Terms and Conditions for the J.Crew Passport Membership Program
Last Updated: September 26, 2024
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY..
For information about how Company collects, uses, shares, and otherwise processes information about Members, please see our Privacy Policy. If you are a resident of California, see our Notice of Financial Incentives.
MEMBERSHIP
The J.Crew Passport customer loyalty program (“the Program”) is offered by J.Crew Group, LLC. (“Company” or “Us”) to customers making purchases at J.Crew or J.Crew Factory (collectively “J.Crew Stores”) and their online sales channels (including J.Crew Stores websites and mobile applications, collectively “J.Crew Websites”). Company will extend certain perks and privileges as described in more detail below, and additional offers that may be extended from time to time. These terms and conditions (hereinafter “Terms and Conditions”) form the agreement (the “Agreement”) between you (“Member” or “you”) and Company with respect to the Program. When accessing the Program or the J.Crew Websites, you are also subject to the applicable J.Crew Website Terms of Use. To the extent there are conflicts between this Agreement and the Terms of Use, this Agreement will control.
These Terms and Conditions are separate and independent from the J.Crew Credit Card Account Agreement (the “Account Agreement”), which governs the use of the J.Crew Credit Card and J.Crew Mastercard (each, a “J.Crew Card”). In the event of any conflict between these Terms and Conditions and the Account Agreement, these Terms and Conditions will control in any matter relating to the Program.
MEMBERS’ ACCEPTANCE OF TERMS
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.
COMPANY’S RIGHT TO CHANGE/CANCEL PROGRAM AND/OR TERMS
Company may, at its discretion, alter, limit or modify the Program structure or any other feature of the Program, including but not limited to the tiers, Rewards (defined below) or other benefits under the Program; how Points (defined below), Rewards or other benefits are earned, calculated or redeemed; or the expiration date of Points or Rewards. Company reserves the right to change or modify these Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. Company will post any additional Program details and updates to Program (including these Terms and Conditions) here and then update the “Last Updated” date above. Company may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.
MEMBERSHIP ELIGIBILITY
Program is open to U.S. residents at least 18 years of age within the United States, District of Columbia, and U.S. territories. It is free to join as a Member (no initial purchase is required to do so). Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its discretion.
MEMBERSHIP ENROLLMENT
Individuals can enroll by creating an account in a J.Crew Store or at jcrew.com or jcrewfactory.com. Member must provide complete and accurate enrollment information. Participating in the Program will constitute agreement to these Terms and Conditions. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Company may choose to offer sign-up incentives and enrollment promotions from time to time. Member may advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting My Details in the J.Crew Website and updating their Member account.
To apply for a J.Crew Card, one must first register for the Program or already have an existing Member account. Members with a J.Crew Card can later opt out of the Program, but will not receive rewards points on Eligible Purchases or Program benefits after opting out.
PROGRAM COMMUNICATIONS
Unless Member has opted out of receiving marketing communications, Company may (at its option) communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers and more. Company may also use these channels to communicate Member tier status, notify Member when they are eligible for a benefit or Reward (defined below), communicate Program changes and more at Company’s discretion. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
EARNING POINTS
Members will receive rewards points (“Points”) on their Member account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. Additional terms, requirements and details for earning Points follow. Points may sometimes be referred to as % back as it relates to points and rewards.
Eligible Purchases: Purchases of merchandise and/or services (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made (a) at any J.Crew Stores in the United States, online at a J.Crew Website and shipping to the U.S., U.S. territories, and U.S. P.O. Boxes; or (b) outside of J.Crew Stores or Websites (only if purchase is made with J.Crew Mastercard, subject to conditions below) (“Eligible Purchases”) count toward Member’s Point accrual. Eligible Purchases must be made while linked to Member’s J.Crew account. Only Eligible Purchases made at J.Crew Stores or Websites count toward Member’s tier status.
As of the “Last Updated” date specified above, Members will earn Points as follows:
In all instances, number of points is subject to change; check back here for details. Use of your J.Crew Mastercard outside of J.Crew Stores or J.Crew Websites does not count toward Member’s tier status.
Use of gift cards and Rewards will not result in Points.
Eligible Purchases Using a J.Crew Card:
Members using their J.Crew Card will receive two or three Points (depending on tier at time of purchase) for each one dollar ($1 USD) of Eligible Purchases at J.Crew Stores or Websites so long as you are logged into your Member account and your J.Crew Card account is open for new purchases. J.Crew Card purchases are also subject to the J.Crew Card terms and conditions.
When you use your J.Crew Mastercard that is linked to an active J.Crew Passport account outside of J.Crew Stores or Websites, you will receive Points for purchases made where Mastercard is accepted, Gas Purchases, and Grocery Purchases subject to the following:
Gas Purchases: When you use your J.Crew Mastercard for Eligible Purchases of gasoline, you will earn 1 Point based on your Member tier at time of purchase, rounded to the next whole dollar. “Eligible Purchases of gasoline” include purchases made at service stations or automated fuel dispensers. Fuel stations located at or that are part of warehouse clubs and certain supercenters and supermarkets are excluded.
