Promotional materials may identify additional qualifying events, exclusions, and restrictions.
3.2 Returns
Level Points will not be credited to your Faith Apparel & Co. XP account until approximately 5 business days after the return period for the eligible purchase expires.
Return periods may differ based on the product purchased and where such item was purchased.
Faith Apparel & Co. has the right to deduct Level Points from your balance for returns, cancellations or charges that were not or do not remain eligible purchases.
If the return period has expired and we accept a return, or if we have credited points to your account before the return period expires, we reserve the right to deduct all related points from your account.
When you return or cancel an eligible purchase, the earned Level Points from the original eligible purchase will be deducted from your balance for that returned or cancelled item.
3.3 Point Expiration
Unless otherwise stated, Level Points will expire 365 days after they are credited to your Customer Loyalty Program account.
3.4 Membership Levels
Faith Apparel & Co. XP has four separate levels. You can “level up” by earning Level Points. The higher the level, the more Faith Apparel & Co. XP benefits are available.
Level 1: 0–750 Level Points
Registration is sufficient to qualify for Level 1. No purchase is required.
Level 2: 751–2,500 Level Points earned in a calendar year.
Level 3: 2,501–7,500 Level Points earned in a calendar year.
Level 4: More than 7,500 Level Points earned in a calendar year.
You can level up by accumulating the applicable number of Level Points in a calendar year.
If level upgrades are achieved by acquiring Level Points through qualifying purchases, we reserve the right to delay level upgrades until approximately 5 business days after the return period for the purchased products has expired.
3.5 Requalification
You must meet the requalification requirements at the end of each calendar year to remain at your current level.
If not, you will be downgraded based on the number of Level Points earned in that calendar year.
For example, if a purchase is made in December 2026 and there is a 30-day return period, Level Points will count in the 2027 calendar year, not the 2026 calendar year.
If, in our sole discretion, we credit the Level Points when purchased or honor an extended return policy, then we reserve the right to deduct Level Points if eligible merchandise is returned.
The first requalification will be assessed based on Level Points earned in calendar year 2026. Downgrades will occur in January 2027.
We also reserve the right to downgrade you if, after the January downgrade, a return is made from a prior-year purchase.
3.6 Points Disputes
If you believe that Level Points were earned and have not timely posted to your account, you may dispute your Level Points balance (“Points Dispute”) by contacting Faith Apparel & Co. Customer Service.
We will use reasonable efforts to investigate all Points Disputes within 7 days of the posting date.
We may require you to provide written confirmation of the Points Dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt as determined by us in our sole discretion.
4. Benefits
As a Faith Apparel & Co. XP participant, you will have access to exclusive services and offers from Faith Apparel & Co., subject to availability.
These Benefits are not redeemable for cash and may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you.
All taxes applicable to Benefits provided to you under this Agreement will be your responsibility.
Faith Apparel & Co. makes no warranty in any respect as to any Benefit, including its availability.
4.1 Exclusive Product and Early Access to Product
Faith Apparel & Co. XP participants may have access to member-only products.
Member-only products may mean products solely available to Faith Apparel & Co. XP members or an early-access window where certain products may be available to Faith Apparel & Co. XP members first.
Available to Levels 1, 2, 3 & 4.
4.2 Early Access to Sale Merchandise
Except where prohibited by state law, Faith Apparel & Co. XP participants may have extended sale periods or early access to sale products.
Available to Levels 1, 2, 3 & 4.
4.3 Receipt Lookup
Under our return policy, returns must be accompanied by a receipt.
For purchases made in Retail Stores, Faith Apparel & Co. XP offers receipt lookup. If the purchase was tied to your Faith Apparel & Co. XP account, we will look up the transaction and, if we locate the transaction, we will accept your return as though it was accompanied by a receipt.
Although we will endeavor to find your receipt, we are not responsible for not being able to locate your receipt and are under no obligation to accept your return unless we find your receipt.
This benefit does not extend the return period.
Receipt lookup will be unavailable if you request account deletion.
Available to Levels 1, 2, 3 & 4.
4.4 Access to Tokens and Prime Tokens
Faith Apparel & Co. XP participants may earn tokens for completing certain tasks or making certain purchases.
Earning qualifications will vary by token and will be disclosed in each applicable token's terms and conditions.
Not all tokens can be earned at every level. Some tokens may be exclusive to certain levels (“prime tokens”).
