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Five Below Privacy Policy

Effective Date: January 1, 2023

This Privacy Policy describes how Five Below, Inc. (“Five Below,” “we,” “our,” or “us”) collects, uses, shares, or otherwise processes information about you, including why we process your personal information and your choices with respect to your personal information. This Privacy Policy applies to your use of our website and mobile application (“App”) and all features, content, and other services that we own, control, and make available through our website or App (collectively, the “Service”) regardless of how you access the Service.

By using the Service, you agree to our activities as described in this Privacy Policy (and in any additional privacy statements that may be applicable to the Service). If you do not agree, please discontinue your use of the Service.

1. Personal Information We Collect

“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. Personal Information does not include information that is publicly available, de-identified, or aggregated. We collect your Personal Information in multiple ways, including when you directly provide it to us and by using certain technologies that collect it automatically.

Personal Information You Provide to Us

We collect information you provide to us via the Service. For example, we collect Personal Information when you register for an account, purchase products (including when you check out as a guest), sign up for our emails, complete a survey, interact with us on social media, participate in an online promotion, apply for a job, and contact customer relations.

Personal Information We Collect Automatically about You

We, and our “Partners” – the vendors, service providers, and other third parties we choose to work with – may automatically collect certain information about you when you use the Service (“Usage Information”). This Usage Information may include your IP address; device identifier; advertising identifier; browser type; operating system details; and information about your use of the Service, such as the time and duration of your visit and how you arrived at and used our Service.
The methods that we and our Partners may use to collect Usage Information include cookies, web beacons (also known as tracking pixels), embedded scripts, and other tracking technologies (collectively, “Tracking Technologies”) to collect information about your interactions with our Service or the emails we send you, including information about your browsing and purchasing behavior. These Tracking Technologies may include:

• Cookies: A cookie is a small text file stored on a user’s device. We use both session ID cookies and tracking cookies. Session ID cookies make it easier for you to navigate our Service and expire when you close your browser. Tracking cookies help us understand how you use the Service and enhance your user experience. Tracking cookies may remain on your hard drive for an extended period of time. You may be able to set your browser to block or refuse cookies, but some portions of our Service may not work properly if you refuse cookies. Also, disabling cookies may invalidate our opt-outs that use cookies to identify devices that have opted out.
• Web Beacons (Tracking Pixels): Web beacons are small graphic images embedded in web pages or email messages. Web beacons may be used to count the number of visitors to our Service, to monitor how users navigate our Service, and to count content views.
• Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with our Service. It is temporarily downloaded onto your computer from our web server or the web server of one of our Partners, is active only while you are connected to our Service, and then deleted or deactivated thereafter.
• Device Recognition Technologies: These technologies, including the application of statistical probability to data sets as well as linking a common unique identifier to different device use (for example, Facebook ID), attempt to recognize or make assumptions about users and devices (for example, that a user of multiple devices is the same user or household).

Our Tracking Technologies and your choices about them are further explained in “Analytics Services, Advertising, and Online Tracking” at Section 7 and “Your Choices” at Section 8 below, so that you can better understand these technologies and make meaningful decisions about how you want them used to collect your Usage Information.

Information We Collect About Your Location

Our Service may access and collect your geolocation information to facilitate our provision of the Service, such as to provide you with information about stores near you. We also may use information about the location of the device you are using to help us understand how our Service is being used and to deliver more relevant advertising. For most mobile devices and computers, you are able to block access to your location through your device or web-browser settings.
If you download or use our App, and you agree to share your location information with us and to receive push notifications from us, we will be able to use your location information to send you customized notices, offers, and coupons.

Personal Information from Other Sources

We may also obtain Personal Information about you from other sources and combine that with information we collect directly about you. For example, we may obtain your Personal Information when someone purchases a gift for you or refers our Services to you. Under some circumstances, we may obtain Personal Information from other businesses that sell or otherwise make available such information. When submitting information to another company, website, app, or service, you are subject to their terms of use and privacy policies.

