Created with sketchtool. Created with Sketch. Created with Sketch. Created with sketchtool. Created with Sketch. Created with Sketch. Created with Sketch. Created with Sketch. Created with Sketch. Created with sketchtool. Created with Sketch. Created with sketchtool. Created with sketchtool. Created with Sketch. Created with Sketch. Created with sketchtool. Created with Sketch. Created with Sketch. Created with sketchtool. Created with sketchtool. Created with sketchtool. Created with Sketch. Created with Sketch.

PROMOTION DETAILS

$10 Off is valid through 7/28/21 at 11:59PM PT and is valid only in the United States for your first order of $35 or more with Five Below and purchased through Instacart.com, while supplies last. Discount will be applied to the total purchase price for all non-alcohol products, and excludes taxes, service fees, special handling fees and/or other fees; offer cannot be applied to alcohol products. Deliveries subject to availability. Offer will be applied to the total purchase price of all non-EBT eligible items. In order to take advantage of this offer, customers must have a valid account on Instacart.com with a valid form of accepted payment on file. Only one offer per household. Instacart reserves the right to modify or cancel this offer at any time. Offer may not be sold, copied, modified, transferred or used retroactively for prior purchases. Void where restricted or prohibited by law. Offer may not be combined with any other sale, promotion, discount, code, coupon, and/or offer. Offer has no cash value. Instacart is not a retailer or seller. Instacart may not be available in all zip or post codes.

Get to Know Us

FAQs

Click here for FAQs

Contact Us

Click here for details

Five Below Privacy Policy

Effective Date: January 25, 2021

This Online Privacy Policy describes how Five Below, Inc. (“Five Below,” “we,” “our,” or “us” ) collects, uses, and shares information about you, including your choices with respect to that information. This Privacy Policy applies to your use of any website, mobile application (“App”), or other online service location that posts a link to this Privacy Policy, and all features, content, and other services that we own, control, and make available through such website, App, or online service location (collectively, the “Service”) regardless of the device you use to access it. This Privacy Policy does not apply to our information collection activities offline or otherwise outside of the Service or information obtained from third parties (unless otherwise stated below or at the time of collection or to the extent such data is combined with Personal Information we have collected via the Service).
By visiting or otherwise using the Service, you agree to our Terms of Use and consent to our collection, use, and disclosure practices; other activities as described in this Privacy Policy; and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, discontinue use of the Service. You can click on the following table of contents to link to the applicable sections of this Privacy Policy:

  • 1. Personal Information We Collect
  • 2. Use of Information
  • 3. Sharing of Information
  • 4. Sweepstakes, Contests, and Promotions
  • 5. Tell-A-Friend
  • 6. Third-Party Services and Social Features
  • 7. Analytics Services, Advertising, and Online Tracking
  • 8. Your Choices
  • 9. Children’s Privacy
  • 10. Data Security
  • 11. Visitors from Outside the United States
  • 12. Changes to this Privacy Policy
  • 13. Contact Us
  • 1. Personal Information We Collect

    Personal Information You Provide to Us

    We collect information you provide to us via the Service. The information we collect may include “Personal Information,” which is information that identifies you individually, such as your first and last name, email address, phone number, billing address, and shipping address.
    For example, we collect information when you register for an account, check out as a guest, purchase products, subscribe to our emails, complete a survey, participate in an online promotion, apply for a job, contact customer support, or otherwise communicate or transact with us through the Service.

    Information We Collect Automatically


    We and our agents, vendors, consultants, and other service providers (collectively, “Service Providers”) may automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include your IP address; device identifier; Ad-ID; browser type; operating system characteristics; data regarding your local network, including network-connected hardware (for example, computer or mobile device); and information about your use of the Service, such as the time and duration of your visit and how you arrived at and used the Service. To the extent that we combine Usage Information with Personal Information we have collected directly from you via the Service, we will treat the combined information as Personal Information under this Privacy Policy.
    The methods that we and our Service Providers may use to collect Usage Information include:
    Log Information: We may collect information about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and store it in log files.
    Information Collected by Cookies and Other Tracking Technologies: We may use cookies, web beacons (also known as tracking pixels), embedded scripts, and other tracking technologies available now or developed in the future (“Tracking Technologies”) to collect information about your interactions with the Service or emails, including information about your browsing and purchasing behavior. These may include:
    o Cookies: A cookie is a small text file that is 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 the Service and expire when you close your browser. Tracking cookies help us understand how you use the Service and enhance your user experience. 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 opt outs that use cookies to identify devices that have opted out.
    o Web Beacons (Tracking Pixels): Web beacons are small graphic images, also known as Internet tags or clear gifs, embedded in web pages and email messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
    o Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
    o Device Recognition Technologies: Technologies, including application of statistical probability to data sets as well as linking a common unique identifier to different device use (for example, Facebook ID), which attempt to recognize or make assumptions about users and devices (for example, that a user of multiple devices is the same user or household).
    Tracking Technologies and your choices regarding them are explained in “Analytics Services, Advertising, and Online Tracking” at Section 7 and “Your Choices” at Section 8 below, so that your consent to encountering them is meaningfully informed.