Tokens can only be viewed through the Faith Apparel & Co. APP.
Tokens cannot be viewed online unless otherwise made available by Faith Apparel & Co.
Available to Levels 1, 2, 3 & 4.
4.5 Birthday Reward
For Faith Apparel & Co. XP customers who provide a date of birth upon initial registration and consent to e-mail marketing communications, a birthday gift may be offered.
Birthday gifts and terms are subject to change without notice but may include a one-time discount on or around the customer's birthday.
The one-time discount may vary by level.
The e-mail communications channel must be enabled to receive this benefit.
Available to Levels 1, 2, 3 & 4.
4.6 Personal Styling / Shopping
Faith Apparel & Co. XP participants may utilize our personal shopping and styling service in Retail Stores, where available.
This service may include individual shopping advice provided by personal sales advisors, exclusive personal shopping appointments in Retail Stores, and the ability to ship online orders to participating Retail Stores.
We may also offer personalized advice based on information stored in our customer database if you have elected to provide us with the requisite information.
Available to Levels 1, 2, 3 & 4.
4.7 Anniversary Gift
For Faith Apparel & Co. XP customers who reach their first year in Faith Apparel & Co. XP and consent to e-mail marketing communications, an anniversary gift may be offered.
The anniversary gift and terms are subject to change without notice and may include a one-time discount on or around the customer's Faith Apparel & Co. XP anniversary.
The e-mail communications channel must be enabled to receive this benefit.
Available to Levels 1, 2, 3 & 4.
4.9 VIP Hospitality
Beverage service and snacks may be provided on an as-available basis at select Retail Locations.
Available to Levels 2, 3 & 4.
4.10 Free Ground / Standard Shipping
Faith Apparel & Co. XP customers may be entitled to free ground or standard shipping for eligible in-store purchases of $99 or more on a pre-tax basis.
Not available in outlet locations.
Subject to carrier time limits and terms and conditions.
Available to Level 2.
4.11 Free Express Shipping
Faith Apparel & Co. XP customers may be entitled to free express shipping for eligible in-store purchases of $99 or more on a pre-tax basis.
Not available in outlet locations.
Subject to carrier time limits and terms and conditions.
Available to Level 3.
4.12 Free Overnight Shipping
Faith Apparel & Co. XP customers may be entitled to free overnight shipping for eligible in-store purchases of $99 or more on a pre-tax basis.
Not available in outlet locations.
Subject to carrier time limits and terms and conditions.
Available to Level 4.
4.13 Alterations
Based on your level, Faith Apparel & Co. XP participants may be entitled to at least one standard alteration per full-price item purchased on our Website or in participating Full Price stores.
Standard alterations may include:
1. A hem on non-finished trousers.
2. Sleeve hems on suit jackets, shirts and sport coats.
3. Limited waist adjustments based on available seam fabric.
4. Limited seat adjustments based on available seam fabric.
5. Limited jacket center-seam adjustments based on available seam fabric.
Level 2 members are entitled to one Standard Alteration per full-price item.
Level 3 members are entitled to two Standard Alterations per full-price item.
Level 4 members are entitled to unlimited Standard Alterations, defined as up to five, per full-price item.
Altered products cannot be returned or exchanged.
Outlet products are excluded.
Alterations are only available in select Full Price stores.
Standard Alterations must be redeemed within 60 days of the original full-price purchase.
Additional fees may apply for alterations beyond the member's qualifying level or for alterations requiring additional work.
Faith Apparel & Co. does not alter products from other brands or Faith Apparel & Co. products purchased from other retailers.
Price adjustments are not available for altered products.
Available to Levels 2, 3 & 4.
4.14 Select Event Invitations
Based on information stored in our customer database, we may invite you to special store events or other events such as fashion shows, celebrity and influencer events, private shopping events or other Faith Apparel & Co.-sponsored events.
Available to Levels 3 & 4.
4.15 Priority Customer Service
A dedicated customer service number may be available for select member levels.
Hours are subject to change without notice.
Available to Levels 3 & 4.
4.16 Exclusive Member Shopping Hours by Appointment
Faith Apparel & Co. XP members may contact a participating Retail Store directly and schedule an appointment during business hours.
Appointments must be scheduled in advance and are subject to availability.
Available to Level 4 members only.
4.17 Global Concierge Service
Select Faith Apparel & Co. XP members may receive limited access to a concierge service.
The benefit is limited to access to the service and does not include the cost of member services requested.