2. Use of Personal Information

We may use your Personal Information for any purposes consistent with our statements in this Privacy Policy or as allowed by applicable law, including the following examples:

Product and Service Fulfillment

• Fulfill and manage purchases, orders, and returns/exchanges
• Respond to requests for information about our products and services
• Connect with you regarding customer service
• Administer sweepstakes and contests

Marketing Purposes

• Deliver coupons, digital receipts, emails, mobile messages, and social media notifications
• Provide interactive features, such as product reviews, marketing communications, and other information regarding products, services, and promotions
• Administer promotions, surveys, and focus groups
• Send you advertisements and communicate with you regarding our products, services, offers, promotions, rewards, and events, and those of others, that we think you might be interested in (for information about how to manage these communications, see “Your Choices” at Section 8)

Internal Operations

• Improve the effectiveness of our Service, stores, products, and marketing efforts
• Conduct research and analysis, including focus groups and surveys
• Complete other business activities as needed
• Send you technical notices, updates, security alerts, and support and administrative messages
• Register and service your account
• Facilitate and personalize your online experience
• Process employment applications

Legal Compliance and Fraud Prevention

• Prevent fraudulent transactions, monitor against theft, and otherwise protect our guests and our business (for example, by informing you of product recalls)
• Assist law enforcement or respond to legal/regulatory inquiries

3. Sharing of Personal Information

Any of the categories of Personal Information we collect may be disclosed to our Partners in connection with their work on our behalf relating to any of the purposes for which we collect Personal Information. The purposes for which we share your Personal Information include:

• To provide you with products and our Service, such as when we use a customer relations vendor to respond to your inquiries, a developer to improve our App, or payment processor to complete your purchases and process payments, including certain stored tokenized payment card information for future transactions
• For marketing and advertising
• For analytics, and to improve our Service, products, advertising, and marketing
• To protect rights, property, life, health, security, and safety
• To negotiate or complete any proposed or actual merger, purchase, sale, or any other type of acquisition or other transaction, including a transfer of all or a portion of our business to another company
• To comply with the law, law enforcement, other legal process, or in response to a government request
• For any purpose disclosed elsewhere in this Privacy Policy or at the time we collected your Personal Information
• For any other purpose consistent with our statements in this Privacy Policy or allowed by applicable law
• With your consent or at your direction

4. Sweepstakes, Contests, and Promotions

We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”), including jointly sponsored Promotions, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to others, such as for administrative purposes and as required by law (for example, for inclusion on a winners list). In addition, by entering, you agree to the official rules that govern that Promotion and may, except where prohibited by applicable law, allow us, the sponsor(s), or others to use your name, voice, or likeness in advertising or marketing materials.

5. Unaffiliated Services and Social Features

Our Service may include hyperlinks to websites, platforms, applications, or other services operated by other parties (“Unaffiliated Service(s)”). These Unaffiliated Services may use their own Tracking Technologies to collect information about you and may solicit Personal Information from you.

Certain features of our Service permit you to interact with social media networks operated by other parties, for example “liking” or “following” us or our products or logging into our Service using your Facebook or Google account (“Social Features”). If you choose to “like” or share content or post information using Social Features, that information may be publicly displayed, and the party operating the social media platform may receive information about you and your use of our Service. Similarly, if you interact with us through Social Features, we may have access to information about you from the social media platform. In addition, we may track when you like us, follow us, or share our content through Facebook, Twitter, or other social networking platforms.

Please note that if you mention Five Below, or comment about or in response to us, in your post on a social media platform, that platform may allow us to publish your post. The information processed by Unaffiliated Services remains subject to their privacy practices. You should review their terms, policies, and settings of these platforms to learn more about their data practices and adjust your own settings accordingly.

6. Analytics Services, Advertising, and Online Tracking

We may use certain third-party web analytics services to help us understand and analyze how visitors use our Service and to serve advertisements on our behalf across the Internet. We may use this information to analyze and track user data, better understand users’ online activities, determine the popularity of certain content or products, and deliver advertising targeted to user interests. Some information about your use of our Service and other websites and services may be collected using Tracking Technologies across time, services, and devices and used to deliver relevant ads to you on our Service or on other websites and services (“Interest-Based Ads”). In addition, we may participate in online advertising networks and exchanges that display relevant ads to our users on and off our Service based on their interests as reflected in profiles we and others create from collected information.

Your browser settings may allow you to transmit a “Do Not Track” signal automatically when you visit various websites or use online services. Like many websites, our Service is not designed to respond to “Do Not Track” signals received from browsers.

7. Your Choices

Updating Your Personal Information

You may correct or update Personal Information you have submitted to us by contacting us at privacy@fivebelow.com. We will make a good faith effort to make the changes in Five Below’s active databases as soon as practicable.

Mobile App

You may be able to enable or disable certain permissions and features by adjusting the permissions in your device. For example, you can opt out of push notifications or of sharing your location information by adjusting your mobile device settings. Changing your permission settings may affect your ability to access or use certain features of our App.

If you no longer want to provide us information through our App, you may uninstall the App from your device(s). Note that deleting our App will not delete your user account or any Personal Information we previously collected, nor does it affect our collection of your Personal Information elsewhere (for example, on our website).

