Effective Date:
BH Shoe Holdings, Inc., along with our affiliated brands Align Shoe, B.Ø.C., Børn Shoes, Carolina Shoe, Chippewa Boots, Comfortiva, Corcoran Footwear, Dexter Bowling, Double-H Boots, EuroSoft Footwear, Justin Boots, Kork-Ease, Korks, Matterhorn Footwear, Nocona Boots, Nurse Mates, Shoeline.com, Söfft Shoe, Super Shoes, and Tony Lama. (collectively, “BH Shoe Holdings, Inc.”), respects your concerns about privacy. These SMS Terms & Conditions (“SMS Terms”) explain how we use SMS communications to enhance your experience and provide important information. By providing your mobile number, you consent to receive recurring SMS messages from BH Shoe Holdings, Inc. as outlined in these SMS Terms.
Please be aware that by consenting to receive sms messages from BH Shoe Holdings, INC. you agree that any dispute by either of us arising from or related to your participation in the BH Shoe Holdings, INC. SMS texting program and/or receipt of SMS messages shall be resolved by binding and final arbitration or in small claims court. You also agree to a class action and jury trial waiver. Please read this agreement carefully.
We use SMS messaging to keep you informed about your account, provide updates on your orders, deliver promotional offers, and send important alerts. SMS communication is intended to enhance your experience with our websites by ensuring you receive timely and relevant information.
By providing your mobile number, you consent to receive SMS messages from BH Shoe Holdings, Inc. This consent is not a condition of purchase. You can opt out of receiving SMS messages at any time by following the instructions provided in each message or by contacting our customer support.
We may send messages related to order confirmations, shipping updates, promotional offers, account alerts, and customer support.
The number of SMS messages you receive will vary based on your interactions with BH Shoe Holdings, Inc. websites.
In addition, we use your information to deliver, analyze, maintain, and support the SMS Service. We may also use your information to enhance the SMS Service features and customize and personalize your experiences on the SMS Service. Our Site uses cookies to help keep track of items you put into your shopping cart, including when you abandoned your cart, and this information is used to determine when to send cart reminder messages via SMS.
You can opt out of receiving SMS messages at any time by replying "STOP" to any SMS message you receive from us. Alternatively, you can contact our customer support at [email protected] or 855-642-7797 to be removed from our SMS list. We will honor your opt-out within a reasonable time, after which you will no longer receive SMS messages unless you re-subscribe.
We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. We require these vendors to maintain the confidentiality of any information we provide and to use it only in accordance with our Privacy Policy.
In certain circumstances, we may disclose your contact information if we believe it is necessary to identify, contact, or take legal action against individuals or entities causing harm to you, BH Shoe Holdings, Inc. Brands, or others. We may also disclose your contact information if required by law or legal process.
For information about our privacy practices, please see our Privacy Notice.
BH Shoe Holdings, Inc. does not charge for SMS messages, but standard message and data rates may apply from your mobile carrier. Please check with your carrier for details on your plan and any potential charges.
It Is Important That You Read This Section Carefully.
This Arbitration Agreement (the “Agreement”) shall be governed by and construed in accordance with the Federal Arbitration Act and applicable federal laws.
Any dispute or claim by either of us relating in any way to your participation in any SMS or text message program offered by BH Shoe Holdings, Inc. or your receipt of any SMS, text, or telephone communications from BH Shoe Holdings, Inc., including claims and disputes that arose between us before the effective date of this Agreement, shall be resolved by binding arbitration, rather than in court, except that either of us may assert claims in small claims court if the claims qualify, so long as the action remains in small claims court and is not removed or appealed to a court of general jurisdiction.
You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this Agreement. 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 terms of this Agreement as a court would.
Pre-Arbitration Notice and Informal Dispute Resolution. Before beginning an arbitration proceeding, the party initiating a dispute must send a notice to the other party that describes the dispute. The notice must include the claimant’s name, address, telephone number, sufficient information to identify any communication at issue, and a detailed description of (i) the dispute, (2) the nature and basis of the claims, and (iii) the nature and basis of the relief sought with a calculation for it. The notice must be personally signed by the party initiating the dispute (and counsel if represented). For claims against BH Shoe Holdings, Inc. you must send the notice by mail to our registered agent, BH Shoe Holdings, Inc. c/o Privacy Manager, Nate Hinds c/o Vision Retailing,
100 Brickstone Square, Ste. 502,
Andover, MA 01810. If BH Shoe Holdings, Inc. has a dispute with you, notice will be sent to the address or email address associated with your account or, if you do not have an account with us, to the address or email address you provided in connection with your transaction (if applicable) or your publicly available address or email address. After a fully completed notice is received, you and BH Shoe Holdings, Inc. agree to negotiate in good faith, including through an informal and individualized telephone conference if the party receiving the notice makes such a request. If such a request is made, you and a representative of BH Shoe Holdings, Inc. must personally participate in the telephone conference (if the parties are represented by counsel, counsel may also participate). Absent an agreed extension, the parties shall work in good faith to schedule the informal telephonic dispute resolution conference within sixty (60) days of such notice, or within a reasonable amount of time to accommodate the requested conference, whichever is later. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this informal dispute resolution process. Completion of this informal dispute resolution process is required before either party initiates a claim in arbitration. If the sufficiency of a notice or compliance with this mandatory informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction, and during such court proceeding any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. If the arbitration is already pending prior to the completion of the notice and informal dispute resolution procedure, the arbitration shall be administratively closed. Nothing in this section limits the right of a party to seek damages or other relief in arbitration for noncompliance with this mandatory informal dispute resolution process.