    Information from Other Sources

    We may also obtain information about you from other sources and combine that with information we collect about you. To the extent we combine information obtained from third parties with Personal Information we have collected directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Policy. Otherwise, we will not, and this Privacy Policy will not govern information obtained from third parties (even if it is Personal Information). We are not responsible for the accuracy of the information provided by third parties or for third-party practices.

    2. Use of Information

    We may use information (including Personal Information) about you for any purposes not inconsistent with our statements under this Privacy Policy or prohibited by applicable law, including:

    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
    • Conduct a transaction where we collect information required by law

    Marketing Purposes

    • Deliver coupons, mobile coupons, newsletters, digital receipts, emails, mobile messages, and social media notifications
    • Provide interactive features of the Service, 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 and third-party products, services, offers, promotions, rewards, and events we think you may 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, and marketing efforts
    • Conduct research and analysis, including focus groups and surveys
    • Perform other business activities as needed or as described elsewhere in this policy
    • Send you technical notices, updates, security alerts, information regarding changes to our policies, 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, product recalls)
    • Assist law enforcement or respond to legal/regulatory inquiries

    3. Sharing of Information

    Your information, including Personal Information and Usage Information, may be disclosed to our Service Providers in connection with their work on our behalf. We may also share information, including Personal Information and Usage Information, about you as follows:
    • To comply with the law, law enforcement, other legal process, or in response to a government request
    • With our payment processor(s) to complete your purchases and process payments, including certain stored tokenized payment card information for future transactions
    • To protect rights, property, life, health, security, and safety
    • In connection with 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
    • With our affiliates for internal business purposes
    • With our affiliates, business partners, and other third parties for their own business purposes, including direct marketing purposes
    • For a purpose disclosed elsewhere in this Privacy Policy or at the time you provide your information
    • For any other purpose not inconsistent with our statements under this Privacy Policy or prohibited by applicable law
    • With your consent or at your direction
    Please note that we and third parties may convert your Personal Information to non-Personal Information, including through hashing it or substituting a unique identifier for the Personal Information, and we and third parties may use and share that data as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices.

    4. Sweepstakes, Contests, and Promotions

    We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”), including jointly-sponsored Promotions, that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties, such as for administrative purposes and as required by law (for example, 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), and/or other third parties to use your name, voice, and/or likeness in advertising or marketing materials.

    5. Tell-A-Friend

    Additionally, the Service offers you the option to send a communication to a friend. By submitting a friend’s information, you represent that the individual has given you permission to do so. The friend’s Personal Information you provide will be used to facilitate the communication, and your name, contact information, and message may be included in the communication.

    6. Third-Party Services and Social Features

    The Service may include hyperlinks to websites, locations, platforms, applications, or other services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, embedded scripts, and other Tracking Technologies to collect information about you and may solicit Personal Information from you.
    Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include enabling you to send content such as contacts and photos between the Service and a Third-Party Service, “liking” or “sharing” our content, or logging in to the Service using your Third-Party Service account (for example, your Facebook account). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service you use.
    Similarly, if you post information on a Third-Party Service that references the Service (for example, by using a hashtag associated with Five Below in a tweet or status update), your post may be used on or in connection with the Service. Also, both Five Below and the third party may have access to certain information about you and your use of the Service and the Third-Party Service. To the extent we combine information from Third-Party Services with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Policy.
    The information collected and stored by Third-Party Services like Facebook, Instagram, Snapchat, and Twitter remains subject to their privacy practices, including whether they continue to share information with us, the types of information shared, and your choices about what is visible to others on Third-Party Services. We are not responsible for and make no representations regarding the policies or business practices of any third parties or Third-Party Services and encourage you to consult and familiarize yourself with their privacy policies and terms of use.

