Effective Date: 9/16/2024
THE FOLLOWING LANE BRYANT PREMIER PERKS PROGRAM TERMS (“PROGRAM TERMS” or “TERMS”) GOVERN THE LANE BRYANT PREMIER PERKS PROGRAM (“PROGRAM”), AS WELL AS YOUR ACCESS TO AND USE OF THE LANE BRYANT PREMIER PERKS WEBSITE (“SITE”), INCLUDING HOW DISPUTES BETWEEN US SHALL BE HANDLED AS DESCRIBED IN SECTION 10, BELOW WHICH INCLUDES YOUR AGREEMENT TO INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND TO PURSUE A CLASS ACTION. ACCORDINGLY, PLEASE READ THESE TERMS CAREFULLY.
Please note that the Lane Bryant Premier Perks Program is separate from and unrelated to the Lane Rewards program, more details about which can be found at www.lanebryant.com/content/rewards.
1. Program Terms. These Program Terms constitute the legally binding terms governing your participation in the Program and use of the Site. The full details of the Program are available at LaneBryantPremierPerks.com/how-it-works.
1.1. Acceptance. When you enroll in the Program, and each time you use or access the Site or Program, you signify your agreement with these Program Terms. If you do not agree to these Program Terms, you must discontinue using the Site and terminate your membership in the Program (as applicable). The Program is available to you by Lane Bryant Brands Opco LLC (hereinafter “Lane Bryant,” “us,” “our,” and “we”) and provided by Clarus Commerce LLC as a service provider on behalf of and for the benefit of Lane Bryant Brands Opco LLC.
1.2. Updates to Terms; Modification or Termination of the Program. We reserve the right to update or change the Program and/or these Program Terms at any time. We will provide notice of changes to the Program Terms by posting the new Program Terms on the Site with a new Effective Date shown. We may, in our discretion, also provide you notice of changes to the Program Terms via email to the email address then associated with your membership. Such updates or changes may, without limitation, change, add, or eliminate Program benefits, features, terms and conditions, in whole or in part, at any time without notice or compensation, even though such actions may affect membership or participation in any Program. All such revised Program Terms shall be effective from the Effective Date indicated in the revised Program Terms as posted. Your continued use of the Site or participation in the Program after the Effective Date of the revised Program Terms signifies your agreement to any such changes. If you do not agree to these Program Terms, you must discontinue using the Site and Program by terminating your membership in the Program. Without limiting the foregoing, we also reserve the right to terminate the Program entirely at any time and in our sole discretion upon reasonable notice to you.
1.3. Electronic Form. By accessing the Site or enrolling in the Program (thus becoming a “Member”), you consent to have these Program Terms and future communications provided to you in electronic form. You have the right to receive these Terms in non-electronic form at any time by contacting us online or send a letter and self-addressed stamped envelope to: Lane Bryant Premier Perks, 500 Enterprise Drive, Suite 2C, Rocky Hill, CT 06067.
2. Membership
2.1. Eligibility. Membership is currently available only to U.S. residents residing in any of the fifty (50) United States (excluding Iowa) or the District of Columbia who are at least 18 years old or the age of majority in their state of residence, whichever is older. The Program is not available to Iowa residents. There is a limit of one membership and one introductory/premium offer per household.
2.2. Registration. By registering and becoming a Member, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep all such information true, accurate, current, and complete. A current, valid email address is required for a Member to receive certain notices in the Program, including any e-gift cards earned. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Program (or any portion thereof).
2.3. Membership Charges; Automatic Renewal & Recurring Billing. You will be charged for your membership using the billing information you provide or authorize at the time of enrollment (your “Billing Account”). We may offer one or more billing periods (e.g., monthly, annual, etc.) as indicated at the time of enrollment. By enrolling in the Program, you understand and agree that your membership will renew automatically each billing period, until you cancel or your account is terminated as described below, and you authorize your Billing Account to be charged the fees then in effect for the Program on a recurring basis each billing period without any further authorization from you. Your enrollment might include a trial or promotional period and your non-termination or continued use of the Program during and following such period constitutes your authorization for your Billing Account to be charged in accordance with and at the frequency (e.g., monthly) identified at the time of enrollment. If the amount to be charged to your Billing Account varies from your then-current rate, you will receive notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You are responsible for payment of the applicable fees for your Program membership and, should your payment fail, agree that we may either terminate your membership or suspend your access to Program features until payment is received. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update your Billing Account information from available third-party sources. Introductory pricing and/or free trials (if offered, in our sole discretion) may not be combined with any other offer and are available to new or eligible returning members only. If you or another member of your household has previously been a Member of the Program, you are not eligible to receive an introductory-price offer or free trial, except as otherwise expressly permitted by us in our sole discretion. We reserve the right, in our sole discretion, to determine your eligibility for an introductory-price offer or free trial.
