Buckle Text Programs Terms & Conditions

Text Program Terms.

By opting in to one or more text messaging programs offered by The Buckle, Inc. ("Buckle") (each and sometimes referred to collectively as a "Buckle Text Program"), You are (i) subscribing and consenting to Buckle's Text Program, which includes receiving ongoing marketing and non-marketing text messages from Buckle, and others texting on Buckle's behalf, that may be sent via an automatic telephone dialing system ("ATDS") or other dialing system to Your mobile number, and (ii) agreeing to these Text Programs Terms & Conditions ("Terms").

Your consent and/or subscription to receive such text messages (including Guest Connect, Delivery Notification, and Applicant Background Check Programs) is subject to these Terms, including the Dispute Resolution provision found below with its arbitration agreement and jury trial and class action waivers, and also is subject to the Privacy Policy at the link below (collectively, the "Agreement"). You are not required to enter into this agreement as a condition to purchasing Buckle products or services. Message and data rates may apply.

Texting Via Other Service Providers.

Buckle's Text Program is comprised of individual programs that offer targeted text messaging in partnership with third-party service providers as follows:

• Guest Connect Program: You may opt in to Buckle's Guest Connect Program by providing Your phone number, consenting to these Terms and Conditions and subscribing to text message communication. By opting in to Buckle's Guest Connect Program, Buckle Teammates may reach out to You regarding Your recent visit, incoming product, fit appointments, alteration and ship to store pickups, upcoming events, etc. These messages will come from a separate ten-digit phone number assigned to an individual Teammate. Reply STOP at any time to the ten-digit phone number from which You received the alerts to stop receiving texts from that phone number.
• Delivery Notification Program via text message: Delivery Notification Program via text message: You will have the opportunity to opt in to delivery notifications for each order at the time You place an order on buckle.com or through your order confirmation email. You may opt in to delivery notifications for all future orders at one time through your account on buckle.com. Delivery notification alerts will be sent from a ten-digit phone number unique to the Delivery Notification Program. Delivery notification alerts are part of the Delivery Notification Program which is separate and distinct from Buckle's other text message programs outlined in these Terms. Because of this, texting STOP to opt out of the Delivery Notification Program will not opt You out of Buckle's other text programs and vice versa. Reply STOP at any time to the ten-digit phone number from which You received the alerts to cancel all future text messages.
• Applicant Background Check Program: Buckle's Applicant Background Check Program allows You to initiate Your background check for employment purposes via a text message with a hyperlink to a background check portal provided by a third party. These text messages come from a unique non-Buckle short code (XXXXX). Therefore, any text messages associated with the Applicant Background Check Program are separate and distinct from Buckle's other text programs. Texting STOP to opt out of the Applicant Background Check Program will not opt You out of Buckle's other text programs and vice versa.
• Marketing Program via text message: Buckle's Marketing Program via text message allows You to opt into receiving marketing and support text messages from us (either through buckle.com or by sending a text message indicating Your consent), and may include cart abandonment messages. Your election to opt in indicates that You acknowledge and sign Your prior express written consent to receive recurring marketing or promotional and support text messages from Buckle (each, a "Text Message") sent through an automatic telephone dialing system. This consent includes Your authorization for us to obtain certain data from You, which may include Your cell phone number, Your mobile carrier's name, and the date, time and content of Your text messages sent to Buckle. This information may be used in accordance with our Privacy Policy and to contact You and provide the services you requested from us. For more information on how we use your information, please read our Privacy Policy. Message frequency varies. You may opt out of receiving any further Text Messages at any time by replying "STOP" to any Text Messages you receive from Buckle. If You are in need of any help, reply "HELP" to any Text Messages you receive, or email textsupport@wunderkind.co.

Note that these service providers may require You to consent to their own texting terms and conditions and/or privacy policies in order to communicate via text.

Your Device and Mobile Number.