Grocery Purchases: When you use your J.Crew Mastercard for Eligible Purchases of groceries at grocery stores, you will earn 1 Point based on your Member tier, rounded to the next whole dollar. “Eligible Purchases of groceries” include purchases made at grocery stores and supermarkets.
To determine if an Eligible Purchase of gas or groceries is made, Synchrony Bank will use the Merchant’s MCC code where the purchase is made to determine the category of purchase and whether it qualifies for 0.5 or 1 Point. An MCC Code is a four-digit classification code as defined by Mastercard International Incorporated that is assigned to a merchant by the merchant’s payment card network or merchant processor based on the predominant business activity of the merchant. For example, the café of a gas station may have an MCC Code as a type of merchant other than a gas station and therefore would not qualify as a gas purchase under these Terms. Neither Company nor Synchrony Bank assigns or has responsibility for the assignment of MCC Codes or evaluates what MCC Codes should be assigned to a particular merchant. Synchrony Bank reserves the right to determine from time to time which MCC Codes qualify for particular category Points. Neither Company nor Synchrony Bank is responsible for awarding Points for Eligible Purchases of gas or groceries at merchants who do not accurately report transactions using the MCC Codes described above.
Exclusions from Eligible Purchases: Points will not be awarded on unauthorized or fraudulent purchases. The amount of a purchase made with gift cards, Rewards, and/or free benefits under the Program as method of payment will not be applied to Member Point accrual or tier earnings. Points will not be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Additional items may be excluded from Point, tier, and Rewards accumulation at the sole discretion of Company.
Email Address: A current, valid email address is required for a Member to be able to participate and receive Points in connection with the Program.
Identification at Transaction: Members must identify themselves with their applicable Member account email address to receive credit and/or perks and privileges for Eligible Purchases made at participating J.Crew Stores and Websites. Specifically, Member must provide the email address associated with his/her Membership to the cashier at a participating Store or sign into their online account before checkout for online transactions on a Website in order to receive spend credit and/or benefits.
Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Member’s account 30-45 days after (i) in-store purchase, (ii) the jcrew.com or jcrewfactory.com or mobile application ship date, or (iii) transactions made with a Card are posted.
Promotional Offers: Other special programs and promotional offers for earning Points may be made by Company, its agents or third-party partners from time to time in Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer. From time to time, Members may also receive incentives for submitting product reviews, such as Points or promotional offers. Such offers will also be subject to the terms and conditions specified when submitting a review. Any incentives offered for reviews are in no way conditioned on the submission of positive reviews.
J.Crew Card Authorized Users: Points accrued by a Member who is an authorized user of a J.Crew Card will be applied to the individual Member’s account that is linked to the purchase.
Point Balance: Members may view their Point balance at any time by visiting their online Member account page.
RETURNS
Merchandise returns must be made in accordance with Company’s return policy available at J.Crew Returns & Exchanges or J.Crew Factory Returns & Exchanges. Returns made on a J.Crew Mastercard account must be made in accordance with the return policy applicable to such transaction. Upon the accepted return of an item, the spend amount and Points applied to Member account for the purchase will be deducted from that Member’s account as the Points are forfeited with the returned merchandise. For purchases made by redeeming Rewards, if the merchandise is returned, the Rewards will be forfeited.
TIER STATUS
Following initial tier placement, Program tier status is based on Member’s total spend on Eligible Purchases (which exclude gift card/Rewards) at our J.Crew Stores or Websites during the preceding calendar year, between January 1 and December 31. Following the conclusion of that qualifying calendar year, Member tier status will be valid for the next calendar benefit year after qualification. Annual tier assignments occur in January of each year. Members will be upgraded during the benefit year if their qualifying spend at our J.Crew Stores or Websites exceeds their tier threshold. Members should allow 30-45 days for purchases to process before Member is placed into a different loyalty tier.
Any member with a J.Crew Card that is open for new purchases will be automatically upgraded from the Green Access tier to Navy Access tier, regardless of the amount of total spend (no upgrades are given from Navy Access tier to Gold Access tier based on spend outside of our J.Crew Stores or Websites.
A summary of the tiers and benefits follows:
*Customer Spend Required (Calendar Year) only applies to Eligible Purchases made at J.Crew or J.Crew Factory Stores or Websites. Purchases made outside of J.Crew Stores or Websites do not count toward total Customer Spend Required for tier status.
PROGRAM BENEFITS AND DETAILS
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following will apply (provided the current advertised tier requirements are met):
Birthday Offer
Members must have a valid birthday on file with their registered Member account at least one week before birth month and be opted in to receive marketing communications. Account must not be in default. Offer will be received during the birthday month and is only valid during the birthday month. Additional terms and conditions may apply.
Free Standard Shipping
Free shipping valid at jcrew.com (and factory.jcrew.com when purchase is made using a J.Crew Card as tender) on orders shipping to the U.S., U.S. territories, and U.S. P.O. Boxes only. Members not using a J.Crew Card must be signed into their J.Crew Passport account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping will be automatically applied at checkout. See jcrew.com for full shipping details. Terms of offer are subject to change.
