Terms & Conditions — Effective May 22, 2023
If you are a Kohl's® Cardholder or Kohl’s Rewards® Visa Cardholder, you authorize Capital One, N.A. and Kohl's, Inc. and its affiliates (“Kohl's,” “us,” “we,” or “our”), to exchange information about your account(s) and you, so that you can receive the benefits of the Kohl’s Rewards program, and so that Kohl's can inform you of additional information, offers and opportunities.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW (SECTION XI). PLEASE REVIEW CAREFULLY.
I. KOHL’S REWARDS. The Kohl’s Rewards Program (“Program”) is a rewards program offered by Kohl’s in the United States. These Member Agreement Terms & Conditions, as well as all additional policies, terms, and conditions referenced and incorporated throughout, all of which may be amended from time to time (collectively, these “Terms”), contain information about the Program and apply to you if: (1) you were enrolled in Kohl’s Yes2You Rewards program or any pilot version of the Kohl’s Rewards Program (collectively, the “Prior Program”) on or before September 8, 2020; (2) you enrolled in the Program in store, on Kohls.com, or in the Kohl’s App; or (3) you have otherwise been enrolled in the Program (for example, as a Kohl’s Cardholder (defined below)).
II. GENERAL. By enrolling in, or otherwise participating in, the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by these Terms. Kohl’s reserves the right to modify these Terms, without further notice or compensation to you, and you waive any right to receive specific individual notice of such modifications. Any updates to these Terms will be effective immediately upon posting at Kohls.com/KohlsRewardsTerms, and your continued membership in the Program constitutes your acceptance of such modifications. These Terms constitute a legally binding agreement between Kohl’s and each Member in the Program. Accordingly, you expressly represent and warrant that you are eligible for the Program (as described below) and will otherwise comply with these Terms. If you do not agree to all of these Terms now or at any point in the future and wish to be removed from the Program and/or you become ineligible for the Program (please see Section III below), please contact Kohl’s Rewards Customer Service at 1-844-564-5704 to un-enroll. The Program is separate from, and not affiliated with, the Kohl’s Card or Kohl’s Rewards® Visa program.
III. ELIGIBILITY. The Program is only open to individual U.S. residents (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) of at least 16 years of age. If you are between 16 and the age of majority, you represent and warrant that you have obtained permission from your parent or legal guardian to be a member of the Program, and you expressly acknowledge that you may not be eligible for all Program benefits. Program membership is available only to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities and Kohl’s may disqualify any such entity discovered to be in the Program, which may include forfeiture of your accumulated Kohl's Rewards Balance and any unused Kohl’s Cash. Because Kohl’s is a retailer and does not sell to individuals or dealers for the purpose of resale to others, resellers are also expressly excluded from the Program.
i. Eligible customers who enroll in the Program (“Member(s)” or “Kohl’s Reward Members”) will each be assigned a unique rewards identifier (“Kohl’s Rewards Identification Number”) which will be associated with such Member's membership account (“Kohl’s Rewards Account”).
ii. Each Member may have only one Kohl’s Rewards Account, which may be associated with only one phone number and one email address. Should Kohl’s determine, in its sole discretion, that a Member has created multiple Kohl’s Rewards Accounts, Kohl’s may consolidate, deactivate, close, and/or terminate a Member's Kohl’s Rewards Account(s) without notice.
iii. Your Kohl’s Rewards Account is nontransferable.
iv. No purchase is required to become a Member.
i. Enrollment Channels. Eligible customers may enroll in the Program through Kohl’s Rewards digital platform at Kohls.com/KohlsRewards, Kohl’s Rewards in-store enrollment, the Kohl’s Rewards page in the Kohl’s App, or through the Kohl’s Rewards portion of the Kohl’s Card or Kohl’s Rewards Visa application (either in store or online).
ii. Transition of Certain Persons into the Program. Customers enrolled in Kohl’s Yes2You Rewards program or the Prior Program were previously enrolled into the Program.
iii. Enrollment Process. At the time of enrollment, you may be requested and/or required to provide certain information, including without limitation, your first and last names, a valid phone number, email address, and date of birth, as well as a valid zip code corresponding to your U.S. residence mailing address. If you fail to provide valid/accurate information, Kohl’s reserves the right, in its sole determination and discretion, to terminate your participation in the Program (as set forth below).
iv. Linking Accounts. Members shall have the option to link their Kohl’s Rewards Account with their Kohls.com account through Kohl’s Rewards digital platform at Kohls.com/KohlsRewards. If Kohl’s determines in its reasonable discretion that a Member has both an existing Kohl’s Rewards Account and kohls.com account, then Kohl’s may link that Member's Kohl’s Rewards Account to that Member's existing kohls.com account with, or without, notice to the Member.