    7. Analytics Services, Advertising, and Online Tracking

    We may engage and work with third parties to serve advertisements on our behalf on the Service or on Third-Party Services and to provide analytics services about the use of the Service and the performance of our ads and content on Third-Party Services. In addition, we may participate in online advertising networks and exchanges that display relevant advertisements to the Service visitors on the Service, on Third-Party Services, and elsewhere based on their interests as reflected in their browsing of the Service, certain third-party websites, and other locations. These entities may use Tracking Technologies to collect information about you and your activities automatically, such as registering a unique identifier for your device and tying that to your online activities on and off of the Service. We may use this information to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Service and Third-Party Services, and better understand your online activity.
    Some information about your use of the Service, certain third-party websites, and other locations may be collected using Tracking Technologies across time and services and used by Five Below and other parties for purposes such as associating different devices you use and delivering relevant and retargeted ads (“Interest-Based Ads”) to you on the Service or on other websites.
    Your browser settings may allow you to transmit a “Do Not Track” signal automatically to online services you visit. Note there is not yet an industry consensus as to what website operators should do about these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

    8. Your Choices

    Accessing and Changing Information

    You may correct and 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 then-active databases as soon as practicable. We will retain Personal Information as long as reasonably necessary to fulfill the purposes for which the Personal Information is retained or as required or permitted by applicable law.

    App Permissions

    You may be able to enable or disable certain permissions features (for example, allowing the Apps to access your local network) by adjusting the permissions in your device.

    Uninstalling the Apps

    If you no longer want to provide us information through the Apps, you may uninstall them from your device(s).

    Disabling Tracking Technologies

    Commercial browser settings may allow you to disable, remove, or in some instances block certain cookies. Browsers offer different functionalities and options, so you may need to set them separately. Please be aware that if you disable or remove these technologies some parts of the Service may not work, and when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations at that time.
    Some third parties may also offer you choices regarding their Tracking Technologies. Five Below is not responsible for the completeness or accuracy of third-party choice notices or mechanisms.

    Analytics Services and Interest-Based Ads

    Five Below may use Google Analytics or other Service Providers for analytics services. We have also implemented Google Analytics Advertising Features such as advertising reporting and personalization. We and our Service Providers may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to analyze how our visitors use our site to understand customer behavior or preferences. For example, we may use information about how visitors search for and find products to better understand the best ways to organize and present product offerings in our storefront. We leverage these services to obtain aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can improve our site.
    For more information on how Google Analytics uses data collected through the Service, 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.
    Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you. You may choose whether to receive certain Interest-Based Ads by submitting opt-outs. Some of the Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising. To learn more about 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 options for their members, see http://www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain types of Interest-Based Ads, you may continue to receive other types of Interest-Based Ads. Opting out only means that those selected members should no longer deliver certain Interest-Based Ads to you but does not mean you will no longer receive any targeted content and/or ads (for example, from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser, or use a non-browser-based method of access (for example, our App), your browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising, but we are not a member of the DAA or NAI and are not responsible for the effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs. Please also note that we do not control how third parties manage their opt-out processes.
    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.
    In addition, we may serve ads on Third-Party Services that are targeted to reach people on those services that are also identified in our databases (“Matched List Ads”). This is done by matching common factors between our databases and the databases of the Third-Party Services. For instance, we may use such ad services offered by Facebook, Twitter, and other Third-Party Services. We are not responsible for these Third-Party Services, including the security of their data. If we use Facebook to serve Matched List Ads on Facebook, you should be able to hover over the box in the right corner of the Facebook ad and see how to opt out with us. If you opt out from our Facebook Matched List Ads, we will remove the matching Personal Information from that list. If we use Twitter Matched Use Ads, you should be able to opt out through your account settings on Twitter. If you have multiple email addresses or other accounts, you may have to opt out separately for each one, and these changes will not take effect immediately. We are not responsible for the practices of these Third-Party Services or for their failure to comply with opt-out instructions or to provide us with notice of your opt-out elections, and they may change their options without notice to us or you.

    Communications

    You can 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.

    Your California Privacy Rights

    California residents may have certain rights under the California Consumer Privacy Act and California’s “Shine the Light” law, as stated in our California Consumer Privacy Notice.

    9. Children’s Privacy

    The Service is not directed to children, and we do not knowingly collect Personal Information from children under the age of 13. If we learn that we have received Personal Information from a user under the age of 13, we will delete the information in accordance with applicable law.