Free Expedited Shipping for Gold Access Tier Members
Free expedited shipping for Gold Access tier Members valid at jcrew.com com on orders shipping to the U.S., U.S. territories, and U.S. P.O. Boxes only. Members not using a J.Crew Card must be signed into their J.Crew Passport account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. For expedited shipping, select free expedited shipping option at checkout. See jcrew.com for full shipping details. Terms of offer are subject to change.
Bonus Points
Members with a J.Crew Credit Card will receive bonus Points on purchases of cashmere in our J.Crew Stores or Websites depending on tier (Navy tier Members will receive one incremental Point per dollar spent; Gold tier Members will receive two incremental Points per dollar spent). Bonus Points for purchases of cashmere are limited to cashmere sweaters and wraps. Purchases of cashmere accessories and/or cashmere blends are not eligible for bonus Points. Such bonus Points offers will also be subject to the terms and conditions specified in the promotional offer.
Free Monogramming Offer
Valid on full-price monogrammable J.Crew branded apparel and accessories purchased in J.Crew Stores, at jcrew.com, or by phone order. Offer cannot be redeemed for cash. Personalized items cannot be exchanged or returned. Valid in the U.S. only. Terms of offer are subject to change.
Free Standard Alteration
Valid on full-price merchandise purchased with a J.Crew Card in J.Crew Stores. Services limited to pant and skirt hemming and sleeve alterations. Offer not valid on leather, suede or beaded fabrics or on J.Crew Factory merchandise. Offer cannot be redeemed for cash. Tailored items cannot be returned or exchanged. Valid in the U.S. only. Terms of offer are subject to change.
Other Benefits
Members may receive early or exclusive access to J.Crew Store sales, offers, and products, and certain tiers may be eligible for invitations to special events at J.Crew Stores or Websites.
REDEEMING POINTS
Points will accumulate in your Member account toward rewards, the means by which will be described in these Terms and Conditions and/or related promotional offers. Earned Points are converted into promotional redemption rewards dollars (“Rewards”) as follows: 200 points = $5 in Rewards. Once 200 Points are earned, $5 in Rewards will be issued and 200 Points will automatically be deducted from your Member account. Members may redeem their Rewards when purchasing J.Crew Store items and/or services either (1) at a J.Crew Store by giving the Company associate your Member account email address and requesting redemption; (2) online at a J.Crew Website by selecting the Rewards box at checkout; or (3) via the Contact Center for phone orders. If Member elects to redeem their Rewards, the value of the Rewards will be deducted from the total price of the Member’s purchase of items from a J.Crew Store or J.Crew Website. The full value of the Rewards redeemed will be removed from your account even if the cart value is lower than the Rewards value. Points and Rewards will expire as set forth below.
Rewards are solely promotional and will not be paid out in cash or store credit. Company may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and redemption dollars.
Rewards may only be redeemed once. In the event of a return of merchandise purchased using a reward, the reward will be forfeited. Rewards may not be applied to the purchase of gift cards. To the extent allowed by applicable law, we may cancel any accumulated Points 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.
EXPIRATION OF POINTS
Points in a Member account that are not converted into Rewards will expire 365 days after issuance on a rolling basis. Points converted into Rewards (see “Redeeming Points” above) will be removed from member’s Points balance.
EXPIRATION OF REWARDS
Rewards will expire ninety (90) days after issuance.
RIGHT TO REVOKE
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that Company cancels your membership or terminates the Program for any reason, all Points, rewards or other benefits earned on your Member account will be forfeited.
OPT OUT
Your participation in the Program is voluntary and you may withdraw at any time by contacting us at help@jcrew.com or 1-800-562-0258. In the event that you opt-out of the Program, you will not be able to able to access your Points, Rewards or other benefits earned on your Member account. If you are a J.Crew Card holder and opt-out of the Program, you will not earn Points, Rewards, or other benefits when using your J.Crew Card.
NO TRANSFER
Program benefits or Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account. Program Points, rewards and/or benefits have no cash value, are not exchangeable for cash and may not be used as payment on your J.Crew Card account.
TAXES
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.
GOVERNING LAW
These Terms and Conditions, the relationship between you and the Company, and Company’s Program, shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES; NO CLASS ACTIONS
PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING ALL SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS. THIS SECTION LIMITS THE MANNER IN WHICH YOU AND J.CREW CAN SEEK RELIEF FROM EACH OTHER. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE CERTAIN CLAIMS ON AN INDIVIDUAL BASIS. NO CLASS ACTIONS, COLLECTIVE ACTIONS, CONSOLIDATED ACTIONS, REPRESENTATIVE ACTIONS, CLASS ARBITRATIONS, COLLECTIVE ARBITRATIONS, CONSOLIDATED ARBITRATIONS, OR REPRESENTATIVE ARBITRATIONS ARE ALLOWED UNDER THESE TERMS AND CONDITIONS. THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND J.CREW, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, EQUITYHOLDERS, REPRESENTATIVES, AGENTS, AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO:
The provisions of this Dispute Resolution section apply to you and J.Crew and its affiliates and related entities. This entire Dispute Resolution section shall survive termination of this agreement, the Program, or the parties’ relationship or the end of your use of J.Crew Websites.
