IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN SECTION 16, “DISPUTE RESOLUTION AND ARBITRATION”, BELOW. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Use incorporate by reference the Privacy Policy.

1.    General Terms. The terms “we”, “us” and “our” refer to Dillard’s Inc. and all affiliates, subsidiaries, and related entities (collectively, “Dillard’s”). Dillard’s offers this website and its mobile app (collectively, the “Site”), including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of the terms, conditions, policies and notices stated here.
   • 1.1   By Use, You Consent to these Terms of Use. By visiting or shopping on this Site, among other things, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”). The Terms of Use include additional terms, conditions, and policies referenced in this document or available by hyperlink. The Terms of Use apply to, among others, all users of the Site, including users who are browsers, vendors, customers, merchants, or contributors of content.
   • Please read these Terms of Use carefully before visiting, shopping on, or otherwise using our Site or agreeing to be bound. By using any part of the Site, you agree to be bound by these Terms of Use without modification of any kind. If you do not agree to any and all of our Terms of Use as set forth below, then you may not use the Site or any Service.
   • This Site is intended for U.S. residents. Any deliveries requested for addresses outside the U.S. are subject to refusal by Dillard’s.
   • The headings are included for convenience only and will not limit or otherwise affect these Terms of Use.
   • 1.2   No Unauthorized Use. You may not amend, copy, distribute, send, display, publish, license, create derivative works from, transfer, or sell any information, software, products, or sources from this Site without our advance written permission. No rights or interests in any downloaded materials are transferred to you as a result of your downloading, copying, or printing any such materials
   • 1.3   Updates to the Terms of Use and the Site. Dillard’s reserves the right to update, delete, replace, or otherwise change all or any part of these Terms of Use by posting such changes to the Site, but we have no obligation to update any information on the Site at any time. Any modifications to this Site will also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. It is your responsibility to check this page from time to time to review the changes. Your continued use of or visit to the Site following the posting of any changes constitutes your acceptance of such changes.
   • 1.4   No Illegal Use. You may not use this Site or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   • 1.5   Consequence of Breach. A breach or violation of any of the Terms of Use will result in an immediate termination of your access to this Site and your right to utilize the Services. We reserve the right to refuse Service to anyone for any reason at any time.
   • 1.6   COPPA Compliance. The Children’s Online Privacy Protection Act (COPPA) protects the online privacy and personal information of children under 13 years of age. In compliance with this act, Dillard’s does not promote online to children and does not knowingly request or collect personal information from any person under 13 years of age through the Site without prior verifiable parental consent. Children under the age of 13 must be signed up by their parents and use a parent’s email address in order to receive email updates.
2.   Privacy. Please review our Privacy Policy which also relates to your use of the Services, to understand our privacy practices. The Privacy Policy is expressly incorporated in these Terms of Use.
3.   Online Store Terms of Use.
   • • 3.1   Product Displays and Descriptions. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products are subject to change at any time without notice, in our sole discretion.
     • 3.2   Pricing. Dillard’s is committed to offering quality merchandise at fair, competitive prices. In most cases, the prices on this Site will reflect store prices. However, there may be some exceptions. Prices shown on this Site expire at midnight Central time on the date displayed for the item. Prices and sales are subject to change without notice.
     • 3.3   Tax. Dillard’s operates in various states throughout the United States. Sales tax will be applied to your order, based on the order’s “ship-to” address, in accordance with the laws in that jurisdiction. Some states also require us to apply tax on delivery or gift wrap charges. All applicable taxes will be clearly displayed on your order at order completion time. Tax rates are subject to change at any time.
     • 3.4   Orders. Before you submit your order, you will be given the opportunity to review your selections, check the total price of your order, and correct any input errors. All information on the Site is an invitation only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the selected merchandise.
       • (a)   We will acknowledge receipt of your order without delay by sending an electronic confirmation or email. Please note, however, that such confirmation or email does not constitute acceptance of your order. No contract with respect of any of our merchandise exists between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, the funds will be fully refunded.
       • (b)   All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or text message that confirms that the merchandise has been shipped (the “Shipment Confirmation”). A contract for the purchase of a product between you and us (a “Contract”) will only be formed once we send you the Shipment Confirmation. The Contract will relate only to the products that have been shipped as confirmed by the Shipment Confirmation. We will not be bound to supply any other product which may have been part of your order until the shipment of such product has been confirmed in a separate email or text message.
       • (c)   The risk of loss and title to the product(s) pass to you once we deliver your item(s) to the carrier.
     • 3.5   Limitations and Refusals of Orders. We reserve the right from time to time to limit the sales of our merchandise or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any merchandise or services that we offer. We reserve the right to discontinue any merchandise at any time. Any offer for any merchandise or service made on this Site is void where prohibited by applicable law.
     • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per credit or debit card, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made.
     • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
     • 3.6   Availability. Certain products or services may be available only at certain stores or exclusively online through the Site. These products or services may have limited quantities and are subject to return only according to our Online Return Policy described in Section 4.2. Occasionally, orders for an item exceeding our supply are received. If we are unable to fulfill your order, you will be notified and your credit/debit card or PayPal® account, as applicable, will not be charged.
     • 3.7   Payment. Your credit/debit card or PayPal® account will be charged at the time the order is placed. To place an order you must confirm to us the name that appears on the card or account to be charged, the card or account number, the expiry date of the card, and the card security code. We will use our best efforts to keep all credit/debit card or account information strictly confidential. We will never intentionally share such information without your express permission.
     • Please note that the billing address for your account must be the exact same address as the one registered for the credit or debit card you use for payment, as some banks use AVS (Address Verification System).
     • If any sum due from you cannot be charged to your card or account for any reason (including due to a “stop payment” request or refusal by the issuer of the card), the sale will be cancelled immediately.
     • Dillardslove.shop offers Installments by Afterpay. For details, please reference the frequently asked questions below.