Disabling Tracking Technologies

Commercial browser settings may allow you to disable, remove, or block certain Tracking Technologies. Browsers offer different features and options, so you will need to set them separately. Please be aware that if you disable or remove Tracking Technologies some parts of our Service may not work and, when you revisit the Service, your ability to limit browser-based Tracking Technologies will be subject to your browser settings and limitations at the time of your visit to the Service. Some other companies also may offer you choices regarding their Tracking Technologies. Five Below is not responsible for the completeness or accuracy of these options.

Analytics Services and Interest-Based Ads

Five Below may use Google Analytics or other chosen Partners for analytics services. We have implemented Google Analytics Advertising Features, such as advertising reporting and personalization. We and our Partners may use first-party cookies or identifiers as well as third-party cookies or identifiers to analyze how our visitors use our Service and to understand user behaviors or preferences. For example, we may use information about how visitors search for and find products to better organize and present product offerings in our storefront. We leverage these analytics to obtain aggregate data about Service traffic and interactions, identify trends, and obtain statistics so that we can improve our Service.

For more information about how Google Analytics uses the data it collects, visit http://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit https://tools.google.com/dlpage/gaoptout or download the Google Analytics Opt-Out Browser Add-On. To find out more about how third-party analytics services manage the privacy of information in conjunction with delivering Interest-Based Ads online and how to opt out of information collection by these networks, visit http://www.youradchoices.com and http://www.networkadvertising.org.

Advertising cookies collect information to help better tailor ads to your interests. Refusing these cookies does not result in you seeing no ads but will likely result in you seeing advertising that may be less interesting to you. You may choose whether to receive certain Interest-Based Ads by submitting opt-outs. Some of our Partners that perform advertising-related services may participate in the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising. To learn more about DAA and how you can exercise certain choices regarding Interest-Based Ads, visit http://www.aboutads.info/choices and http://www.aboutads.info/appchoices. Some of these companies may also be members of the Network Advertising Initiative (NAI). To learn more about the NAI and opt-out choices for their members, see http://www.networkadvertising.org/choices. We are not a member of the DAA or NAI and are not responsible for the effectiveness of any opt-out choices or programs, the accuracy of any statements regarding how the opt-outs work, or how others manage their opt-out processes.

In addition, we may serve ads that are targeted to reach users on other services who are also identified as users of our Service. This is done by matching common factors between our databases and the databases of Unaffiliated Services. We are not responsible for the practices of these Unaffiliated Services or for their failure to comply with opt-out instructions or to provide us with notice of your opt-out choices made using their services.

Communications

You may opt out of receiving promotional emails from us at any time by clicking on the unsubscribe link in our emails or by sending an email to us here with the word UNSUBSCRIBE in the subject field of the email. Please note that your opt-out is limited to the email address used and will not affect subsequent subscriptions or non-promotional communications, such as administrative and service announcements or information about your purchases.

8. California Privacy Rights

California residents can learn more about their privacy rights by reviewing our California Privacy Notice

9. Virginia Privacy Rights

This Section supplements the other parts of our Privacy Policy, and provides additional information for Virginia consumers, including how to exercise their rights under the Virginia Consumer Data Protection Act (“VCDPA”).

A. Additional Information about Certain Data Uses

Targeted Advertising. We may process your Personal Information for targeted advertising (as the term is defined in the VCDPA). To opt out, please click Change your cookie preference here.


B. Making a Privacy Rights Request

If you are a resident of Virginia, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request through our webform. Please note that we will need to authenticate your identity before your request can be processed. For authentication, you will be asked to provide 2-3 pieces of Personal Data that we will match against our records.

Right to Access and Data Portability. You have the right to confirm whether we are processing your Personal Information, to access your Personal Information, and to obtain a copy of Personal Information you provided to us in a portable format.

Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes for processing it.

Right to Delete. You have the right to request that we delete your Personal Information.

Right to Opt Out. You have the right to opt out of the following uses of your Personal Information: (a) targeted advertising; (b) the sale of Personal Information; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use your Personal Data in ways that qualify as sales or profiling under the VCDPA. To opt out of targeted advertising, please submit a request as outlined above.

Right to Appeal. Sometimes we are unable to process requests relating to your Personal Information, in which case, your request will be denied. If you are a resident of Virginia whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our webform.

Please note that if you make a privacy rights request, we will retain the Personal Information submitted in connection with your request for recordkeeping purposes.