A. Mandatory Informal Pre-Suit Resolution
J.Crew values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit or serving any arbitration demand relating to a Claim, you agree to first send a detailed notice (“Notice”) to J.Crew by email at generalcounsel@jcrew.com within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for J.Crew to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
Likewise, J.Crew agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. J.Crew’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for any desired monetary relief.
You and J.Crew agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should J.Crew request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and J.Crew agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.
B. Class Action Waiver; Jury Trial Waiver; Where Permissible, Claims Shall Be Brought in Court on an Individual Basis
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND J.CREW AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. Together, the terms in this paragraph shall be called and operate as the “Class Action Waiver.”
Where permissible, and to the fullest extent permitted by applicable law, claims must be brought in court, and only on an individual basis in accordance with the class action waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the parties mutually waive their right to have their claim decided by a jury.
C. Arbitration Clause
Only in jurisdictions where applicable law prohibits the Class Action Waiver from applying to Claims brought in Court, the CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
The Federal Arbitration Act and federal arbitration law apply to this arbitration clause. By agreeing to arbitration, you and J.Crew are not limiting in any way either of our statutory or common law rights or potential remedies to which either of us would be entitled to if our Claim were instead being heard in a court.
Any arbitration will be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s 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 these Terms and Conditions. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice address; this demand form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Resolution process, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must also be sent to J.Crew. You and J.Crew agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a claim is frivolous.
The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. You and J.Crew will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules and procedures.
If you and J.Crew cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. You and J.Crew will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.
Payment of all filing, administration and arbitrator fees will be governed by the NAM rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms and Conditions—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and J.Crew and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
You and J.Crew shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party's favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
D. Special Procedures for Mass Filings
To the extent an arbitration falls within NAM’s definition of a mass filing, you and J.Crew agree to the additional procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Counsel for each side shall select 25 Claims (50 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless you and J.Crew agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Claims, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and J.Crew shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the parties agree otherwise.
If the remaining Claims are not resolved at this time, counsel for the parties shall each select an additional 25 Claims per side (50 Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of 50 individual arbitration proceedings at a time until the parties are able to resolve all of the Claims, either through settlement or arbitration.
A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms and Conditions.
E. Exceptions
Notwithstanding the parties’ agreement to resolve all Claims through arbitration (i) either you or J.Crew may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or J.Crew may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or J.Crew. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.
F. Time Limits
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice (defined above) is sent. To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to these Terms and Conditions, as set forth above), the Claim is deemed commenced at the time of such filing.
G. Opt-Out
Within thirty (30) days of agreeing to these Terms and Conditions, you may opt out of the present version of the Arbitration Clause by sending your personally signed, written notice to the following address: J. Crew Group, LLC, Legal Department, 225 Liberty Street, Floor 17, New York, NY 10281. Such written notice does not constitute an optout of any previous versions of the arbitration clause, or the Class Action Waiver.
LIMITATION ON DAMAGES; OTHER LIMITATIONS
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.
Company is not responsible for (a) any loss or misdirection of, or delay in receiving, any application, redemption requests, Points, Rewards, or Member benefits; (b) theft or unauthorized redemption of Points, Rewards, Member benefits or use of Points, Rewards, or Member benefits; (c) any acts or omissions of third parties; or (d) any errors made or published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Points or Rewards to/from Member accounts. Company reserves the right to correct (with or without notice) any such errors.
Unless otherwise required by law, Synchrony Bank is not responsible for the Program and neither Synchrony Bank, nor any of 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 Program; (b) any claim relating to products purchased using any reward obtained through the Program; (c) any loss, damage, expense or inconvenience incurred under the Program; or (d) any taxes that you incur as a result of receiving or redeeming Points.
INTELLECTUAL PROPERTY
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally.
QUESTIONS
For all questions about the Program or your Member account, please contact us at 1-800-562-0258 or contactus@jcrew.com.
Last Updated: September 26, 2024
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY..
For information about how Company collects, uses, shares, and otherwise processes information about Members, please see our Privacy Policy. If you are a resident of California, see our Notice of Financial Incentives.
MEMBERSHIP
The J.Crew Passport customer loyalty program (“the Program”) is offered by J.Crew Group, LLC. (“Company” or “Us”) to customers making purchases at J.Crew or J.Crew Factory (collectively “J.Crew Stores”) and their online sales channels (including J.Crew Stores websites and mobile applications, collectively “J.Crew Websites”). Company will extend certain perks and privileges as described in more detail below, and additional offers that may be extended from time to time. These terms and conditions (hereinafter “Terms and Conditions”) form the agreement (the “Agreement”) between you (“Member” or “you”) and Company with respect to the Program. When accessing the Program or the J.Crew Websites, you are also subject to the applicable J.Crew Website Terms of Use. To the extent there are conflicts between this Agreement and the Terms of Use, this Agreement will control.
