CARTER'S REWARDS™ TERMS AND CONDITIONS

FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT https://www.carters.com/loyaltyTerms-Conditions.html.

IMPORTANT NOTE:  THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.

General Information or Definitions

Please read these Carter’s RewardsTM Terms and Conditions (the “Terms”) carefully for important information about your rights and obligations in the Carter’s Rewards rewards program (“Carter’s Rewards” or “Rewards Program”). Carter’s Rewards is a loyalty program offered by The William Carter Company, OshKosh B’Gosh, Inc., and Skip Hop, Inc. (collectively, “Carter’s”). “We,” “our,” and “us” mean Carter’s. “Bank” means Comenity Capital Bank or its assignees. In these Terms, “Member,” “you” and “your” mean the Carter’s Rewards member.

These Terms apply to your access to and use of the Carter’s Rewards program and your opening of a Carter’s Credit Card, you acknowledge that you have read, understood, and agree to be bound by the Terms. You will receive a Carter’s Rewards Reward (“Reward”) when the Rewards Level (as defined below) is met. The Reward can be used at all participating locations, as described below. The Carter’s Rewards program, and all points and Rewards, are void where restricted or prohibited by law.

Carter’s Credit Card Applicants and Cardholders:

You must be a Carter’s Rewards Member in order to be a Carter’s Credit Cardholder. If you are not already a Carter’s Rewards Member, you will automatically be enrolled as a Member when you apply for and are approved for a Carter’s Credit Card. If you are already a Member, a new membership will not be created. These Terms are separate and independent from your Carter’s Credit Card Account Agreement (your “Credit Account Agreement”), which governs the use of your Carter’s Credit Card (“Credit Account” or “Carter’s Credit Card”). In the event of any conflict between these Terms and your Account Agreement, these Terms will control in any matter relating to the Rewards Program.

Eligibility

To participate in Carter’s Rewards, customers must be at least 18 years old. A customer may become a Member by enrolling at any Carter’s or OshKosh store or online at carters.com/my-account, oshkosh.com/my-account, or skiphop.com/my-account. To enroll, you must provide a valid email address and your first and last name. Enrollment is free, and no purchase is necessary. Customers who purchase items for resale and customers shipping orders outside of the United States ARE INELIGIBLE TO PARTICIPATE in the Carter’s Rewards program.

Communications

Members agree to receive loyalty-specific email messages with information about their accounts, as well as other promotional emails and marketing from Carter’s family of brands including but not limited to, Oshkosh B’Gosh, Little Planet and Skip Hop (“Carter’s Family of Brands”). To stop receiving promotional emails from Carter’s and/or OshKosh and/or Skip Hop, you may use the unsubscribe option in any such email, go to the My Rewards page or the Rewards Program’s My Account page to update your communication preferences. If you opt out from promotional and marketing communications, you will still receive a Welcome e-mail when you join the Carter’s Rewards program and email communication for Rewards issued to you under the Rewards Program. Any personal information provided to the Carter’s Rewards program will be governed by the privacy policy posted at https://www.carters.com/content/customerservice/privacy-policy/.

We may contact you about the Carter’s Rewards program by mail, phone, e-mail, text, mobile app,  or other methods permitted under applicable law. As needed, you agree to promptly update your contact information by calling 1-877-333-0117. We are not responsible for Rewards or communications lost or undelivered due to incorrect or changed email address or other contact information.

You can view your Carter’s Rewards program activity at www.carters.com/my-account. For customer service, call us at 1-877-333-0117.

Earning Currency Type

The Carter’s Rewards program allows you to earn Points (“Points”) on the dollars you spend as described below. Points can be earned on any Net Eligible Purchases at a Carter’s or OshKosh store in the United States or at carters.com, oshkosh.com or skiphop.com as long as they are shipped to an address in the United States.   For each $1 spent on Net Eligible Purchases while enrolled in the Carter’s Rewards program, a “Family” member will earn 1 point. For each $1 spent on Net Eligible Purchases while enrolled in the Carter’s Rewards program, a “VIP” member will earn 2 points. A member becomes a VIP member by spending $500 on Net Eligible Purchases in a calendar year. For each $1 spent on Net Eligible Purchases placed on their Carter’s Credit Card, a VIP+ member will also earn 2 points. All cardholders are VIP+ members. Points from Net Eligible Purchases made by Authorized users on a Credit Account will be applied to the Carter’s Rewards Account associated with the email address supplied at time of purchase and must match the email address associated with the Carter’s Credit Card. If an email address is not supplied at the time of purchase any points earned will be forfeited.   