This benefit may be subject to third-party terms and conditions and a third-party privacy policy.
Available to Level 4 members only.
4.18 House Account
Faith Apparel & Co. XP members may utilize the house account function, which allows members to store merchandise credits or credits received for returns, birthday or anniversary gifts, other promotions, or earned token rewards for use toward future in-store purchases only.
There are no cash refunds for house accounts unless the house account falls below $10.00 (“refund amount”), or if a higher refund amount is required under applicable state law.
In such case, the House Account shall be cashed out to the customer upon request, unless applicable state law requires automatic cash-out.
House accounts may also be used to store limited-time discounts, such as new-season launch discounts or other special offers.
Such limited-time discounts or special offers may be subject to additional terms and expiration dates.
Available to Levels 1, 2, 3 & 4.
5. Use of Tokens
5.1
Faith Apparel & Co. XP participants will have the ability to earn tokens and/or rewards based on their level and other criteria.
Terms and conditions for tokens vary and will be provided with each token earning opportunity.
Tokens are viewable to active Faith Apparel & Co. XP members only and are not transferable, have no cash value, cannot be traded and are not portable.
Tokens will be removed from your Faith Apparel & Co. XP account if your account is deleted, or if you withdraw from or are otherwise removed from the program.
6. Notice of Termination and Termination
6.1
You may terminate your participation in Faith Apparel & Co. XP at any time by logging in and deleting your account through the Faith Apparel & Co. Website or submitting a deletion request in accordance with our Privacy Policy.
Faith Apparel & Co. may terminate your participation in all or a portion of the program at any time.
7. Changes to Benefits and Terms and Conditions
7.1
Faith Apparel & Co. reserves the right to change the scope or details of the Faith Apparel & Co. XP program or discontinue the Faith Apparel & Co. XP program entirely, including by charging a fee in the future for services currently offered at no charge.
7.2
Faith Apparel & Co. reserves the right to change or modify any of the terms and conditions contained in these Faith Apparel & Co. XP Terms and Conditions from time to time and at any time, without notice, and in its sole discretion.
If Faith Apparel & Co. decides to change these Faith Apparel & Co. XP Terms and Conditions, Faith Apparel & Co. will post a new version on the Website and update the date set forth above.
Notwithstanding the foregoing, if Faith Apparel & Co. makes a material change to the Customer Loyalty Program or these Faith Apparel & Co. XP Terms and Conditions, Faith Apparel & Co. will notify you in advance of such changes going into effect.
ANY CHANGES OR MODIFICATIONS TO THESE FAITH APPAREL & CO. XP TERMS AND CONDITIONS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS.
Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Faith Apparel & Co. XP Terms and Conditions incorporating such changes.
YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE FAITH APPAREL & CO. XP TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR PARTICIPATION.
8. Customer Service
For enquiries about Faith Apparel & Co. XP, please contact:
Email: [INSERT FAITH APPAREL & CO. CUSTOMER SERVICE EMAIL]
Phone: [INSERT FAITH APPAREL & CO. CUSTOMER SERVICE PHONE NUMBER]
9. Release
By participating in the Customer Loyalty Program, you agree to release Faith Apparel & Co., its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective attorneys, accountants, directors, officers, employees, and agents (collectively, “Released Parties”) from any and all claims and liability for any loss, harm, damages, cost or expense, including, without limitation, intellectual property infringement, property damages, personal injury and/or death, arising out of or in any way connected to:
(a) the Customer Loyalty Program, Benefits or any products or services purchased or accessed therefrom;
(b) any termination of, change in, or suspension of the Customer Loyalty Program;
(c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control in connection with the Customer Loyalty Program;
(d) any taxes that you incur as a result of receiving or redeeming Level Points; or
(e) technical problems or malfunctions arising in connection with occurrences that may affect the operation of the Customer Loyalty Program and/or Website.
10. Indemnification
You agree to indemnify, defend and hold Released Parties harmless from and against any and all third-party claims and liability for any loss, harm, damages, cost or expense arising from, or related to, any breach by you of any of these Faith Apparel & Co. XP Terms and Conditions or any violation by you of applicable law in connection with these Faith Apparel & Co. XP Terms and Conditions.