10. Nevada Privacy Notice

Nevada law allows residents to opt out of the sale of certain Personal Information, called “covered information.” Five Below does not sell covered information as defined under Nevada law, and we have no plans to change that practice. If you want to be notified if we begin selling Nevada covered information, please contact us as provided below.

11. Children’s Privacy

Our Service is not intended for children to use, and we do not knowingly collect Personal Information from children. If we learn that we have received Personal Information from a child, we will delete the information in accordance with applicable law.

12. International Users

Five Below is based in the United States. If you are accessing the Service outside of the United States, please be aware that Personal Information collected through the Service may be transferred to, processed in, and stored in the United States. By using the Site and providing your Personal Information, you acknowledge that your Personal Information may be transferred to and processed in jurisdictions other than your own. Data protection laws in the United States are likely to be different from those of your country of residence.

13. Security of Your Personal Information

We recognize that our data practices can affect our users and take suitable measures in accordance with recommended industry standards and best practices to help protect your Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Our security measures include appropriate privacy and data protection training for our employees and regular risk audits. Nevertheless, transmission via the Internet is not completely secure, and we cannot guarantee the security of your information collected through the Service. If a security incident affects user Personal Information, Five Below will notify its users as and when required by applicable law.

14. Our Retention of Your Personal Information

We retain your Personal Information for no longer than is necessary to achieve the purposes for which the Personal Information was collected, or as may otherwise be permitted or required under applicable law. To determine an appropriate retention period, we will consider the scope and sensitivity of the Personal Information; the potential risk of harm from unauthorized access to, use, or disclosure of the information; the purposes for which we process the information; whether we can achieve our purposes through other means; our business needs; and applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period, we will either anonymize or securely destroy your Personal Information.

15. Changes to this Privacy Policy

We will revise and reissue this Privacy Policy when our practices change. Any changes will be effective immediately upon posting the revised Privacy Policy, and your continued use of the Service indicates your consent to the privacy policy posted at the time of your use and our practices described. You are encouraged to review our privacy policy regularly.

16. Contact Us

We aim to be transparent about our privacy practices and our processing of your Personal Information. For any questions about this Privacy Policy, or for requests relating to your Personal Information, you may contact us by email at privacy@fivebelow.com or by postal mail at Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attn: Compliance Department).

Terms of Service

**Effective Date: July 15, 2020. These Terms of Use (“Terms”) set forth a legally binding agreement between you and Five Below, Inc. (“Five Below”, “we”, “our”, or “us”), and govern your use of any website or other online service location (including any affiliated sub-domain and mobile applications and sites) that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such website, or online service location (collectively, the “Service”). By using the Service, you accept these Terms, and consent to the collection, use, and sharing of your data and other activities as described in our Privacy Policy. In some instances, both these Terms and separate terms will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise. To download or print our Terms, click here. You can click on the following table of contents headings to link to the applicable sections of these Terms:

• Service Use
• Product Specifications, Terms of Sale, Shipping, Risk of Loss and Returns
• Submissions and User
• Copyright Infringement and DMCA Policy
• Customer Support
• Third-Parties
• Service Features
• Dispute Resolution
• Disclaimer of Representations and Warranties
• Limitations of Our Liability
• Waiver of Injunctive or Other Equitable Relief
• Indemnification
• Updates to Terms
• General Provisions

1. Service Use

(a) Accounts. Certain features of the Service may require you to register an account or check out as a guest. When you register an account or check out as a guest, and each time you log-in to your account thereafter or make a purchase on the Service, you represent that you are at least the age of majority in the place where you reside and agree: (i) to these Terms, and any applicable Additional Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy; (ii) you will provide and keep accurate, current, and complete information about yourself; (iii) you will not use a user name or e-mail address that violates the intellectual property or other right of any third party, or is offensive; (iv) you are solely responsible for all activities that occur under your account– whether or not you authorized the activity; (v) you will abide by the Service and Content (defined below) use restrictions set out in these Terms and any applicable Additional Terms; (vi) you are solely responsible for maintaining the confidentiality of any username password you provide and will not transfer or share your username or password with any third party; (vii) you will immediately notify us if your username or password is lost or stolen, of any unauthorized use of your account, or of any other breach of security, but accept that we are not responsible for thereafter stopping or preventing unauthorized use and you remain responsible for all activities that occur in connection with your account; and (viii) as permitted by applicable law, we will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations. We reserve the right to reject, suspend or terminate accounts, user names and to account activities and transactions.