These Terms and Conditions are separate and independent from the J.Crew Credit Card Account Agreement (the “Account Agreement”), which governs the use of the J.Crew Credit Card and J.Crew Mastercard (each, a “J.Crew Card”). In the event of any conflict between these Terms and Conditions and the Account Agreement, these Terms and Conditions will control in any matter relating to the Program.
MEMBERS’ ACCEPTANCE OF TERMS
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.
COMPANY’S RIGHT TO CHANGE/CANCEL PROGRAM AND/OR TERMS
Company may, at its discretion, alter, limit or modify the Program structure or any other feature of the Program, including but not limited to the tiers, Rewards (defined below) or other benefits under the Program; how Points (defined below), Rewards or other benefits are earned, calculated or redeemed; or the expiration date of Points or Rewards. Company reserves the right to change or modify these Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. Company will post any additional Program details and updates to Program (including these Terms and Conditions) here and then update the “Last Updated” date above. Company may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.
MEMBERSHIP ELIGIBILITY
Program is open to U.S. residents at least 18 years of age within the United States, District of Columbia, and U.S. territories. It is free to join as a Member (no initial purchase is required to do so). Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its discretion.
MEMBERSHIP ENROLLMENT
Individuals can enroll by creating an account in a J.Crew Store or at jcrew.com or jcrewfactory.com. Member must provide complete and accurate enrollment information. Participating in the Program will constitute agreement to these Terms and Conditions. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Company may choose to offer sign-up incentives and enrollment promotions from time to time. Member may advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting My Details in the J.Crew Website and updating their Member account.
To apply for a J.Crew Card, one must first register for the Program or already have an existing Member account. Members with a J.Crew Card can later opt out of the Program, but will not receive rewards points on Eligible Purchases or Program benefits after opting out.
PROGRAM COMMUNICATIONS
Unless Member has opted out of receiving marketing communications, Company may (at its option) communicate with Members about marketing via mail, email, and other channels, including about special Member promotions, offers and more. Company may also use these channels to communicate Member tier status, notify Member when they are eligible for a benefit or Reward (defined below), communicate Program changes and more at Company’s discretion. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
EARNING POINTS
Members will receive rewards points (“Points”) on their Member account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. Additional terms, requirements and details for earning Points follow. Points may sometimes be referred to as % back as it relates to points and rewards.
Eligible Purchases: Purchases of merchandise and/or services (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made (a) at any J.Crew Stores in the United States, online at a J.Crew Website and shipping to the U.S., U.S. territories, and U.S. P.O. Boxes; or (b) outside of J.Crew Stores or Websites (only if purchase is made with J.Crew Mastercard, subject to conditions below) (“Eligible Purchases”) count toward Member’s Point accrual. Eligible Purchases must be made while linked to Member’s J.Crew account. Only Eligible Purchases made at J.Crew Stores or Websites count toward Member’s tier status.
As of the “Last Updated” date specified above, Members will earn Points as follows:
| Tier 1 (Green) | Tier 2 (Navy) | Tier 3 (Gold) |
| 1 point per dollar spent at J.Crew Stores or Websites | 1 point for Members using any form of tender other than J.Crew Card for each dollar of Eligible Purchases at J.Crew Stores or Websites; 2 points per dollar spent at J.Crew Stores or Websites when using your J.Crew Card; For J.Crew Mastercard only: 1 point for each dollar spent for gas and groceries (see below) 1 point for every $2 spent on purchases anywhere else Mastercard is accepted | 1 point for Members using any form of tender other than J.Crew card for each dollar of Eligible Purchases at J.Crew Stores or Websites; 3 points per dollar spent at J.Crew Stores or Websites when using your J.Crew Card; For J.Crew Mastercard only: 1 point for each dollar spent for gas and groceries (see below) 1 point for every $2 spent on purchases anywhere else Mastercard is accepted |
In all instances, number of points is subject to change; check back here for details. Use of your J.Crew Mastercard outside of J.Crew Stores or J.Crew Websites does not count toward Member’s tier status.
Use of gift cards and Rewards will not result in Points.
Eligible Purchases Using a J.Crew Card:
Members using their J.Crew Card will receive two or three Points (depending on tier at time of purchase) for each one dollar ($1 USD) of Eligible Purchases at J.Crew Stores or Websites so long as you are logged into your Member account and your J.Crew Card account is open for new purchases. J.Crew Card purchases are also subject to the J.Crew Card terms and conditions.
When you use your J.Crew Mastercard that is linked to an active J.Crew Passport account outside of J.Crew Stores or Websites, you will receive Points for purchases made where Mastercard is accepted, Gas Purchases, and Grocery Purchases subject to the following:
Gas Purchases: When you use your J.Crew Mastercard for Eligible Purchases of gasoline, you will earn 1 Point based on your Member tier at time of purchase, rounded to the next whole dollar. “Eligible Purchases of gasoline” include purchases made at service stations or automated fuel dispensers. Fuel stations located at or that are part of warehouse clubs and certain supercenters and supermarkets are excluded.
