Madewell Text Messaging Program
Terms & Conditions

Madewell is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA.

These Madewell Text Messaging Program Terms & Conditions ("Messaging Terms") apply to your use of Madewell Inc.'s ("Madewell," "we" or "us") text messaging program (the "Program"). Your participation in the Program constitutes your express consent to receive messages directly from Madewell associates and/or recurring automated promotional messages (e.g., SMS and MMS) at the mobile number you provided, including messages that may be sent using an automatic telephone dialing system or other third-party service provider. By signing up for the Program, you agree to these Messaging Terms and the Madewell Terms of Use, which are incorporated by reference. If you do not agree to these terms, you must immediately discontinue your participation in the Program by following the cancellation instructions below.

Participating Carriers

We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, Advantage Cellular (DTC Wireless), AIO Wireless/Cricket, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, Cablevision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, Cooper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (Iowa Wireless), Immix (Keystone Wireless), Illinois Valley Cellular (IV Cellular), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom, MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Communications Systems (PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Southern Linc, SRT Wireless, Texas RSA 3 Ltd (Plateau Wireless), Thumb Cellular, Union Telephone Company (Union Wireless) United Wireless, Viaero Wireless, and West Central Wireless (5 Star Wireless).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel your participation in the Program. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Madewell and its service providers will have no liability for failing to honor such requests. In the event we offer multiple text messaging programs, your cancellation request will apply only to the program linked to the shortcode you text STOP, END, CANCEL, UNSUBSCRIBE or QUIT. You may continue to receive text messages from Madewell through other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to receive customer care contact information.

Privacy

For information about Madewell's privacy practices, please review the Madewell Privacy Policy. California consumers, see our notice of financial incentive.

Customer Care

If you are experiencing any problems, please email us at contactus@madewell.com or call us at 866-544-1937.

Contact

a) General. In the interest of resolving disputes between you and Madewell in the most expedient and cost effective manner, you and Madewell agree that any dispute arising out of or in any way related to these Messaging Terms or your receipt of text messages from Madewell or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Madewell or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Madewell ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

b) Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Madewell to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

c) Arbitrator. Any arbitration between you and Madewell will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Madewell. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d) Notice; Process. If you or Madewell intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Madewell address for Notice is: 225 Liberty Street, New York, NY 10281, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Madewell will make good faith efforts to resolve the claim directly, but if you and Madewell do not reach an agreement to do so within 30 days after the Notice is received, you or Madewell may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Madewell must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

e) Fees. If you commence arbitration in accordance with these Messaging Terms, Madewell will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Madewell for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Madewell agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Madewell made within 14 days of the arbitrator's ruling on the merits.

f) No Class Actions. YOU AND MADEWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Madewell agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

g) Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Madewell makes any future change to this arbitration provision, other than a change to Madewell address for Notice, you may reject the change by sending us written notice within 30 days of the change to Madewell address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Madewell.

h) Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.