(b) Content. The Service contains: (i) materials and other items relating to Five Below and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Five Below; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Five Below or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

(c) Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Five Below grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other Internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Five Below’s sole discretion, and without advance notice or liability.Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

1. Mobile Application

Subject to your compliance with these Terms and the Additional Terms, Five Below grants you a limited non-exclusive, non-transferable license to use the Five Below mobile application and to access the Five Below Service via a single mobile device or computer that you own or control and to run such copy of Five Below mobile application solely for your own personal use. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Five Below mobile application in any way; (ii) modify or make derivative works based upon the Service or Five Below mobile application; (iii) create Internet “links” to the Content or “frame” or “mirror” the Five Below mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Five Below mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Five Below mobile application, or (c) copy any ideas, features, functions or graphics of the Service or Five Below mobile application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Five Below mobile application.

ii. App Store Sourced Application With respect to any application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you agree that you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) ; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Five Below reserves all rights in and to the application not expressly granted to you under these Terms and the Additional Terms. You acknowledge and agree that (i) these Terms and the Additional Terms are valid between you and Five Below only, and not Apple, and (ii) Five Below, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Five Below and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Five Below. You acknowledge that, as between Five Below and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Five Below and Apple, Five Below, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and the Additional Terms. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the Additional Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms and the Additional Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other provisions of these Terms and the Additional Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

(d) Restrictions. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.You further agree that you will not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Five Below; (iii) harvest any information from the Service; (iv) reverse engineer or modify the Service; (v) interfere with the proper operation of or any security measure used by the Service; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.

(e) Children and Minors. You are only permitted to open an account or engage in transactions with us (e.g., purchase products) if you are of the age of majority in the place where you reside. Minors over the age of 13 years of age may browse all parts of the Service under the supervision of a parent or guardian who is deemed the user and responsible for their minor’s use of the Service. The Service is intended for a general audience and are not directed to children under thirteen (13) years of age, except that there may from time to time be specially “All Ages” or “Kids” designated portions of the Service that will be subject to different privacy practices. For more information, and for how parents can report a child under thirteen's (13) submission of personal information to us, see the “Children’s Privacy” section of our Privacy Policy.

(f) Availability and Termination. Five Below may immediately suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Five Below’s sole discretion, and without advance notice or liability.Upon suspension or termination of your access to the Service, or upon notice from Five Below, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination, including sections on Service Use (except for the limited license), Submissions, Copyright Infringement and DMCA Policy, Customer Support, Third-Parties, Service Features, Product Specifications and Risk of Loss, Dispute Resolution, Disclaimer of Representations and Warranties, Limitations of Our Liability, Waiver of Injunctive or Other Equitable Relief, Indemnification, Updates to Terms, and General Provisions,will survive.

(g) Reservation of All Rights. All rights not expressly granted to you are reserved by Five Below and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Service for any purpose is prohibited.

2. Product Specifications, Terms of Sale, Shipping, Risk of Loss and Returns.

(a) e-Gift cards. e-Gift cards made available through the Service are sold via a Third-Party Service (defined below) we link to (“e-Gift Card Vendor”) and its terms and conditions of use and sale and privacy policy will apply to the use of that site and transactions on it. Risk of loss and title transfers to the purchaser pursuant to the e-Gift Card Vendor and all issues relating to sale and delivery are between you and the e-Gift Card Vendor. In addition, the use of the e-Gift cards are subject to our Additional Terms made available at the point of purchase and as part of the e-Gift card collateral materials. e-Gift cards and plastic gift cards are redeemable at Five Below stores and fivebelow.com for merchandise only. Not redeemable for cash, except as required by law (e.g., in CA if balance less than $10). Card will not be replaced if lost or stolen. For card balance call 888-892-3813 or visit www.fivebelow.com. As permitted by applicable law, after 24 consecutive months of inactivity, a $2 per month service fee will be charged ($1 per month in California only on cards with a balance of $5 or less) until gift card is reused or the balance is exhausted. Gift Card purchases, use, ownership and redemption are also subject to Five Below’s terms of use as to Five Below, and, as to the e-Gift Card Vendor as the direct seller to you of the gift card, its terms and conditions.

(b) Product Specifications and Terms of Sale. Product specifications, pricing, availability and other content on the Service may not be complete, accurate, reliable, current, or error-free.In the event of any errors, Five Below has the right to refuse or cancel any orders in its sole discretion. In addition, an order placed by you is an offer to purchase that is only accepted by us when we proceed to confirm the order is correct and acceptable and ship the product. Any confirmation of your order prior to shipment is merely a confirmation of receipt of your offer to purchase and prior to shipment we can refuse an order.If we charged your account prior to acceptance or cancellation, we will issue a credit to your account in the amount of the charge. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. If a product you ordered is not available for shipment within thirty (30) days of your order, we will cancel your order and refund your purchase amount, unless we elect to make it available to you on “back order” terms and you accept those terms. Five Below strives to depict as accurately as possible the colors of the products shown on the Service; however, Five Below cannot and does not guarantee that your monitor’s display of any color or other visual representation of a product will be accurate. If a product you purchased from Five Below is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to our return policies. We reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, on particular products and promotions and on orders that use the same billing or shipping address. Other Additional Terms may apply.