    

   • • What is Installments by Afterpay? Installments by Afterpay is a service that allows you to make purchases now and pay for them in four payments made every 2 weeks without any interest.
     • How do I use Installments by Afterpay? Simply shop online and add items to your shopping bag and checkout as normal. At the checkout choose Installments by Afterpay as your payment method. First-time customers will need to register with Afterpay and provide payment details, and returning customers simply log in to make their purchase. It’s that easy!
     • Please note that all items in your shopping bag must be eligible for Installments by Afterpay. A minimum purchase amount may apply and you must meet additional eligibility requirements to qualify.
     • Where can I use Installments by Afterpay? Installments by Afterpay can only be applied to purchases made on Dillardslove.shop.
     • Can I use Installments by Afterpay if I’m an international customer? Afterpay is only offered to our customers who have a US billing address, US shipping address, a US Visa or Mastercard or American Express (credit or debit card), and a US mobile phone number. Customers with international billing addresses, shipping addresses, and/or phone numbers will not be able to set up an account with Afterpay.
     • How does the payment schedule work? All customers are required to make their first payment at the time of purchase, with the remaining three payments deducted every two weeks from your chosen payment method. If you choose to make additional payments before your scheduled pay dates, you may do so through your Afterpay account.
     • You can log in to your Afterpay account to view your payment schedule and make a payment before the due date if you choose to do so.
     • Where can I find common questions about payments? Check out the Afterpay Payments FAQ.
     • When will my items be delivered if I use Installments by Afterpay? Afterpay orders are delivered as per our standard shipping time frame after you complete your order online.
     • Visit our shipping page for more information.
     • Is there a limit to how much I can spend on a single transaction? Yes, transaction value limits apply to purchases made on Dillardslove.shop using Installments by Afterpay.
     • What products are not eligible for purchase using Installments by Afterpay? Afterpay is not available on purchases of gift cards. If you are purchasing gift cards along with Afterpay eligible products, you will need to place two separate orders.
     • How do I return an item purchased using Installments by Afterpay? If you have changed your mind, you can return your Afterpay purchase in-store or by mail for a refund. Please check that your return meets our return policy. Please do not return your purchase to Afterpay.
     • Note: Merchandise purchased using Afterpay and returned will be issued a Dillard’s gift card or credited back to your Afterpay account for the purchase price.
     • If you believe there is fault or concern with your Afterpay purchase payment, please contact Afterpay customer support at [email protected]
     • What if I can’t pay an Afterpay installment? If funds are not available or you otherwise do not make your payment when it is due, late fees may apply. Click here for complete terms.
     • Where can I find out more about Afterpay? If you would like to know more about Afterpay, visit the Afterpay website www.afterpay.com for a comprehensive list of FAQs, terms, purchase payment agreement, as well as Afterpay’s Privacy Policy which can be found at https;//www.afterpay.com/privacy.policy.
     • If you have any questions about your Afterpay account, please contact Afterpay directly via a web form found here.
   • 3.8   Delivery.
     • (a)   Carriers. Our shipping service providers are FedEx and USPS. We choose the carrier based upon the service available for your ship-to location and the method of delivery (e.g. standard, expedited or next business day) you select.
     • (b)   Processing Times. Delivery times do not include processing time. Processing time for in stock items is approximately two business days. If the merchandise is not in stock, you will receive an email notification regarding any related delays.
     • (c)   Delivery Times. Standard delivery time is three to five business days after shipping. Orders requesting Expedited or Next Business Day service ordered prior to 12:00 pm Central time on Monday through Friday are shipped the same day. Orders requesting Expedited or Next Business Day service ordered on Monday through Friday after 12:00 pm Central time, or on Saturday, Sunday, or a holiday will be shipped the following business day. You can expect delivery in two business days for Expedited service and one business day for Next Business Day service after shipping. Expedited shipping and Next Business Day shipping are not available for P.O. Box, APO/FPO addresses, Alaska, Hawaii, or U.S. Territories.
     • Please allow two to eight weeks for delivery to APO/FPO addresses. Please note that due to restrictions at APO/FPO postal facilities, we are unable to ship over sized or heavy items to APO/FPO addresses.
     • (d)   Notifications. When your order ships, we will send you an email notification that includes the name of the carrier and a tracking number. We will also send an email notification when your purchase has been delivered.
     • (e)   Shipping Fees. Shipping fees are calculated for each address and are based on the order amount being shipped to that address.
     • (f)   Multiple Shipments. Items in a multi-item order may be shipped separately and from different locations.
     • (g)   Shipping Restrictions. Dillard’s does not ship fragrances, aerosols, and alcohol-based merchandise via Expedited service, Next Business Day service or to P.O. boxes, military facilities, or outside the continental United States. Please select Standard delivery service for the shipment of these items.
   • • 1.   Standard Shipping Fees. The following fees will apply to your order, as applicable:

• CONTINENTAL U.S.

  Merchandise Total	Standard	Expedited	Next Business Day
  Up to $149.99	$9.95	$20	$30
  $150 and Up	Free*	$20	$30

• CONTINENTAL U.S.-P.O.BOX/ APO/ FPO

  Merchandise Total	Standard	Expedited	Next Business Day
  Up to $149.99	$9.95	Not Available	Not Available
  $150 and Up	Free*	Not Available	Not Available

• ALASKA, HAWAII, U.S. TERRITORIES

  Standard	Expedited	Next Business Day
  $25	Not Available	Not Available

• 2.   Free Shipping. Free Standard shipping on orders with merchandise totaling $150 and over is available if the order is placed on a non-additional clearance sale day.
• 3.   Additional Shipping Fees. Items that are very large or fragile, including without limitation certain electronic items, may include an additional shipping charge.

4. 4.    Returns. We trust you will be satisfied with your Dillard’s purchase. However, should you decide the merchandise is not satisfactory, click here to see Dillard’s return policy.
   5.    Billing and Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and debit or credit card numbers.
   6.    Changes to the Site. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to merchandise descriptions, pricing, promotions, offers, merchandise shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

      We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Service, on the Site, or on any related website, should be taken to indicate that all information in the Service, on the Site, or on any related website has been modified or updated.

   7.   Intellectual Property. All content of this Site, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the sole and exclusive intellectual property of Dillard’s or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries, including without limitation laws that restrict the copy, distribution, publishing, or transmission of such content. The unauthorized reproduction or distribution of a copyrighted work is illegal and no portion of this Site may be copied, distributed, published, or transmitted without the express written consent of Dillard’s.

      Users of this Site may download and print materials from this site for personal, non-commercial use related to placement of an order or shopping with Dillard’s, provided that any such copy must contain this notice.

      All of this Site’s content and supporting code are copyrighted by or licensed to Dillard’s, Inc. and all rights are reserved. All content copies, either electronic or printed, are for personal use only. The content and supporting code contained herein may not be used in any other manner unless express written permission is obtained in advance.

   8.   Third-Party Content. Certain content, merchandise and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us, and once you click such links, you are leaving this Site. We are not responsible for examining or evaluating the content or accuracy of information provided by these third-party sites and we do not warrant and will not have any liability or responsibility for any third-party materials or sites. We do not endorse these sites or the materials, products, or services of third-parties and hereby disclaim any warranty as to the content of any third-party site linked to this Site.