Grocery Purchases: When you use your J.Crew Mastercard for Eligible Purchases of groceries at grocery stores, you will earn 1 Point based on your Member tier, rounded to the next whole dollar. “Eligible Purchases of groceries” include purchases made at grocery stores and supermarkets.
To determine if an Eligible Purchase of gas or groceries is made, Synchrony Bank will use the Merchant’s MCC code where the purchase is made to determine the category of purchase and whether it qualifies for 0.5 or 1 Point. An MCC Code is a four-digit classification code as defined by Mastercard International Incorporated that is assigned to a merchant by the merchant’s payment card network or merchant processor based on the predominant business activity of the merchant. For example, the café of a gas station may have an MCC Code as a type of merchant other than a gas station and therefore would not qualify as a gas purchase under these Terms. Neither Company nor Synchrony Bank assigns or has responsibility for the assignment of MCC Codes or evaluates what MCC Codes should be assigned to a particular merchant. Synchrony Bank reserves the right to determine from time to time which MCC Codes qualify for particular category Points. Neither Company nor Synchrony Bank is responsible for awarding Points for Eligible Purchases of gas or groceries at merchants who do not accurately report transactions using the MCC Codes described above.
Exclusions from Eligible Purchases: Points will not be awarded on unauthorized or fraudulent purchases. The amount of a purchase made with gift cards, Rewards, and/or free benefits under the Program as method of payment will not be applied to Member Point accrual or tier earnings. Points will not be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Additional items may be excluded from Point, tier, and Rewards accumulation at the sole discretion of Company.
Email Address: A current, valid email address is required for a Member to be able to participate and receive Points in connection with the Program.
Identification at Transaction: Members must identify themselves with their applicable Member account email address to receive credit and/or perks and privileges for Eligible Purchases made at participating J.Crew Stores and Websites. Specifically, Member must provide the email address associated with his/her Membership to the cashier at a participating Store or sign into their online account before checkout for online transactions on a Website in order to receive spend credit and/or benefits.
Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Member’s account 30-45 days after (i) in-store purchase, (ii) the jcrew.com or jcrewfactory.com or mobile application ship date, or (iii) transactions made with a Card are posted.
Promotional Offers: Other special programs and promotional offers for earning Points may be made by Company, its agents or third-party partners from time to time in Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer. From time to time, Members may also receive incentives for submitting product reviews, such as Points or promotional offers. Such offers will also be subject to the terms and conditions specified when submitting a review. Any incentives offered for reviews are in no way conditioned on the submission of positive reviews.
J.Crew Card Authorized Users: Points accrued by a Member who is an authorized user of a J.Crew Card will be applied to the individual Member’s account that is linked to the purchase.
Point Balance: Members may view their Point balance at any time by visiting their online Member account page.
RETURNS
Merchandise returns must be made in accordance with Company’s return policy available at J.Crew Returns & Exchanges or J.Crew Factory Returns & Exchanges. Returns made on a J.Crew Mastercard account must be made in accordance with the return policy applicable to such transaction. Upon the accepted return of an item, the spend amount and Points applied to Member account for the purchase will be deducted from that Member’s account as the Points are forfeited with the returned merchandise. For purchases made by redeeming Rewards, if the merchandise is returned, the Rewards will be forfeited.
TIER STATUS
Following initial tier placement, Program tier status is based on Member’s total spend on Eligible Purchases (which exclude gift card/Rewards) at our J.Crew Stores or Websites during the preceding calendar year, between January 1 and December 31. Following the conclusion of that qualifying calendar year, Member tier status will be valid for the next calendar benefit year after qualification. Annual tier assignments occur in January of each year. Members will be upgraded during the benefit year if their qualifying spend at our J.Crew Stores or Websites exceeds their tier threshold. Members should allow 30-45 days for purchases to process before Member is placed into a different loyalty tier.
Any member with a J.Crew Card that is open for new purchases will be automatically upgraded from the Green Access tier to Navy Access tier, regardless of the amount of total spend (no upgrades are given from Navy Access tier to Gold Access tier based on spend outside of our J.Crew Stores or Websites.
A summary of the tiers and benefits follows:
| Benefits | Green Access tier | Navy Access tier | Gold Access tier |
| Customer Spend Required (Calendar Year) | Free to join | Spend $500+ (Cardholders start here) | Spend $1,000+ |
| Shipping (J.Crew.com Only) | Free standard | Free standard | Free expedited |
| Shipping (J.Crew Factory Only) | Free standard for J.Crew Cardholders only | Free standard for J.Crew Cardholders only | |
| Birthday Offer | $10 offer | $15 offer ($25 for J.Crew Cardholders) | $20 offer ($25 for J.Crew Cardholders) |
| Early Exclusive Access | • | • | • |
| Points and Rewards | • | • | • |
| Free Monogramming/Personalization | • | • | |
| Invitations to Special Events | • | • | |
| Free standard alterations | For J.Crew Cardholders only | For J.Crew Cardholders only |
*Customer Spend Required (Calendar Year) only applies to Eligible Purchases made at J.Crew or J.Crew Factory Stores or Websites. Purchases made outside of J.Crew Stores or Websites do not count toward total Customer Spend Required for tier status.