(c) Shipping Policies and Risk of Loss. For information regarding our shipping policies and fees, please see our Shipping Information, as may be modified by applicable Additional Terms (e.g., special free shipping offers). All items purchased from the Service are made pursuant to a shipment contract.This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Applicable Additional Terms may apply. (d) Returns & Exchanges. If you are not fully satisfied with your purchase, you may return it in accordance with our Return & Exchange Policy. For information regarding our return policies, please see our Return & Exchange Policy, as may be modified by applicable Additional Terms (e.g., terms for close outs and product-specific offer terms).

3. Submissions and User Content.

The Service may allow you to submit content to us via the Service, including feedback and comments to us regarding your use of the Service, including content that is posted on the Service for public display to other users and content that you may send us through communications with us (“Submissions”). You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name in connection with your Submissions and derivatives thereof. You agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions. You agree that your Submissions will not: (i) promote any political or commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii) use racially or ethnically offensive language; (iv) discuss or incite illegal activity; or (v) infringe any intellectual property or other right of any third party. Five Below may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your Submissions, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of publicly posted Submissions without notice or any liability to you or any third party in connection with our operation of Submissions venues in an appropriate manner.Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such publicly posted Submissions submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such Submissions on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display. Click here for more information. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user.We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you discover any content on the Service that violates these Terms, then you may report it to us here. For alleged infringements of intellectual property rights, see the next section immediately below.

4. Copyright Infringement and DMCA Policy

Five Below respects the intellectual property rights of others, and expects those who use the Service to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement in the U.S.A., please notify Five Below of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2), named below: • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Our designated Copyright Agent to receive DMCA Notices is: Ronald J. Masciantonio Copyright Agent of Service Five Below, Inc. 701 Market Street, Suite 100 Philadelphia, PA 19106 Phone: 1-215-867-0538 Contact by e-mail here Return to Navigation

5. Customer Support

If you have any questions, please send an e-mail to us here. You acknowledge that the provision of support is at Five Below’s sole discretion and that we have no obligation to provide you with customer support of any kind.All legal notices to us must be mailed to: Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attention: Legal Counsel). When you communicate with us electronically, you consent to receive communications from us electronically.You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Return to Navigation

6. Third-Parties

(a) Third Party Content and Sites; Advertisements. The Service may contain, link to or may interact with third party content that is not owned, controlled or operated by Five Below (collectively, “Third-Party Services”). We may also host our content on Third-Party Services. Five Below neither endorses nor controls such Third-Party Services, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third-Party Services, or for the results to be obtained from using them. If you choose to access any such Third-Party Services, you do so at your own risk. (b) Dealings with Third Parties. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Service are solely between you and the third party. You hereby agree to indemnify Five Below against all claims, injury and/or damages including attorneys' fees that arise out of your use of any Third-Party Service.

7. Service Features.

(a) Wireless Features. The Service may offer features that are available to you via your wireless Device including the ability to access the Service’s features and upload content to the Service, and receive messages from the Service (collectively, “Wireless Features”).By using the Service, you agree that Five Below may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service.Data rates and other carrier fees may apply.

(b) E-mail Messages. You can opt out of receiving promotional e-mails from us by following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail.This will not affect subsequent subscriptions and if your opt out is limited to certain types of e-mails the opt out will be so limited. We reserve the right to send you e-mails relating to your account or use of the Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt out from receiving our promotional e-mail.

(c) Sweepstakes, Contest and Promotions. Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Site may be governed by a separate set of rules or other Additional Terms that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of Submissions, and disclosures about how your personal information may be used. It is your responsibility to read these Additional Terms to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to the Promotion’s official rules and other applicable Additional Terms, and you agree to comply therewith and the decisions of the identified sponsor(s) and judge(s). Return to Navigation

8. Dispute Resolution

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.You and Five Below agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.This Section can only be amended by mutual agreement. (a)Binding Arbitration. If any controversy, allegation, or claim relates in any way to your use of the Service, including without limitation our privacy practices related to the Service and offers made on and transactions and communications conducted through the Service(collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or these Terms, you or we may seek injunctive or other appropriate relief in any state or federal court in the State of Pennsylvania, subject to Section 11. If an in-person arbitration hearing is required, it shall be held in the closest metropolitan statistical area (as defined by the U.S. Census Bureau) to your place of residence.You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction with respect to such arbitration terms, and in and to the state and federal courts of Pennsylvania. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association; these Terms shall otherwise be construed in accordance with the internal laws of the State of Pennsylvania without regard to Pennsylvania’s choice of law principles.If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. (b) Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.YOU AND FIVE BELOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Disclaimer of Representations and Warranties.

