Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

In this Section, the term "related third parties" includes your and Issuer’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Issuer’s, and these entities' respective employees and agents.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement, the previous version(s) of this Agreement or your use of the Cards, including disputes involving related third parties, regardless of the date of accrual of such dispute, including but not limited to the arbitrability of any dispute and the interpretation, enforceability, validity and/or the scope of this arbitration agreement, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.

You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and Issuer agree that the arbitrator may award monetary, declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

You and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.

This agreement to arbitrate is intended to be broadly interpreted. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against related third parties.

The parties acknowledge that this Agreement evidences a transaction in interstate commerce. Notwithstanding the substantive law applicable to any arbitration, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement. If it is decided that applicable law precludes enforcement of any of this arbitration agreement’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court. In addition, notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.

You and Issuer agree that if Issuer makes any amendment to this Arbitration Agreement in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Issuer (and any related third parties) prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between you and Issuer (or related third parties).

Nothing herein shall be construed as consent by Issuer to the jurisdiction of any court with regard to claims unrelated to the use of the Cards, previous versions of this Agreement, or this Agreement.

ARBITRATION PROCEDURES

The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, c/o Corporation Service Company at 80 State Street, Albany, NY 12207-2543.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone or videographically to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).

Judgment on the award may be entered in any court of competent jurisdiction.

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H&M GIFT CARD, MERCHANDISE CARD & PROMOTIONAL CARD TERMS AND CONDITIONS

1. About Your Card

2. Not for Resale

3. Balance Inquiry

4. Validity

5. Returns

6. Expiration/Deactivation

7. Redemption

8. Reloads

9. No Refunds

10. Transfers

11. Lost, Damaged or Stolen Card; Cards Used Without Authorization

12. Mandatory Binding Individual Arbitration

13. Limitation of Liability

14. Governing Law

15. Severance

16. Changes to Agreement

17. Fraud