PROGRAM BENEFITS AND DETAILS
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following will apply (provided the current advertised tier requirements are met):
Birthday Offer
Members must have a valid birthday on file with their registered Member account at least one week before birth month and be opted in to receive marketing communications. Account must not be in default. Offer will be received during the birthday month and is only valid during the birthday month. Additional terms and conditions may apply.
Free Standard Shipping
Free shipping valid at jcrew.com (and factory.jcrew.com when purchase is made using a J.Crew Card as tender) on orders shipping to the U.S., U.S. territories, and U.S. P.O. Boxes only. Members not using a J.Crew Card must be signed into their J.Crew Passport account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping will be automatically applied at checkout. See jcrew.com for full shipping details. Terms of offer are subject to change.
Free Expedited Shipping for Gold Access Tier Members
Free expedited shipping for Gold Access tier Members valid at jcrew.com com on orders shipping to the U.S., U.S. territories, and U.S. P.O. Boxes only. Members not using a J.Crew Card must be signed into their J.Crew Passport account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. For expedited shipping, select free expedited shipping option at checkout. See jcrew.com for full shipping details. Terms of offer are subject to change.
Bonus Points
Members with a J.Crew Credit Card will receive bonus Points on purchases of cashmere in our J.Crew Stores or Websites depending on tier (Navy tier Members will receive one incremental Point per dollar spent; Gold tier Members will receive two incremental Points per dollar spent). Bonus Points for purchases of cashmere are limited to cashmere sweaters and wraps. Purchases of cashmere accessories and/or cashmere blends are not eligible for bonus Points. Such bonus Points offers will also be subject to the terms and conditions specified in the promotional offer.
Free Monogramming Offer
Valid on full-price monogrammable J.Crew branded apparel and accessories purchased in J.Crew Stores, at jcrew.com, or by phone order. Offer cannot be redeemed for cash. Personalized items cannot be exchanged or returned. Valid in the U.S. only. Terms of offer are subject to change.
Free Standard Alteration
Valid on full-price merchandise purchased with a J.Crew Card in J.Crew Stores. Services limited to pant and skirt hemming and sleeve alterations. Offer not valid on leather, suede or beaded fabrics or on J.Crew Factory merchandise. Offer cannot be redeemed for cash. Tailored items cannot be returned or exchanged. Valid in the U.S. only. Terms of offer are subject to change.
Other Benefits
Members may receive early or exclusive access to J.Crew Store sales, offers, and products, and certain tiers may be eligible for invitations to special events at J.Crew Stores or Websites.
REDEEMING POINTS
Points will accumulate in your Member account toward rewards, the means by which will be described in these Terms and Conditions and/or related promotional offers. Earned Points are converted into promotional redemption rewards dollars (“Rewards”) as follows: 200 points = $5 in Rewards. Once 200 Points are earned, $5 in Rewards will be issued and 200 Points will automatically be deducted from your Member account. Members may redeem their Rewards when purchasing J.Crew Store items and/or services either (1) at a J.Crew Store by giving the Company associate your Member account email address and requesting redemption; (2) online at a J.Crew Website by selecting the Rewards box at checkout; or (3) via the Contact Center for phone orders. If Member elects to redeem their Rewards, the value of the Rewards will be deducted from the total price of the Member’s purchase of items from a J.Crew Store or J.Crew Website. The full value of the Rewards redeemed will be removed from your account even if the cart value is lower than the Rewards value. Points and Rewards will expire as set forth below.
Rewards are solely promotional and will not be paid out in cash or store credit. Company may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and redemption dollars.
Rewards may only be redeemed once. In the event of a return of merchandise purchased using a reward, the reward will be forfeited. Rewards may not be applied to the purchase of gift cards. To the extent allowed by applicable law, we may cancel any accumulated Points 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.
EXPIRATION OF POINTS
Points in a Member account that are not converted into Rewards will expire 365 days after issuance on a rolling basis. Points converted into Rewards (see “Redeeming Points” above) will be removed from member’s Points balance.
EXPIRATION OF REWARDS
Rewards will expire ninety (90) days after issuance.
RIGHT TO REVOKE
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that Company cancels your membership or terminates the Program for any reason, all Points, rewards or other benefits earned on your Member account will be forfeited.
OPT OUT
Your participation in the Program is voluntary and you may withdraw at any time by contacting us at help@jcrew.com or 1-800-562-0258. In the event that you opt-out of the Program, you will not be able to able to access your Points, Rewards or other benefits earned on your Member account. If you are a J.Crew Card holder and opt-out of the Program, you will not earn Points, Rewards, or other benefits when using your J.Crew Card.
NO TRANSFER
Program benefits or Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account. Program Points, rewards and/or benefits have no cash value, are not exchangeable for cash and may not be used as payment on your J.Crew Card account.
TAXES
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.