11. DISCLAIMER AND LIMITATION OF LIABILITY
THE FAITH APPAREL & CO. XP PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAITH APPAREL & CO. DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAITH APPAREL & CO. WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT, INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAITH APPAREL & CO.'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE FAITH APPAREL & CO. XP TERMS AND CONDITIONS AND THE CUSTOMER LOYALTY PROGRAM, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED $100.
12. Dispute Resolution: Binding Individual Arbitration; Waiver of Class Actions; Waiver of Jury Trial
PLEASE READ THIS SECTION (“DISPUTE RESOLUTION”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH US AND AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
12.1 Scope of Dispute Resolution Process
This Dispute Resolution section is intended to be given the broadest interpretation and application to encompass all disputes, claims, controversies or differences between you and Faith Apparel & Co., except as excluded below (“Claims”).
You and we agree that all Claims arising out of or relating to these Terms and Conditions, the use of the Services, and your relationship with us that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein, and not in court.
Unless otherwise agreed to, all arbitration proceedings will be held in English.
This dispute resolution process applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.
12.2 Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief.
A Notice to us should be sent to:
Faith Apparel & Co. Legal Department
After the Notice is received, the parties may attempt to resolve the claim or dispute informally.
If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
12.3 Arbitration Rules
Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.
If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider.
The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms and Conditions.
The AAA Consumer Arbitration Rules and AAA Demand for Arbitration form for commencing arbitration are available through the American Arbitration Association.
The arbitration will be conducted by a single, neutral, impartial arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through non-appearance-based arbitration at the option of the party seeking relief.
For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
12.4 Additional Rules for Non-Appearance-Based Arbitration
If non-appearance-based arbitration is elected, the arbitration may be conducted by telephone, online and/or based solely on written submissions and documentary evidence.
The specific manner will be chosen by the party initiating the arbitration.
12.5 Time Limits
If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the applicable statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
12.6 Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties.
The dispute will not be consolidated with any other matters or joined with any other cases or parties.
The arbitrator will have the authority to award monetary damages and grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms and Conditions.
The award of the arbitrator is final and binding upon the parties.
12.7 Waiver of Jury Trial
The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury, instead electing that all Claims will be resolved by arbitration under this Dispute Resolution section.
12.8 Waiver of Class or Consolidated Actions
All Claims within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class-action or mass-action basis.
Claims of one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
12.9 Confidentiality
All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required by law.
12.10 Severability
If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed, and the remainder of this Dispute Resolution section will continue in full force and effect.
12.11 Right to Waive
Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted.
Such waiver will not waive or affect any other portion of this Dispute Resolution section as to the parties or to third parties.
12.12 Survival
This Dispute Resolution section will survive the termination of your relationship with Faith Apparel & Co.
12.13 Small Claims Court
Notwithstanding the foregoing, either party may bring an action in small claims court to the extent the dispute falls within the scope of such court’s jurisdiction.
12.14 Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration and/or to compel arbitration hereunder.
12.15 Claims Not Subject to Arbitration
For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the applicable state or federal courts with jurisdiction over the dispute.
12.16 Fees and Costs
In any arbitration under this Dispute Resolution section, each party will be responsible for paying any fees in accordance with applicable AAA rules, except where applicable law or the AAA Rules require Faith Apparel & Co. to pay or reimburse certain fees.
13. Entire Agreement; Severability; Conflicts; No Waiver
These Faith Apparel & Co. XP Terms and Conditions, together with the Faith Apparel & Co. Terms and Conditions, contain the entire agreement between you and us regarding the Customer Loyalty Program and supersede any previous terms and conditions governing the Customer Loyalty Program we may have provided to you.
The Customer Loyalty Program is not available where and to the extent prohibited by law.
If any part of these Faith Apparel & Co. XP Terms and Conditions conflicts with applicable law, that provision will be deemed severed from these Faith Apparel & Co. XP Terms and Conditions and the remainder of the Faith Apparel & Co. XP Terms and Conditions will remain in effect.
We will not lose our rights under these Faith Apparel & Co. XP Terms and Conditions because we delay or do not enforce them.
All waivers of any of these Faith Apparel & Co. XP Terms and Conditions by us must be in writing and executed by someone with authority to bind us.
FAITH APPAREL & CO.®
Believe. Hustle. Achieve.
Legal Notice: These Terms and Conditions are adapted from the supplied reference text for Faith Apparel & Co. They should be reviewed by a qualified attorney before being published or used as binding legal terms, particularly the arbitration, liability, privacy, rewards, tax, and consumer-protection provisions.