v. Kohl’s Rewards Identification Number. Upon enrollment into the Program, you will be issued a Kohl's Rewards Identification Number, which is available in the digital wallet feature on the Kohl’s App or when you access your Kohl’s Rewards Account on Kohls.com/KohlsRewards. If you were already enrolled in the Prior Program, your Kohl’s Rewards Identification Number will continue to be effective. If you already maintain a private label credit card account through the Kohl’s Card program (“Kohl’s Cardholder”), then under certain circumstances Kohl’s may link your Kohl’s Rewards Account to your Kohl’s Card account. If your Kohl’s Card or Kohl’s Rewards Visa account already has a Kohl’s Rewards Account linked to it, your Kohl’s Rewards Account may remain separate from your Kohl’s Card or Kohl’s Rewards Visa account.
V. KOHL’S CASH COUPON.
a. Kohl’s Rewards Every Day Earn. As a Member, you have the opportunity every day to earn Kohl’s rewards on all Qualifying Purchases (defined below) made in store or online (“Every Day Kohl’s Rewards”) as set forth below as long as you identify yourself as a Member (by logging into your linked Kohl’s Rewards Account on Kohls.com or the Kohl’s App prior to making a purchase via those channels; presenting or using your linked Kohl’s Card (for those Kohl’s Cardholders enrolled in the Program) or Kohl’s Rewards Visa (for those Kohl’s Rewards Visa Cardholders enrolled in the Program) online or in store; or providing your phone number or email address that is associated with your Kohl’s Rewards Account or Kohl’s Rewards Identification Number at in-store checkout).
i. Qualifying Purchases. Qualifying purchases are calculated after all coupons and/or discounts are applied, before shipping, fees, or tax is imposed, and do not include the purchase of gift cards at Kohl’s (“Qualifying Purchase(s)”). If merchandise from a Qualifying Purchase that earns Kohl’s rewards is returned or price adjusted, the value of the earned Kohl’s rewards and/ or Kohl’s Cash will be reduced to reflect any unearned value.
ii. Kohl’s Rewards Members Earn Rate. Members will earn Kohl’s rewards at a rate of 5% of Qualifying Purchases every day.
iii. Kohl’s Rewards Cardholder Earn Rate. Members who are also Kohl’s Cardholders will earn Kohl’s rewards at a rate of 7.5% of Qualifying Purchases every day when made with their Kohl’s Card linked to the Kohl’s Cardholders' Kohl’s Rewards Account (“Kohl’s Rewards Cardholder Earn Rate”). If a Qualifying Purchase is made using a form of tender other than a linked Kohl’s Card, then Kohl’s rewards will be earned at a rate of 5% of the transaction subtotal for Qualifying Purchases (as set forth above). Split tender transactions that include Qualifying Purchase(s) will receive the Kohl’s Rewards Cardholder Earn Rate only on the portion of the transaction attributed to the Qualifying Purchase made with a linked Kohl’s Card, with the earn rate of the remaining portion of the transaction (if any) subject to these Terms.
iv. Kohl’s Rewards Visa Cardholders Earn Rate. For Kohl’s Rewards Visa Cardholders, Qualifying Purchases will include purchases made outside of Kohl’s. By using the Kohl’s Rewards Visa, you will earn 3% in Kohl’s rewards on purchases at gas stations, 2% in Kohl’s rewards on purchases made at grocery stores and 1% in Kohl’s rewards on all other purchases everywhere Visa is accepted. Gas station merchants include merchants whose primary line of business is the sale of automotive gasoline that can be purchased inside the service station or at the automated fuel pump. Purchases made at grocery stores associated with discount stores or super stores, including warehouse clubs (e.g., Costco or Walmart), and convenience stores will earn 1% in Kohl’s rewards.
- Kohl’s uses merchant category codes to determine whether your purchase is within a certain category which earns additional Kohl’s rewards. Merchants determine the merchant category code used to identify transactions, which could impact the amount of Kohl’s rewards you earn. Kohl’s is not responsible for merchant category codes used by merchants.
- Purchases made through third-party payment accounts, mobile or wireless card readers, mobile or digital wallets or similar technology may not receive a higher (or any) percentage reward, depending on how the technology is set up to process the transaction.