    10. Data Security

    We take reasonable measures to help protect your Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet is not completely secure, and we cannot guarantee the security of your information collected through the Service.

    11. Visitors from Outside the United States

    Five Below is based in the United States, and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the United States, please be aware that information collected through the Service, including Personal Information, may be transferred to, processed, and stored in the United States. Data protection laws in the United States may be different from those of your country of residence. Your use of the Service, or provision of any information to us via email or the Service, constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the United States as stated in this Privacy Policy.

    12. Changes to this Privacy Policy

    Our Service will continue to evolve. We reserve the right to revise and reissue this Privacy Policy at any time as our practices change. As permitted by applicable law, 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 and our practices it describes. You are encouraged to check the then-current privacy policy each time you use the Service.

    13. Contact Us

    For any requests relating to your Personal Information, or if you have any questions about this Privacy Policy, 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.

    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

    Effective Date: January 25, 2021

    This California Privacy Notice ("Notice") applies to "Consumers" as defined by the California Consumer Privacy Act ("CCPA") and supplements other Five Below privacy policies and notices. In the event of a conflict between any other Five Below policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.

    In accordance with the CCPA’s requirements, this Notice describes our collection, use, disclosure, and sale of California Consumers’ "Personal Information" ("PI") during the preceding twelve months, as well as rights California Consumers have under the CCPA. Terms defined in the CCPA that are used in this Notice have the same meanings as in the CCPA.

    COLLECTION AND USE OF PERSONAL INFORMATION

    We collect PI about California Consumers as described in the table below.

    Category Examples of PI Collected Categories of Recipients
    Identifiers Name, postal address, Internet Protocol address, email address Service providers (e.g., ad networks, analytics providers, social networks, payment processors, and shipping partners)
    Customer Records Name, address, telephone number, email address, payment card details Service providers (e.g., ad networks, analytics providers, social networks, payment processors, and shipping partners)
    Protected Characteristics Gender Service providers (e.g., survey administrators)
    Commercial Information / Purchase Details Purchase history or tendencies Service providers (e.g., ad networks, analytics providers, social networks, payment processors, and shipping partners)
    Internet Usage Information Browsing history, search history, information regarding interactions with our website or advertisements Service providers (e.g., ad networks, analytics providers, and social networks)
    Geolocation Data Precise physical location Not applicable
    Sensory Data CCTV footage Service providers (e.g., store security contractors)
    Inferences from PI Collected Customer profiles reflecting preferences and predispositions Service providers (e.g., ad networks, analytics providers, and social networks)

    We collect PI directly from the Consumer (e.g., when you complete a form or obtain a service from us), indirectly from the Consumer (e.g., through user activity on our website), from other individuals (e.g., when friends or family place a gift order), and through in-store CCTV cameras.

    We collect PI for the following business purposes:

    1. Providing our services, including maintaining and servicing your accounts, verifying your information, billing and processing payments, marketing, analytics services, and similar functions and services;
    2. Detecting security incidents and protecting against malicious, deceptive, or illegal activity;
    3. Troubleshooting our services to identify and repair issues;
    4. Internal research and development;
    5. Quality and safety assurance, and improving, upgrading, and enhancing our products and services; and
    6. Processing and managing interactions and transactions for our products and services.

    In addition, we may collect, use, and disclose your PI as required or permitted by applicable law, when requested or compelled by law enforcement or legal process, or in connection with contractual obligations. We do not treat deidentified data or aggregate consumer information as PI, and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information.

    Subject to the CCPA’s restrictions and obligations, our service providers also may use your PI for some or all of the above-listed business purposes (including to facilitate interest-based advertising and other advertising and marketing).

    CALIFORNIA PRIVACY RIGHTS

    Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify that the requestor is the Consumer about whom we collected PI.

    Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. We will use PI provided in your request only to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.

    We will make commercially reasonable efforts to identify Consumer PI that we collect, use, store, disclose, or otherwise process, and to respond to your California Consumer privacy rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may provide you with a summary of your PI and give you the opportunity to elect whether you want us to provide the entire data set. Alternatively, we may direct you on how to access and copy responsive PI yourself. We may charge a reasonable fee or refuse to act upon a request if the request is excessive, repetitive, unfounded, or overly burdensome. If we determine that the request warrants a fee, or that we may decline to comply with the request, we will give you notice explaining why we made that decision. In the case of a fee, we will provide a cost estimate and the opportunity to accept such fees before charging you for responding to your request.