GOVERNING LAW
These Terms and Conditions, the relationship between you and the Company, and Company’s Program, shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES; NO CLASS ACTIONS
PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING ALL SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS. THIS SECTION LIMITS THE MANNER IN WHICH YOU AND J.CREW CAN SEEK RELIEF FROM EACH OTHER. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE CERTAIN CLAIMS ON AN INDIVIDUAL BASIS. NO CLASS ACTIONS, COLLECTIVE ACTIONS, CONSOLIDATED ACTIONS, REPRESENTATIVE ACTIONS, CLASS ARBITRATIONS, COLLECTIVE ARBITRATIONS, CONSOLIDATED ARBITRATIONS, OR REPRESENTATIVE ARBITRATIONS ARE ALLOWED UNDER THESE TERMS AND CONDITIONS. THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND J.CREW, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, EQUITYHOLDERS, REPRESENTATIVES, AGENTS, AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO:
CLAIMS ARISING OUT OF OR RELATING TO THE PROGRAM, J.CREW WEBSITES, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY J.CREW AND/OR TO THESE TERMS AND CONDITIONS; CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT; CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THIS AGREEMENT.
The provisions of this Dispute Resolution section apply to you and J.Crew and its affiliates and related entities. This entire Dispute Resolution section shall survive termination of this agreement, the Program, or the parties’ relationship or the end of your use of J.Crew Websites.
A. Mandatory Informal Pre-Suit Resolution
J.Crew values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit or serving any arbitration demand relating to a Claim, you agree to first send a detailed notice (“Notice”) to J.Crew by email at generalcounsel@jcrew.com within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for J.Crew to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
Likewise, J.Crew agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. J.Crew’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for any desired monetary relief.
You and J.Crew agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should J.Crew request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and J.Crew agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.
B. Class Action Waiver; Jury Trial Waiver; Where Permissible, Claims Shall Be Brought in Court on an Individual Basis
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND J.CREW AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. Together, the terms in this paragraph shall be called and operate as the “Class Action Waiver.”
Where permissible, and to the fullest extent permitted by applicable law, claims must be brought in court, and only on an individual basis in accordance with the class action waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the parties mutually waive their right to have their claim decided by a jury.
C. Arbitration Clause
Only in jurisdictions where applicable law prohibits the Class Action Waiver from applying to Claims brought in Court, the CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
The Federal Arbitration Act and federal arbitration law apply to this arbitration clause. By agreeing to arbitration, you and J.Crew are not limiting in any way either of our statutory or common law rights or potential remedies to which either of us would be entitled to if our Claim were instead being heard in a court.
Any arbitration will be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s 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 these Terms and Conditions. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice address; this demand form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Resolution process, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must also be sent to J.Crew. You and J.Crew agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a claim is frivolous.
The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. You and J.Crew will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules and procedures.
If you and J.Crew cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. You and J.Crew will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.
Payment of all filing, administration and arbitrator fees will be governed by the NAM rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms and Conditions—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and J.Crew and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
You and J.Crew shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party's favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
D. Special Procedures for Mass Filings
To the extent an arbitration falls within NAM’s definition of a mass filing, you and J.Crew agree to the additional procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Counsel for each side shall select 25 Claims (50 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless you and J.Crew agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Claims, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and J.Crew shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the parties agree otherwise.
If the remaining Claims are not resolved at this time, counsel for the parties shall each select an additional 25 Claims per side (50 Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of 50 individual arbitration proceedings at a time until the parties are able to resolve all of the Claims, either through settlement or arbitration.
A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms and Conditions.
E. Exceptions
Notwithstanding the parties’ agreement to resolve all Claims through arbitration (i) either you or J.Crew may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or J.Crew may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or J.Crew. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.
F. Time Limits
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice (defined above) is sent. To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to these Terms and Conditions, as set forth above), the Claim is deemed commenced at the time of such filing.
G. Opt-Out
Within thirty (30) days of agreeing to these Terms and Conditions, you may opt out of the present version of the Arbitration Clause by sending your personally signed, written notice to the following address: J. Crew Group, LLC, Legal Department, 225 Liberty Street, Floor 17, New York, NY 10281. Such written notice does not constitute an optout of any previous versions of the arbitration clause, or the Class Action Waiver.
LIMITATION ON DAMAGES; OTHER LIMITATIONS
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.
Company is not responsible for (a) any loss or misdirection of, or delay in receiving, any application, redemption requests, Points, Rewards, or Member benefits; (b) theft or unauthorized redemption of Points, Rewards, Member benefits or use of Points, Rewards, or Member benefits; (c) any acts or omissions of third parties; or (d) any errors made or published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Points or Rewards to/from Member accounts. Company reserves the right to correct (with or without notice) any such errors.
Unless otherwise required by law, Synchrony Bank is not responsible for the Program and neither Synchrony Bank, nor any of 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 Program; (b) any claim relating to products purchased using any reward obtained through the Program; (c) any loss, damage, expense or inconvenience incurred under the Program; or (d) any taxes that you incur as a result of receiving or redeeming Points.
INTELLECTUAL PROPERTY
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally.
QUESTIONS
For all questions about the Program or your Member account, please contact us at 1-800-562-0258 or contactus@jcrew.com.