AS PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU ON AN “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER FIVE BELOW NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FIVE BELOW PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THIS SECTION IS NOT INTENDED TO LIMIT WARRANTIES PROVIDED BY MANUFACTURERS OR EXPRESS REPRESENTATIONS OR CONTRARY STATEMENTS IN THE TERMS OR APPLICABLE ADDITIONAL TERMS OR LIABILITY FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY US.

10. Limitations of Our Liability.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FIVE BELOW PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR FIVE BELOW HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. AS PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. THIS SECTION IS NOT INTENDED TO LIMIT WARRANTIES PROVIDED BY MANUFACTURERS OR EXPRESS REPRESENTATIONS OR CONTRARY STATEMENTS IN THE TERMS OR APPLICABLE ADDITIONAL TERMS OR LIABILITY FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY US.

11. Waiver of Injunctive or Other Equitable Relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY FIVE BELOW OR A LICENSOR OF FIVE BELOW.

12. Indemnification

You agree to defend, indemnify and hold harmless Five Below from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your use of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. Five Below reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Five Below’s defense of any claim. You will not in any event settle any claim without the prior written consent of Five Below. THIS SECTION IS NOT INTENDED TO LIMIT WARRANTIES PROVIDED BY MANUFACTURERS OR EXPRESS REPRESENTATIONS OR CONTRARY STATEMENTS IN THE TERMS OR APPLICABLE ADDITIONAL TERMS OR LIABILITY FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY US.

13. Updates to Terms.

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. Your continued use of the Service following the posting of revised Terms and any applicable Additional Terms shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to cease using the Service. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service (e.g., prior transactions) will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed.

14. General Provisions.

(a) Consent or Approval. No Five Below consent or approval may be deemed to have been granted by Five Below without being in writing and signed by an officer of Five Below.

(b) Severability; Interpretation; Assignment. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Five Below may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Five Below.

(c) Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service.Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Five Below in exercising any of rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

(d) International Issues. Five Below controls and operates the Service from the U.S.A., and Five Below makes no representation that the Service is appropriate or available for use beyond the U.S.A.You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.Software related to or made available by the Service may be subject to export controls of the U.S.A, and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

(e) Investigations; Cooperation with Law Enforcement. Five Below reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. As permitted by applicable law, Five Below may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

(f) California Consumer Rights and Notices. California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center of the Consumer Information Division of the Department of Consumer Affairs by mail at: 1625 North Market Boulevard, Suite N 112, Sacramento, California, 95834, or by telephone at 800-952-5210.Their website is located at: http://www.dca.ca.gov. Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us here making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

(g) Forward Looking Statements. Any forward-looking statements contained on the Web Site are intended to be made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The words “believes,” “expects” and “anticipates” and other similar expressions which are predictions of or indicate future events and trends and which do not relate solely to historical matters identify forward-looking statements. Such forward-looking statements are subject to risk and uncertainties, which could cause actual results, performance, or achievements of Five Below to differ materially from anticipated future results, performance or achievements expressed or implied by such forward-looking statements. Users are cautioned not to place undue reliance on these forward-looking statements. Some of the risks and uncertainties which may cause the actual results to differ from those projected by such forward looking statements are discussed under the heading “Risk Factors” in our Annual Report on Form 10-K which may be accessed on the internet at www.sec.gov or through the Service. Many of these uncertainties and risks are difficult to predict and beyond management’s control. Forward-looking statements are not guarantees of future performance, results or events. Five Below assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.

California Transparency in Supply Chains Act

Five Below, Inc. and Five Below Merchandising Inc. support the goals of the California Transparency in Supply Chains Act of 2010 and strive to be examples of good human rights and labor practices throughout our business activities. Our partners around the globe make it possible for us to develop and create trend right, WOW product for our customers. As we do not own our manufacturing facilities, we take care in the selection of our vendors, and our process intends to screen out any that don't share our values.