Arbitration Procedures. If the parties cannot resolve a dispute through the informal dispute resolution process, either party may initiate arbitration by sending a demand to the other party that includes a statement of the legal claim being asserted and the factual basis for the claims, a description of the remedy being sought and an accurate, good-faith calculation of the amount in controversy. The party initiating arbitration must include in the demand a personally signed certification of compliance with the informal dispute resolution process.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules and Mediation Procedures and the AAA’s Supplementary Procedures for Consumer Related disputes and/or AAA’s Mass Arbitration Supplementary Rules, if applicable, as modified by this Agreement. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. BH Shoe Holdings, Inc. will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims or counterclaims were filed for purposes of harassment or are frivolous. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference unless the parties agree otherwise. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county or city where you live or work or such other location agreed upon by both parties. If AAA is not available to administer the arbitration consistent with this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
Additional Procedures for Mass Arbitration. You and BH Shoe Holdings, Inc. agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar disputes (including yours) are asserted against BH Shoe Holdings, Inc. by the same or coordinated counsel (“Mass Arbitration”), you understand and agree that the resolution of your dispute might be delayed and may ultimately proceed in court. You and BH Shoe Holdings, Inc. agree that as part of these Mass Arbitration procedures, your counsel and counsel for BH Shoe Holdings, Inc. shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.
If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your dispute from the time that your dispute is submitted to the AAA until your dispute is selected to proceed as part of a staged process described below or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
Stage One: If at least 100 disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for BH Shoe Holdings, Inc. shall each select 50 disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining disputes (as informed by the adjudications of cases in Stage One), and BH Shoe Holdings, Inc. shall pay the mediator’s fee.
Stage Two: If the remaining disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for BH Shoe Holdings, Inc. shall each select 100 disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of disputes to be selected to proceed as part of this second staged process can be increased or decreased by agreement of counsel for the parties (and if there are fewer than 200 disputes, all shall proceed individually in Stage Two). Unless the parties agree, no more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining disputes (as informed by the adjudications of cases in Stages One and Two), and BH Shoe Holdings, Inc. shall pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, as to each remaining dispute (if any) that is not settled or not withdrawn, You and BH Shoe Holdings, Inc. may separately or by agreement, elect to opt out of arbitration and elect to have your claim heard in court consistent with the remainder of this Agreement and these Terms. You may opt out of arbitration by sending BH Shoe Holdings, Inc. your individual, personally signed notice of your intention to opt out by certified mail addressed to: Privacy Manager, Nate Hinds c/o Vision Retailing,
100 Brickstone Square, Ste. 502,
Andover, MA 01810. Such an opt out notice must include a statement, personally signed by you and not by your agent, attorney, or anyone else purporting to act on your behalf, that you wish to opt out of arbitration and must be sent by you within 30 days after the conclusion of the mediation set forth in Stage Two. BH Shoe Holdings, Inc. may elect to opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
Each remaining dispute after Stage Two that neither you nor BH Shoe Holdings has elected to opt out shall proceed in individual arbitrations consistent with the process set forth in Stage Two (except disputes shall be randomly selected and mediation shall be elective by agreement of counsel) until all claims are adjudicated through individual arbitration or through another mutually-agreeable process, settled, or opted out.
A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your dispute and are not enforceable, then your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this arbitration agreement, including the enforceability, revocability, scope, or validity of the arbitration agreement or any portion of it, except for the following: (1) all disputes arising out of or relating to the paragraph entitled “Class Action Waiver,” including any claim that that same paragraph is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) disputes about which version of this Arbitration Agreement applies may be decided by a court of competent jurisdiction and not by an arbitrator; and (4) disputes about the enforceability of the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees shall be decided by a court of competent jurisdiction and not by an arbitrator.
Time Limit for Claims. You agree that any dispute that you have with BH Shoe Holdings, Inc. subject to this arbitration agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred, and that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Future Changes to Arbitration Agreement. If we make any future material changes to this Arbitration Agreement (other than a change to our contact information), you may reject any such change by sending a personally signed, written notice to the following address within 30 days of such change becoming effective with a clear statement describing the changes to the Arbitration Agreement that you wish to opt out: The BH Shoe Holdings, Inc. Privacy Manager, Nate Hinds c/o Vision Retailing,
100 Brickstone Square, Ste. 502,
Andover, MA 01810. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you agree that you will arbitrate any dispute between you and BH Shoe Holdings, Inc. in accordance with this version of the Arbitration Agreement.
Class Action Waiver. We each agree that any proceeding, whether in arbitration or litigation, will be conducted only on an individual basis and not on a class, representative, or collective basis, and any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. Notwithstanding the foregoing, the parties agree that a duly appointed Process Arbitrator shall have authority to determine certain disputed issues related to a Mass Arbitration as set forth in AAA’s Supplementary Rules for Mass Arbitration.
Notwithstanding anything to the contrary in this Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in court, after all other claims and requests for relief are arbitrated.
Jury Trial Waiver. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
If any part of these SMS Terms, including anything regarding the arbitration agreement or the arbitration process, is ruled invalid, that part may be severed from these SMS Terms and the rest enforced.
We may update these SMS Terms from time to time. Any changes will be posted on this page, and we will notify you via SMS or email of any significant changes. Your continued use of our services after any changes constitutes your acceptance of the new terms.
If you have any questions or concerns about this SMS Notice, please contact us at:
BH Shoe Holdings, Inc.
c/o Vision Retailing
100 Brickstone Square
Ste. 502
Andover, MA 01810
Attn: Privacy Manager, Nate Hinds