    Your California Consumer privacy rights are described below. To make a request, complete an online form on our website by clicking here (or call us at 1 (888) 914-9661 PIN: 103 569). An email address is required to verify your request. Once the request is made, a verification email will be sent to the email address provided. Please follow the instructions on our website and promptly respond to any follow-up inquires so that we may confirm your identity. If you request that we provide you with specific pieces of information about you, we may apply the heightened verification standards set forth in this Notice. An authorized agent may submit a request on behalf of a Consumer here if the Consumer has provided the authorized agent with power of attorney in accordance with California law; alternatively, the agent must (1) present verifiable written authorization from the Consumer that the agent has the Consumer’s permission to submit the request; and (2) independently verify the agent’s own identity with Five Below.

    We may collect, use, and disclose your PI as required or permitted by applicable law. Please note we are not obligated to comply with consumer requests to the extent that doing so would infringe on our, or any other person’s or party’s, rights or conflict with applicable law.

    Disclosure Rights

    You have the right to request that we disclose your PI that we have collected and are maintaining for the 12-month period prior to the request date. Consumer requests of this nature may be made no more than 2 times in a 12-month period.

    1. The categories of PI we have collected about you, including the categories of sources from which we collected your PI and the purpose(s) for such collection.
    2. The specific pieces of PI we have collected about you.
    3. The categories of third parties to whom we have disclosed your PI, including a list of the categories of PI disclosed (or a statement that no such disclosure occurred).
    4. A list of the categories of PI sold about you, including the categories of third parties to whom we sold your PI and the purposes for the sale (or a statement that no such sale occurred).

    With respect to (1) and (2) above, we will provide this information in a portable and, if technically feasible, readily usable format.

    "Do Not Sell" Rights

    We do not sell California Consumer PI, including PI of minors under the age of 16, as “sell” is defined under the CCPA.

    We do work with service providers and partner with advertising companies that use cookies and other tracking technologies to collect information about your visits to our website and third-party sites, and then use that information to deliver advertisements relevant to your interests. There is not yet a consensus as to whether third party cookies and tracking technologies associated with our websites and mobile apps constitute a “sale” of your Personal Information as defined by the CCPA.

    For more information on how we use cookies and other tracking technologies, please review our Privacy Policy here. You may opt out of interest-based advertising using ad industry opt out tools by visiting youradchoices.com/control and optout.networkadvertising.org. To effectively manage cookies via these tools, you must set cookie preferences on all browsers and all devices that you use. If you clear the cookies on your device, you may need to set your cookie preferences with these tools again. We are not responsible for the completeness, accuracy, or effectiveness of any third-party programs, tools, or frameworks, or the information they provide.

    Some browsers have signals that may be characterized as "do not track" signals, but we do not understand them to operate in that manner or to signify a "do not sell" request. We understand that various parties are developing "do not sell" signals, and we may recognize certain such signals if we conclude such a program is appropriate.

    Deletion Rights

    You may request that we delete your PI that we have collected directly from you. Under the CCPA, we may decline to delete your PI under certain circumstances, for example, if we need the PI to complete transactions or provide services you have requested or that are reasonably anticipated, for security purposes, for internal business purposes (including maintaining business records), to comply with law, or to exercise or defend legal claims. Note also that we are not required to delete your PI that we did not collect directly from you.

    Non-Discrimination Rights

    We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.

    California’s "Shine the Light" Law

    California’s "Shine the Light" law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes.

    We do not share information we have collected about you with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may request additional information about our compliance with Shine the Light by emailing privacy@fivebelow.com, or by sending a letter to Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attention: Compliance Department).

    Please note that rights under the CCPA and California’s "Shine the Light" law must be exercised separately.

    CONTACT US

    For more information regarding your California privacy rights, you may email us at privacy@fivebelow.com or call us at 1 (888) 914-9661 PIN: 103 569. You also may write to us at: Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attn: Compliance Department).

    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.

    Email Sign Up

    we’re working on some finishing touches!

    simpler email sign-up coming soon. in the meantime, tap to create an account to get on our list!

    sign me up!

    Careers

    Want a fun career with a company that is growing?

    Five Below is hiring and we have tons of jobs! Join the hottest growing retailer in the area! We currently have more than 1000 stores from New England to Florida, New York to California... plus we plan to open lots of stores in 2021! You can work in a Store, our Distribution Center, or our Corporate Headquarters in Philadelphia.

    click here to access our job portal!