Human Rights in our Business Activities

Our business practices have been governed by integrity, honesty, fair dealing and full compliance with all applicable laws.

International Labor Organization research shows that there are at least 20million victims of forced labour across different industries worldwide and that women and children are particularly vulnerable. This disclosure for the California Transparency in Supply Chains Act (SB-657) outlines the steps we’re taking to prevent human trafficking and modern day slavery in our supply chain, ensuring our vendors meet internationally recognized standards and our vendor requirements.

Although the issue is not new, legislation in California has provided the opportunity for an industry-wide conversation about the steps brands are taking to eliminate human rights violations in their supply chains.

Our stand

We are committed to upholding ethical sourcing practices globally, to protect the lives, freedom and well-being of all individuals who take part in manufacturing our products. Our vendor requirements outline zero tolerance policies, including forced and bonded labour. We require that all work must be completed on a voluntary and legal basis. This means that employees must be free to move and/or resign from their role, be free to leave at the end of their shift or under extenuating circumstances, and employers must not engage in illegal practices that restrict their employees’ freedom of movement.

Verification

We work with industry organizations, stakeholder groups and other brands to evaluate and address risks of human trafficking and slavery. Compliance with our vendor requirements is a pre-condition to start and maintain a business relationship with us. All manufacturing partners are required to uphold our vendor requirements. Facility audits are done by our third party auditing partners.

Supplier Audits

To ensure that our vendors uphold our requirements, we have the right to conduct announced and unannounced audits, as well as follow-up visits and verification. Visits and audits are an opportunity for us to strengthen our relationship, enhance transparency, and work together on preventive actions.

During an audit and any follow up visit, auditors meet with management; tour the site, review documents and interview employees.

Supplier Certification

Our vendor requirements apply to every vendor partnership that we form, and vendors must sign a certificate of compliance before beginning a relationship with us. In our vendor requirements, we also have a zero tolerance policy toward unapproved subcontractors, facilities and homework, and vendors who are not open, transparent and cooperative; this allows us to know who is producing our product, and how it’s being produced. All of our manufacturing partners must abide by the laws of the country in which they are doing business.

Internal Accountability

If forced or bonded labour are found during a facility audit, we will not conduct business with the vendor and we require that they correct the problem immediately. If one of our existing vendors were found to be complicit in any form of forced or bonded labour, we would require the vendor to address and correct the problem immediately, and we would launch an investigation into the issue. Our approach to manufacturing is to establish and maintain long-term partners that share our values and, where applicable, help develop preventive action plans to address and correct issues that arise. In extreme cases of systemic non-compliance or violation of our zero tolerance policies, we reserve the right terminate the business partnership.

Training

We work to protect the integrity of our supply chain by educating our vendors, auditors, and our internal teams about human trafficking and slavery. We engage with industry organizations and other brands to stay abreast of the latest developments, issues and regulations.

We welcome your feedback on our disclosure and our efforts to prevent human trafficking and slavery; please email us at customer.relations@fivebelow.com.

California Consumer Privacy Notice

Store Update (last updated: 8/27/2020)

Dear valued customer,

we're excited to welcome you back into our stores! all stores are open! most store hours are sunday-thursday 11am-7pm and friday-saturday 10am-8pm. to ensure your safety, sometimes we do need to close for extra cleaning. plz check our store locator before making your trip.

we've got your safety covered so you can let go & have fun!

when you visit, rest easier knowing we're taking steps to keep you and our wow crew safe:

CLEANING AND DISINFECTING..

our wow crew follows rigorous cleaning routines using disinfectant, focusing particularly on high-touch surfaces like shopping baskets, registers and door handles.

SOCIAL DISTANCING REMINDERS.

“five is always cool but 6 feet apart is best.” we've rearranged our stores a bit to provide everyone room to keep a safe social distance. our new in-store signage will remind everyone to let go & have fun (and give each other some space).

PERSONAL PROTECTIVE EQUIPMENT, OR PPE.

our stores have all the recommended ppe items to keep us safe. items like gloves, masks and face shields are available for our crew members (and many have opted to sport their own fun, reusable masks!). we've taught the wow crew how to properly use, clean and dispose of their safety gear.

AVAILABLE HAND SANITIZER.

we've got hand sanitizers in several designated areas, including right near the registers for customers to use after completing their purchase.

REDUCED HOURS.

we've scaled our hours back to allow the wow crew extra time to thoroughly clean our stores and restock the products our customers need.

RESPECTING LOCAL GUIDELINES.

we operate all over the country. we're keeping up on federal, state and local laws to ensure we're following guidelines on how best to keep our customers and wow crew safe.