      We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please exercise caution when communicating or interacting with any such site and carefully review the third-party’s terms of use before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the appropriate third-party and not Dillard’s.

   9.   Supply Chain Transparency. For information on Dillard’s efforts to eradicate slavery and human trafficking from its direct supply chains, please review our Supply Chain Transparency Policy.
   10.   User Comments, Feedback and other Submissions.

       If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, texts, music, sounds, photographs, graphics, video, messages, tags, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. By submitting Comments and materials to this Site, you hereby automatically grant, or warrant that the owner of such Comments and materials has expressly granted to us a royalty-free, perpetual, irrevocable and non-exclusive license to (a) use, modify, license, sell, reproduce, adopt, publish, translate and distribute any or all of such Comments and materials worldwide, and (b) to incorporate such Comments and materials in other works in any form, media or technology now or hereafter developed for the full term of any copyright that may exist in such materials without any obligation to further notify you of such use or to compensate you or any third party.

       We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or that is otherwise objectionable or which content violates any party’s intellectual property or these Terms of Use.

       You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, this Site, or any related website. You may not use a false e-mail address, pretend to be someone other than you, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

   11.   Prohibited Uses of the Site.

       In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

   12.   Disclaimer of Warranties.

       The material contained on this Site is periodically checked for accuracy and is presented without any warranties, either express or implied. Dillard’s will assume no, and hereby disclaims any, responsibility for any errors or omissions of this Site’s content. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information on this Site is at your own risk.

       You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and service delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

   13.   Limitation of Liability.

       In no case shall Dillard’s or our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, subcontractors or licensors (collectively, the “Indemnified Parties”) be liable for any damages whatsoever arising out of or relating to the use by any person of this Site, including but not limited to direct, indirect, consequential, or punitive damages, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of this possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

   14.   Delay or Failure to Perform. We will not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action, or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); or your failure to give us a correct delivery address or notify us of any change of address

       We will use reasonable efforts to inform you of any such unforeseen event within seven days of its occurrence. Should the interruption continue beyond a period of 14 days after notice to you, you will be entitled to cancel the order and a refund will be made in accordance with these Terms of Use.

   15.   Indemnification. You agree to indemnify, defend, and hold harmless Dillard’s and the other Indemnified Parties harmless from any injury, from any loss, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
   16.   Dispute Resolution and Arbitration.

       This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in discovery except as provided in applicable American Arbitration Association (“AAA”) rules, the right to certain remedies and forms of relief, and the right to court review of any award—that may not be available in arbitration.

       To the fullest extent permitted by applicable law, any dispute or claim (whether based in contract, tort, fraud, misrepresentation, or any other statutory or common law legal theory) arising out of or relating in any way to these Terms of Use, your visit to the Site, your relationship with Dillard’s, or to any purchase, return or other transaction with Dillard’s (including claims relating to Dillard’s advertisements and disclosures, email and mobile SMS messages sent by Dillard’s, or Dillard’s collection or use of your information) (“Dispute”) shall be resolved through binding arbitration, rather than in court. Dispute shall be interpreted broadly and includes claims that arose before the existence of these Terms of Use or claims that may arise after the termination of these Terms of Use. Notwithstanding the foregoing, either you or Dillard’s: (1) may elect to have a Dispute heard in small claims court seeking individualized relief, so long as the Dispute falls within the jurisdictional limits of small claims court and that action remains in small claims court and is not removed or appealed to a court of general jurisdiction or (2) may bring suit to enforce intellectual property rights exclusively in any state or federal court in the state of Arkansas, rather than through arbitration, provided you or Dillard’s has a reasonable basis to believe that the other party has violated or threatened to violate the other party’s intellectual property rights.

       To the fullest extent permitted by law, any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises or it is waived and time-barred.

       The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief as addressed below, and must follow the terms of these Terms of Use as a court would.

       16(a): Mandatory Informal Dispute Resolution Process.

       Any party who intends to seek arbitration must first provide to the other party a written notice of the Dispute (“Notice”), describing the facts and circumstances of the Dispute, the claims asserted, and the specific relief sought and the calculation for it, and including any supporting documentation and information sufficient to identify any transaction at issue. If you are providing the Notice, it must be personally signed by you and mailed via certified or registered mail to Dillard’s as set forth in section 17 below. If Dillard’s is providing the Notice, it will be mailed to you at your last-used billing address or the billing and/or shipping address in your online profile. You and Dillard’s agree to negotiate in good faith in an effort to reach a resolution of the Dispute in connection with this mandatory informal dispute resolution process. Should Dillard’s request an individualized telephone conference with you in an effort to facilitate a resolution, you agree that you will personally appear (with your counsel if you are respresented). The Dispute should be resolved to your satisfaction as part of this process, but if for some reason that is not the case within 60 days after your or our receipt of a fully completed Notice (absent agreement of the parties to extend this period), then either party may commence arbitration.