- Cash advances and balance transfers, and account access checks are not considered purchases and will not earn Kohl’s rewards.
v. Kohl’s Cash Coupons Issued or Balance Carry-Forward. When your Kohl’s rewards balance is equal to or exceeds $5 as of the last day of the month, then a digital Kohl’s Cash coupon will be activated and issued in $5 increments on or about the first day of the following month (“Kohl’s Cash”). Each Kohl’s Cash coupon shall expire 30 days after issuance and may be redeemed only prior to its expiration. Any remaining Kohl’s rewards balance that does not meet the $5 activation threshold (after the Kohl’s Cash coupon has been issued) will carry forward and will be saved in your digital “Kohl’s Rewards Balance” and stored for subsequent redemption opportunities. You can review your Kohl’s Rewards Balance by logging into your Kohl’s Rewards Account on Kohls.com or within your digital wallet in the Kohl’s App. If your Kohl’s Rewards Balance is less than $5 for more than 12 months, then it will automatically expire.
vi. Kohl’s Rewards Accrual. Your Kohl’s Rewards Account may require up to 60 days to reflect the accrual of all Kohl’s rewards activity, including, without limitation, the Kohl’s Rewards Cardholder and the Kohl’s Rewards Visa Cardholder earn rates set forth above.
b. Event Kohl’s Cash. From time to time, Kohl’s will have Kohl’s Cash promotional events (“Earn Events”) during which all Kohl’s customers, including Members and non-Members, are eligible to earn $10 in Kohl’s Cash for every $50 spent on Qualifying Purchases at a Kohl’s store or online, in a single transaction during the stated Earn Event window (“Event Kohl’s Cash”). Event Kohl’s Cash will be earned in addition to the Every Day Kohl’s Rewards that Members earn on Qualifying Purchases. Each time an Event Kohl’s Cash coupon is issued, the value of the coupon will only reflect Event Kohl’s Cash.
c. Kohl’s Cash Redemption. All issued Kohl’s Cash coupons can be redeemed at a Kohl’s store or online only during its stated redemption window. The redemption window for Kohl’s Cash coupons will be 30 days from issuance of the Kohl’s Cash coupon. The redemption window for your Kohl’s Cash and other coupon details, exclusions, and terms may be found online or as set forth on the Kohl’s Cash coupon. All issued Kohl’s Cash that is unused during its stated redemption window will expire after the applicable redemption window. Kohl’s Cash® coupons and other dollar-off discounts will be applied prior to percent-off total purchase discounts/coupons. Kohl’s Cash® may not be redeemed (1) to purchase Sephora at Kohl’s merchandise; (2) to purchase Kohl’s Cares® cause merchandise or other charitable items; (3) to purchase gift cards; (4) as price adjustments on prior purchases; (5) to reduce a Kohl’s Card, Kohl’s Rewards Visa, or any third-party charge account balance; or (6) to pay for any services or fees, including taxes and shipping. If merchandise purchased earning a Kohl’s Cash® coupon is subsequently returned or price adjusted, the value of the Kohl’s Cash® previously earned and/or the amount of the merchandise refund will be reduced to reflect any unearned value. Return value of merchandise purchased with a Kohl’s Cash® coupon may be subject to adjustment. Kohl’s Cash coupons are not legal tender and are nontransferable. Kohl’s Cash coupon terms are set forth on the coupon and are subject to change at any time.
VI. OTHER PROGRAM FEATURES & BENEFITS.
a. Offers. Members will receive offers throughout a 12-month period. Offers may include, but are not limited to, percent-off and dollar-off coupons. The number and type of offers may vary depending upon whether you are a Kohl’s Cardholder or Kohl’s Rewards Visa Cardholder and your status as a Kohl’s Cardholder or Kohl’s Rewards Visa Cardholder, and the offers may be personalized based upon your shopping behavior, preferences and interactions with Kohl’s. Offers will include additional details, exclusions and terms.
b. Limited Time Promotions. Kohl’s may, in its sole discretion, run special limited time promotions available only to Members, Kohl’s Cardholders, Kohl’s Rewards Visa Cardholders, and/or select members within these groups.
c. Other Benefits. Kohl’s may, in its sole discretion, provide additional Program features and benefits to Members, Kohl’s Cardholders and/or Kohl’s Rewards Visa Cardholders, whether made available for a limited time or on a consistent basis.