You warrant that You have provided Your accurate mobile telephone number to Buckle and that You have authority to consent to receive text messages at that number. Before changing, deactivating, or relinquishing Your mobile phone number, You agree that You will opt out of any applicable text program or notify Buckle of a number change by changing the number on Your profile for the specific text messaging program You opted into or by calling Buckle Guest Services. Failure to do so constitutes a material breach of these Terms. You agree that, if You discontinue the use of Your mobile telephone number without notifying us of such change that You will be responsible for all costs (including attorneys' fees) and liabilities incurred by Buckle, or any party that assists in the delivery of the text messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of Your agreement to participate in any of Buckle's Text Programs.

MESSAGE AND DATA RATES MAY APPLY. Check with Your mobile carrier for details.

Wireless Carriers.

You must have a wireless device of Your own capable of 2-way messaging, use a participating wireless carrier, and subscribe to wireless service with text messaging service. Please consult Your service agreement with Your wireless carrier to determine Your phone's pricing plan. Buckle will not be responsible for any text messaging or wireless charges incurred by You or any person that has access to your wireless device or telephone number. Buckle's Text Programs may not be available with all wireless carriers. If Your mobile carrier is not supported, You will not receive a reply to Your text messages. Some carriers may not support some services at the prices offered. Pre-paid users may not be able to participate. Neither Buckle nor Carriers are not liable for delayed or undelivered messages.

---

Legal Terms.

1. Indemnification. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD BUCKLE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY BUCKLE OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM BUCKLE ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. You also agree to indemnify, defend and hold harmless Buckle, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of Your breach of any of these Terms.
2. Warranty Disclaimer. Buckle's Text Programs are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by Your wireless carrier. Buckle will not be liable for any delays or failures in the receipt of any text messages connected with Buckle Text Programs. Delivery of text messages is subject to effective transmission from Your wireless carrier/network operator, and is outside of our control.
3. Participant Age. Children under the age of 13 may not participate in Buckle Text Programs, and parents or legal guardians may not agree to these Terms on their behalf. If we become aware that a child under 13 has enrolled or attempted to enroll in a Buckle Text Program, we will instruct the third party provider to remove the information from its files. If You are under the age of 18 but at least 13 years of age, You may participate only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If You are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that You are fully responsible for his or her participation, including, without limitation, all legal liability that he or she may incur.
4. Privacy Policy. We respect Your privacy. We will only use information You provide to transmit Your text messages and respond to You, if necessary. This includes sharing information with Buckle Text Program providers, message content providers, phone companies, and vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH PROGRAMS TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When You complete forms online or otherwise provide us information, You agree to provide accurate, complete, and true information. If in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or You have opted into Buckle Text Programs for an ulterior purpose, we may refuse You access and pursue any appropriate legal remedies.
   This Privacy Policy is strictly limited to Buckle's Text Programs and has no effect on any other privacy policy(ies) that may govern the relationship between You and us in other contexts, including but not limited to Buckle's Privacy Policy.
5. Governing Law.This Agreement shall be governed by the laws of the State of Nebraska, without reference to conflict of laws principles. Any suit to enforce this Agreement shall be brought exclusively in the State and U.S. District Courts located in Nebraska, and You and Buckle hereby submit to the personal jurisdiction of such courts and waive any venue objection.
6. Dispute Resolution. Except where prohibited by law, You agree (i) to waive the right to trial by jury and the ability to participate in a class action, (ii) that any dispute with Buckle regarding Buckle Text Programs will be resolved through negotiation with Buckle, and if agreement cannot be reached through negotiation, resolution will be sought on an individual basis only through binding arbitration in the State of Nebraska as conducted by the American Arbitration Association, JAMS, or any other company selected by mutual agreement of You and Buckle, and (iii) that the laws of Nebraska will govern the substantive resolution of the matter. No arbitration under these Terms will be combined with any other arbitration.
7. Miscellaneous. You warrant and represent to us that You have all necessary rights, power, and authority to agree to these Terms and perform Your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place You in breach of any other contract or obligation. The failure of You or Buckle to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be eliminated or limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time, through updating the online version of these Terms. Should there be a material change to these Terms, Buckle will provide notice of such change via update to these Terms on buckle.com or text messaging, and such text notices shall be in addition to the general marketing and non-marketing text messages under the Buckle Text Programs. You acknowledge Your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in Buckle's Text Programs after any such changes, You accept these Terms, as modified.

Effective Date: June 22, 2023