       Compliance with this informal process is a condition precedent to filing a demand for arbitration. Any applicable statute of limitations and filing fee deadlines shall be tolled while the parties engage in this required process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations based on non- compliance with this condition precedent. A party will also retain the right to raise non- compliance in connection with an arbitration.

       16(b): Arbitration Process.

       Any arbitration under this agreement shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Consumer Arbitration Rules and Mediation Procedures (“AAA Rules”) as modified by this Dispute Resolution and Arbitration Section. A demand for arbitration must be accompanied by a certification of completion of the informal dispute resolution process. Your demand for arbitration must be personally signed by you. If AAA is unavailable or unwilling to administer an arbitration consistent with this Dispute Resolution and Arbitration Section as written, the parties shall agree on a substitute arbitration organization that will administer the arbitration consistent with this Section. If the parties cannot agree on a substitute organization, they shall mutually petition a court of competent jurisdiction to appoint an arbitration organization that will administer the arbitration consistent with this Section.

       Payment of arbitration fees shall be governed by the AAA Rules. If the arbitrator finds that a claim was frivolous or brought for an improper purpose or for the purpose of harassment, the arbitrator may award fees and expenses. In addressing this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including a refund of any applicable purchase price. The arbitrator shall issue a reasoned opinion in connection with the awards with the essential findings of law and fact. The provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after the issuance of an award. The arbitration award shall be binding only between the parties and shall have no preclusive effect in other arbitrations or proceedings involving different claimants.

       Subject to the AAA Rules, you may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. An arbitration shall be conducted by a single neutral arbitrator.

       Except as specifically provided in this Dispute Resolution and Arbitration Section, all issues are for the arbitrator to decide, including but not limited to issues related to scope and enforceability. The arbitrator is bound by these Terms of Use as a court would be.

       16(c): Class Action Waiver; Individual Relief; Venue; Jury Trial Waiver.

       TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DILLARD’S AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS (ARBITRATION OR LITIGATION) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER 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. THE ARBITRATOR MAY AWARD THE SAME DAMAGES AND RELIEF (INCLUDING DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF AS TO THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. IF ANY PORTION OF THIS PARAGRAPH IS FOUND TO BE VOID OR UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF) AND ALL APPEALS HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST FOR RELIEF) SHALL BE RESOLVED IN FEDERAL COURT IN ARKANSAS RATHER THAN IN ARBITRATION AND ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. IF THERE IS NO FEDERAL JURISDICTION, THE RESOLUTION OF THAT CLAIM OR REQUEST FOR RELIEF SHALL BE RESOLVED IN ARKANSAS STATE COURT ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DILLARD’S EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

       16(d): Additional Procedures Applicable to Mass Arbitrations.

       The additional procedures set forth in this paragraph shall apply in the event that you or your counsel elect to resolve your Dispute in connection with 25 or more similar claims against Dillard’s brought by the same or coordinated counsel (“Mass Arbitrations”). You agree that if your Dispute is part of Mass Arbitrations, the adjudication of your Dispute might be delayed. The Mass Arbitrations, including your Dispute, shall be subject to a staged bellwether process and AAA’s Multiple Consumer Case Filing Fee Schedule shall apply. Counsel for the claimants and counsel for Dillard’s shall each select 15 demands for arbitration (per side) (a total of 30 demands for arbitration) to be filed in and to proceed in arbitration in bellwether proceedings to be adjudicated individually (with a different arbitrator for each arbitration). In the meantime, no other demands for arbitration shall be filed, processed, or deemed filed. If the parties are unable to resolve the remaining Mass Arbitrations after the conclusion of the first set of bellwether proceedings, each side may select 15 demands for arbitration (per side) (a total of up to 30 demands for arbitration) to be filed in and to proceed in arbitration in a second set of bellwether proceedings to be adjudicated individually (with a different arbitrator for each arbitration). In the meantime, no other demands for arbitration shall be filed, processed, or deemed filed. This process shall continue in subsequent sets of staged bellwether proceedings consistent with the process outlined above until the parties are able to adjudicate or resolve all remaining claims. Any applicable of statutes of limitations shall be tolled from the time the first demands for arbitration are selected for the first set of bellwether proceedings until a demand for arbitration is selected as part of a set of bellwether proceedings, withdrawn, or otherwise resolved. A court shall have the authority to enforce these Additional Procedures Applicable to Mass Arbitrations and, if necessary, to enjoin the filing or prosecution of arbitrations.