VII. KOHL’S REWARDS ACCOUNT ACCESS & MEMBER COMMUNICATIONS. You may access or view your Kohl’s Rewards Account, membership activity, and Kohl’s Cash balance, as well as the most current Program information and these Terms, at Kohls.com/KohlsRewards and/or through your Kohl’s App. When you visit our Kohl’s stores, our associates can look-up your Kohl’s Rewards Account information if you provide your phone number or email address associated with your Kohl’s Rewards Account, Kohl’s Rewards Identification Number, or present your Kohl’s Card that is linked to your Kohl’s Rewards Account. By enrolling or otherwise participating in the Program, you agree to receive transactional emails and promotional email offer updates from Kohl’s, including, without limitation, emails relating to the Program and/or other Kohl’s promotions, offers, and/or programs. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from Kohl’s e-mails, you may no longer receive those Program benefits which are distributed by email. For information about your membership in the Program, contact Kohl’s Rewards Customer Service at 1-844-564-5704.
VIII. PROGRAM MODIFICATION AND TERMINATION. The Program, its benefits, and the interpretation/application of its Terms are offered at the sole discretion of Kohl’s. Kohl’s reserves the right to modify the Program and any of these Terms, features or benefits at any time with or without notice to you (including without limitation, the rate at which Kohl’s Cash coupons can be earned). The Program has no predetermined termination date and may continue until such time as Kohl’s elects, in its sole discretion, to terminate the Program. In addition, Kohl’s reserves the right, in its sole discretion, to extend additional benefits or promotional offers to certain Members based on use of a Kohl’s Card or Kohl’s Rewards Visa, purchase activity or volumes and Program participation. Kohl’s reserves the right to add, remove, modify or otherwise change promotional opportunities at any time, in its sole discretion, with or without notice to Members.
IX. KOHL’S REWARDS ACCOUNT CLOSURE. Kohl’s may, in its sole discretion, terminate, close, and/or deactivate any Kohl’s Rewards Account(s) that it deems, in its sole discretion, is inactive. Inactive Kohl’s Rewards Accounts may include, without limitation, any Kohl’s Rewards Account(s) that have not been used to purchase merchandise at a Kohl’s store within the preceding 12 consecutive months. Members who independently desire to close their Kohl’s Rewards Account may do so by calling Kohl’s Rewards Customer Service at 1-844-564-5704. Members who close their Kohl’s Rewards Account will forfeit all accumulated Kohl’s Rewards Balance, subject to applicable law, and any unused Kohl’s Cash will expire after the applicable redemption window.
If these Terms or any other Kohl’s terms and conditions for any of its programs, offerings, or product purchases are violated or abused, as determined in Kohl’s sole discretion, Kohl’s reserves the right, without prior notice, to: (a) reject an order or otherwise limit the quantity of items purchased per person, per household or per order; (b) terminate, close, and/or deactivate any Kohl’s Rewards Account or any other Kohl’s-affiliated program or accounts; (c) deactivate or invalidate any accumulated Kohl’s Cash, Kohl’s rewards, and/or discount coupons or codes, including within an associated Kohl’s online account or Kohl’s digital wallet; and (d) prohibit further purchases, participation in, and access to any Kohl’s platforms, sites or programs. In the event of any such termination, closure, and/or deactivation, Kohl’s reserves the right to invalidate improperly awarded or issued Kohl’s Cash and/or to close a Kohl’s Rewards Account altogether, without notice. If your Kohl’s Rewards Account is terminated, closed, consolidated, and/or deactivated by you or Kohl’s, your accumulated Kohl’s Rewards Balance and unused Kohl’s Cash balance may be deactivated and/or invalidated.
X. ADDITIONAL TERMS.
a. License. Subject to these Terms, Kohl’s hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to these Terms, to access, participate in and use the Program services. You agree that you obtain no rights other than the rights and licenses expressly granted herein.
d. California Notice of Financial Incentive. Under California law, the Program may be considered a financial incentive. You can review our Notice of Financial Incentive here.
e. Kohl’s Employees. Kohl’s employees may be restricted from participating in certain features of the Program pursuant to applicable Kohl’s policies, as determined by Kohl’s in its sole discretion.
f. Trademarks. “Kohl’s” as well as related product and service names, design marks and slogans, are registered trademarks of KIN, Inc.
XI. ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER; JURISDICTION AND VENUE.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.
THIS SECTION ALSO ADDRESSES THAT YOU AND KOHL’S ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Most customer concerns can be resolved by calling Customer Service at 1-855-564-5105. In the event Customer Service is unable to resolve a complaint to your satisfaction, this Section XI explains how any Dispute (as defined below) will be resolved.
For purposes of this Section XI, the terms “Kohl’s,” “our,” “we,” or “us” include Kohl’s, Inc., its parent Kohl’s Corporation, as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to Kohl’s or its present or future affiliates or subsidiaries.
a. Arbitration Agreement. YOU AND KOHL’S AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION BASIS). ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.