The Carter’s Credit Card must be presented as the method of payment at the time of sale to receive the Carter’s Credit Card level of Points for any Net Eligible Purchases as defined below. The Carter’s Credit Card cardholder must be in Good Standing to earn Points using the Carter’s Credit Card. “Good Standing” means (1) your Credit Account is open to new charges and not over your credit limit, (2) your Credit Account is not more than 60 days past due or otherwise in default, (3) your Credit Account Card is not flagged as lost, stolen, or fraudulent according to the Bank’s records, (4) your Credit Account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your Credit Account.

Points are earned on the Net Eligible Purchase (“Net Eligible Purchase(s)”) amounts after applying all discounts, offers, coupons, and Reward redemptions, rounded down to the nearest dollar. Net Eligible Purchases do not include taxes, returns, refunds and non-merchandise items, such as shipping, gift wrap, and gift cards. For Carter’s Credit Cardholders, the term “Net Eligible Purchases” also excludes credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Credit Account Agreement, balance transfers, interest, fees or other Credit Account activity.

Points will appear in the Member’s account after a qualifying retail store purchase or shipment of an online transaction. For Buy Online, Ship to Store orders, points will be rewarded after in-store pick up. Members must provide the email address associated with their Carter’s Rewards account at the time of purchase to receive Points. Points earned for returned merchandise will be deducted from the Member’s account. Points cannot be sold or traded and are not transferable unless otherwise expressly stated. Unless otherwise specified, Points expire six (6) months after being earned. Points will remain available in your Points balance until they are redeemed for a Reward, are forfeited, or expire.

Bonus Points for Special Offers. From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases (“Bonus Points”). The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Your Net Eligible Purchase must be completed and the transaction charged to your Account during the special offer period in order for you to earn the applicable Bonus Points. For mail order, special order, online, and other purchases, please be aware that we may not charge your Account until items purchased have shipped. During special offer periods, making a return in the same transaction as a new purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).

Other Benefits. From time to time, Carter may offer other benefits as a part of the Program.

Points Disputes. If you believe Points were earned that have not timely posted to your Points balance, you may dispute your Points balance (“Points Dispute”) by immediately calling 1-877-333-0117 or writing to Carter’s at online@carters.com. We will use reasonable efforts to investigate your Points Dispute if you notify us within 90 days of the posting date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase and all Points allocations are final. We may require you to provide written confirmation of the disputed Points balance and the applicable purchase receipt. We may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Please note that the dispute rights with respect to your Credit Account under the Credit Account Agreement do not apply to these Terms or to your rights and remedies under these Terms, which are solely set forth in these Terms. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.

Other Limitations

We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other credit account. Points earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to Carter’s.

Rewards

When you earn enough Points you will be eligible for a Reward. Rewards are redeemable for a specified dollar amount off qualifying purchases on carters.com, oshkosh.com, shoplittleplanet.com or skiphop.com and store purchases. The current Reward Level is 100 Points (100 Points = $5 Reward) in any 6-month Period. (a “Reward Level”). Once you’ve earned a Reward, your Points balance will be reduced by the number of Points used to obtain the Reward(s). Except as provided below, we will send a Reward to your Carter’s Rewards primary email address after you achieve a Reward Level. You can also find the Reward in your account. To change the primary email address for your Account, please contact Carter’s by calling 1-877-333-0117. Unless a shorter period is specified on the Reward, all Rewards will expire 45 days from the date of issuance.

Once a Member earns 100 points in any 6-month period, a $5 Reward will be automatically issued, and an email notification of the Reward will be sent to the primary email address registered with the Member’s account. The Member is responsible for keeping the account contact information current and updated. No responsibility is assumed for incorrect addresses or failure of email to be received. If you do not want to receive emails notifying you of new Rewards you have earned, you will need to end your participation in the Program. Please see Rewards certificate for expiration date. Rewards can only be used for purchase of merchandise items and will be deducted from the transaction total before any other coupons or promotional offers are applied. Rewards cannot be used on non-merchandise items, such as shipping, gift wrap, and gift cards and are not valid on previous purchases. The value of the Reward is prorated over each of the items purchased. Rewards cannot be sold or traded and are not transferable unless otherwise expressly stated. Rewards have no cash value. Each Reward must be used in a single transaction and any residual amount left on that Reward will be forfeited. Any Customer who returns merchandise acquired with a Reward will not receive a new Reward or a cash refund for the Reward value.