       16(e): Survival and Modifications.

       This Dispute Resolution and Arbitration Section will survive after the Terms of Use terminate or your use of the Site ends. Notwithstanding any provision of these Terms of Use to the contrary, any modifications to this Dispute Resolution and Arbitration Section will not apply to any Dispute to which notice has been provided by Dillard’s or you to the other party.

   17.   Contact. Inquiries regarding these Terms of Use may be directed to:

4.   Severability. Except as otherwise specifically provided, in the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of the remaining provisions of these Terms of Use.
5.   Termination. The obligations and liabilities of the parties incurred prior to the termination of these Terms of Use date shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site, whichever occurs first.

   If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly we may deny you access to our Services (or any part thereof).

6.   Entire Agreement. These Terms of Use, including the documents referenced herein and any policies or operating rules posted by us on this Site or in respect to the Service, contain the entire agreement and understanding between you and us and govern your use of our Site and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). These Terms of Use will be binding upon each party and its successors and permitted assigns. No failure or delay of any party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege hereunder. No agency, partnership, joint venture, and/or employer/employee relationship is intended or created by these Terms of Use. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party
7.   Governing Law and Jurisdiction. These Terms of Use shall be governed by the FAA, federal arbitration law, and the laws of the State of Arkansas. As set forth above, all Disputes shall be resolved through binding individual arbitration or small claims court. To the extent any matter proceeds in court (other than small claims court), the parties agree to the exclusive jurisdiction of Arkansas federal and state courts located in Pulaski County, Arkansas.
8.   Dillard’s Mastercard®. The Dillard’s Mastercard® is issued and administered by Citibank, N.A., pursuant to a license from Mastercard. Mastercard is a federally registered service mark of Mastercard.

We are aware of accounts on social media sites misrepresenting Dillard’s by using “Dillard’s” in their titles/handles/imaging//account names. They are using these infringing posts and accounts to promote various products, including designer items such as handbags and/or totes, and advertise fictitious sales of said merchandise. Some of the social media accounts appear to process orders, which may lead to confusion with customers thinking they are ordering directly from Dillard’s when they are not. Additionally, these false accounts and websites may redirect customers to deceptive and malicious websites or may be used for phishing activity.

These social media accounts are not sponsored by or affiliated with Dillard’s in any way. Please be sure you are on an official Dillard’s social media account before ordering or providing any personal information.

If you have clicked on any links and/or provided any personal information, we recommend you take all necessary precautions to safeguard your personal and financial information. You may wish to contact a credit reporting agency or your bank.

Dillard’s California Transparency in Supply Chain Act Statement 2010

The following describes Dillard’s, Inc.’s (“Dillard’s”) efforts to eradicate slavery and human trafficking from its direct supply chains. Among other measures, Dillard’s:

1. Engages in verification of product supply chains for products imported by Dillard’s to evaluate and address risks of human trafficking and slavery. See Dillard’s Social Accountability Policy and Dillard’s Social Accountability Report for details. Dillard’s utilizes third party inspectors to ensure compliance with Dillard’s Social Accountability Policy;
2. Conducts audits of suppliers of products imported by Dillard’s to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. See Dillard’s Social Accountability Policy and Dillard’s Social Accountability Report for details;
3. Requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. See Dillard’s Social Accountability Policy which is applicable to import vendors. Dillard’s requires all vendors, pursuant to its purchase order terms, to warrant, represent and agree that all merchandise shipped to Dillard’s was manufactured and produced in full compliance with any applicable current, or later adopted, laws of the country of manufacturer governing the use of child labor, illegal forced labor, illegal prison labor or similar illegal working conditions, as well as any other applicable human rights statutes, regulations and laws;
4. Maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and human trafficking for imported products. See Dillard’s Social Accountability Policy and Dillard’s Social Accountability Report for details; and
5. Provides company employees and management, who have direct responsibility for import supply chain management, training on human trafficking and slavery and risks within the supply chains of products. See Dillard’s Social Accountability Policy and Dillard’s Social Accountability Report for details.