You and Kohl’s agree that these Terms affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration. For purposes of this Arbitration Agreement, “Dispute” shall include, but is not limited to, any claims or controversies between you and Kohl’s that are related to the Program, including, but not limited to, your use of the Site, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and Kohl’s, whether occurring on the Site, in-store, or otherwise, even if the Dispute arises after the termination of your relationship with Kohl’s. “Dispute” also includes, without limitation, claims that: (a) you bring against Kohl’s; (b) Kohl’s brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Kohl’s, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms or out of a prior agreement with Kohl’s (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of the Program or these Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below. “Dispute” also does not include any dispute arising under the terms and conditions controlling your Kohl's Card or Kohl's Rewards Visa, or related to your Kohl's Card account or Kohl's Rewards Visa account. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of Section XI; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.
i. Mandatory Pre-Arbitration Informal Dispute Resolution. You and Kohl’s agree to engage cooperatively to try to resolve any Dispute informally prior to you or Kohl’s initiating an arbitration proceeding. You or Kohl’s must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the Dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a Kohl’s representative (and our attorney if we are represented by legal counsel).
Your notice to Kohl’s must be sent to Kohl’s, Legal Department, N56 W17000 Ridgewood Drive, Menomonee Falls, Wisconsin 53051. Our notice to you must be sent to the most recent contact information that you have provided to us.
For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Kohl’s representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.
Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court 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 or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
ii. Arbitration Rules and Procedures; Individualized Relief; Fees. To begin an arbitration proceeding, you must send an arbitration demand to National Arbitration and Mediation (“NAM”) with a copy to Kohl’s Registered Agent/Legal Department, located at: Kohl’s Legal Department, N56 W17000 Ridgewood Drive, Menomonee Falls, Wisconsin 53051, or we must send an arbitration demand to NAM with a copy sent to you at the most current address we have on file.
The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a Kohl’s representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
The arbitration will be administered by NAM under its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”), as modified by this Arbitration Agreement. The NAM Rules and fee information are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement. Payment of all arbitration fees will be governed by the NAM Rules as modified by this Arbitration Agreement. Kohl’s will consider a request to reimburse the consumer filing fee upon a demonstration of hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with NAM regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing. You and Kohl’s reserve the right to request a hearing in any matter from the arbitrator. You and Kohl’s agree that you and a Kohl’s representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location.
The arbitration will be conducted by a single arbitrator who will apply these Terms as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator shall issue a reasoned written award. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and Kohl’s. An award that has been satisfied may not be entered in court.
UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND KOHL’S AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.
iii. Additional Procedures for Mass Filings. You and Kohl’s agree that these procedures (in addition to all others provided in Section XI) shall also apply if you choose to participate in a “Mass Filing” (defined below).
If 25 or more similar Disputes (including yours) are asserted against Kohl’s by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of Mass Filing set forth in the NAM Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.
If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to NAM until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section XI.
STAGE ONE: Assuming there are at least 100 Disputes submitted as part of the Mass Filing, your counsel and our counsel shall each select 50 Disputes (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 50 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process 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 in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this 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 until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Kohl’s 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 Kohl’s 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, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 100 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this 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 is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Kohl’s shall again pay the mediator’s fee.
Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings section of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.
The Additional Procedures for Mass Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is 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.
iv. Opt-out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: Kohl’s, Legal Department, N56 W17000 Ridgewood Drive, Menomonee Falls, Wisconsin 53051, postmarked within 60 days of the first time you agreed to terms with Kohl’s that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with these Terms. By opting out of arbitration, all other provisions in these Terms, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.
v. Severability and Survival. Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Mass Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of the Program and these Terms.
vi. Future Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: Kohl’s, Legal Department, N56 W17000 Ridgewood Drive, Menomonee Falls, Wisconsin 53051, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Kohl’s in accordance with this version of the Arbitration Agreement.
b. Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND KOHL’S WAIVE THE RIGHT TO A JURY TRIAL. YOU AND KOHL’S ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
c. Jurisdiction and Venue. Unless you and Kohl’s agree otherwise, to the fullest extent permitted by law, the state and federal courts that encompass Waukesha County, Wisconsin, shall have exclusive jurisdiction over any disputes (except for claims brought in small claims court) that are not subject to arbitration, that are opted out of arbitration pursuant to this Section XI, or over any action that seeks to enforce or challenge the enforceability of the Arbitration Agreement or any provision of the Arbitration Agreement or these Terms. You and Kohl’s consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts because of (a) inconvenient forum; or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.