To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.

Cancellation

If there is no activity on a Member’s rewards program account for two (2) years, the account will be cancelled. Carter’s also can cancel any Member’s account immediately if the Member has breached these Terms, has failed to follow Rewards Program policies and procedures, has sold or traded Points or Rewards, has used multiple Carter’s Rewards accounts, or has otherwise engaged in inappropriate conduct, as determined by Carter’s in its sole discretion and without notice. If a Member’s Carter’s Rewards account is cancelled for any of these reasons, then that Member will be ineligible to enroll or participate in the Carter’s Rewards program in the future and will immediately forfeit all Points and Rewards. Carter’s reserves the right to take legal action to recover any damages, attorneys’ fees, or court costs from such Member.

Carter’s reserves the right to interpret and apply these Terms in its sole discretion, subject to applicable law. All interpretations by Carter’s are final. By participating in the Carter’s Rewards program, each Member hereby releases Carter’s from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to his/her participation in the Carter’s Rewards program, use of Rewards, or agreement to these Terms.

You may cancel your participation in the Carter’s Rewards program at any time by calling us at 1-877-333-0117. If you cancel your participation in the Carter’s Rewards program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Canceling your participation in the Carter’s Rewards program will not cancel your Credit Account.

Updates and Changes

These Terms, as well as any Carter’s Rewards program elements, may be amended, updated, changed, or terminated at any time at the discretion of Carter’s. If we make a material change to the Terms, we will notify you, such as by posting a notice at https://www.carters.com/loyaltyTerms-Conditions.html, sending a message via email to Members via the email address they have registered with the Carter’s Rewards program, or by any other reasonable means in our sole discretion. Any changes to the Terms are effective upon their posting at https://www.carters.com/loyaltyTerms-Conditions.html.

Limited Liability. To the fullest extent permitted by law and the Bank’s agreements with you, neither Carter’s nor the Bank, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Carter’s Rewards program; (b) any claim relating to products purchased using any Rewards obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Rewards.

Notwithstanding The Foregoing, Any Liability That We Or The Bank May Have To You In Connection With The Carter’s Rewards Program Shall Be Limited To The Amount Of Any Points You Have Earned In Accordance With These Terms. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND THE BANK 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 REWARDS 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.

No Warranties. The Bank Does Not: (A) Endorse Rewards Or Products Or Services Purchased At Carter’s Using Rewards; (B) Make Any Express Or Implied Warranty Regarding Rewards Or Products Or Services Purchased At Carter’s; (C) Guarantee The Performance Of Rewards Or Products Or Services Purchased On Carter’s; Or (D) Offer, Operate Or Control Rewards Offered Through This Program. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CARTER’S REWARDS PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARTER’S AND THE BANK DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE REWARDS PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE).

Taxes. You are solely liable for any applicable taxes arising out of the accrual or use of Points or Rewards. Consult your tax advisor concerning such tax consequences.

Arbitration Agreement and Waiver of Certain Rights – Legal Disputes

Informal Dispute Resolution. We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at The William Carter Company, 3438 Peachtree Road NE, Suite 1800, Atlanta, GA 30326, Attention: Legal Department of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration Agreement & Waiver of Certain Rights. You and we agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Carter’s or you and a third-party agent of Carter’s (a “Claim”) through binding and final arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms.  The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies or as specifically permitted by state law.

The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at The William Carter Company, 3438 Peachtree Road NE, Suite 1800, Atlanta, GA 30326, Attention: Legal Department. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.

Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure Section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Carter’s from seeking action by federal, state, or local government agencies.  You and Carter’s also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court.  Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph.

In addition, you and Carter’s retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Carter’s may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Carter’s individual Claims. If for any reason a claim proceeds in court rather than in arbitration you and Carter’s each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR CARTER’S WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against Carter’s at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Carter’s. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Carter’s will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Carter’s. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Carter’s will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding "Mass Arbitration Process Requirements" from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Carter’s. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Other provisions

To the extent any action relating to the use of the Site or any transaction with Carter’s is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, such action must be brought in the state or federal courts located in Fulton County, Georgia. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Except as otherwise described in these Terms, these Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

For questions about these Terms, you can contact us by postal mail, telephone or email as follows: Carter’s Consumer Affairs, 3438 Peachtree Road NE, Suite 1800; Atlanta, GA 30326; 888-782-9548; contactus@carters.com.

Effective Date: 4/2/2024