2.4. Cancellation. To cancel your membership at any time, go to the “Help” tab or navigate to the “Cancel Membership” menu within your Account dashboard, send your request to us using the “Contact Us” link on any page of the Site, or by call the Customer Program Department toll-free at 844-770-0756. Unless cancelled, your membership will renew automatically at the end of each billing period as described above. If you cancel a membership, you may use your membership until the end of your then-current paid-for membership term (e.g., month). Your membership will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the monthly membership fee paid for the then-current membership period. If your enrollment includes a trial period and you choose to cancel your membership within your trial period, your access to the site will be disabled, effective immediately, regardless of how many days are left in your trial. After you cancel, you’ll receive a Lane Bryant e-gift card by email if you have at least $5.00 in accrued “Savings.” If you cancel your membership with less than $5.00 in your accrued “Savings,” you’ll receive a check in the mail for that amount (sent to the address then associated with your Billing Account).
2.5. Reactivating a Cancelled Account. If you cancel your membership but want to become a member again, please contact 844-770-0756 for assistance.
2.6. Termination. We may suspend or terminate your membership and your access to the Site or the Program, in whole or in part, at any time, immediately and without notice if, at our sole discretion, you fail to comply with any of these Terms or engage in any conduct that we deem (in our sole discretion) to be an abuse of the Program, fraudulent, or otherwise unacceptable, including, without limitation, (a) participation in the Program other than for your own personal, consumer purposes (as more fully described in Section 3.1, below), (b) actual or attempted use of a single Program account by multiple parties not in the same Immediate Family (defined below), (c) any misrepresentation made by you, or (d) use of any bot, macro, script, or other automated means to participate in the Program. Without limiting the generality of the foregoing, any order that is deemed a commercial (non-personal) use, use of the Program in connection with a business, or a high-volume/reseller order, at our sole discretion, will not be eligible for membership benefits, and your membership may be suspended or terminated. Upon termination, you must destroy all materials obtained from this Site and the Program and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Program, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Program and the disclaimers and limitations of liabilities set forth in the Terms shall survive.
3. Use of the Site and Program.
3.1. Access and Use. This Site and the Program are for your personal, non-commercial use in accordance with these Terms. Your membership is non-transferable. You agree that only you and your Immediate Family may use the membership. "Immediate Family" means you, your spouse or partner and your adult children living in your home. Benefits are not for resale. You agree that you will not (i) copy, display, or distribute any part of the Site, in any medium, without our prior written consent, (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose, or (iii) use the Program for any commercial benefit. You further agree that you will not use any automated devices, such as spiders, robots, or data-mining techniques, to catalog, download, store, or otherwise reproduce, store, or distribute content available on the Site, manipulate the Site or the Program, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or Program or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
3.2. User Submissions. By submitting content to the Site, for instance, in the form of a testimonial (“User Content”), you grant to us and our partners, licensees and successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from, market, and promote the User Content for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, and any personal information you submit with the User Content without your prior approval or the payment of any compensation.
3.3. Proprietary Rights. The Site and all material published on the Site, including but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, and the selection, coordination, arrangement, and enhancement of the Site content is owned by us or our service providers and licensors and is protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States copyright laws. All logos and other trademarks of Lane Bryant are owned by us, and are protected by state and federal laws. Site contents, including, without limitation Lane Bryant trademarks, may not be used in any way without prior, written permission from Lane Bryant. The Site may include other logos and trademarks owned by parties other than Lane Bryant, our affiliates, or parents (“Third-Party Marks”). Any Third-Party Marks are trademarks of their respective owners. Users are prohibited from using any Third-Party Marks without the written permission of such third party that may own the Marks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site or Program. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
3.4. Limitation on License. Except for allowing you to use the Site and Program for your personal use as set forth in the paragraph above, when you use the Site or Program, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights. You understand that you have no rights to the Program or any other of our property except as we indicate in these Terms.
4. Program Details. Program benefits available to members are as described at LaneBryantPremierPerks.com/how-it-works and subject to these Program Terms, including, without limitation, the benefit-specific terms set forth in this section. In the event of any conflict between details of these benefits provided elsewhere on the Site (including the How It Works page) and those specified in these Program Terms, these Program Terms will control. (As set forth in Section 1.2, above, these benefits are subject to change at any time.)
4.1. Earning Savings
4.1.1. Ten percent (10%) back (in the form of an electronic gift card that can be used at Lane Bryant (“e-gift card”)) on every qualifying purchase from Lane Bryant. Members of the Program will automatically receive ten percent (10%) back – as a Lane Bryant e-gift card – on the subtotal of all qualifying purchases made at Lane Bryant stores, over the phone, and on online. This includes both Lane Bryant and Lane Bryant Outlet purchases. (For in-store and phone purchases, members may be required to provide email address, phone number, or other identifying information in connection with their purchase to receive this benefit.) All online purchases must be made directly at LaneByrant.com or through the Lane Bryant app in order to qualify; purchases from any third-party outlet do not count. Your purchase subtotal is the amount of your final, qualifying purchase after any and all discounts. Qualified purchases do not include gift card purchases, taxes, shipping charges, and other fees. Members will receive this reward in the form of an e-gift card usable towards future purchases at Lane Bryant, subject to the conditions set out below in the “Viewing and Receiving Your Savings” section. Earnings from this benefit will typically appear on the Member’s “Savings” page in their Program account within approximately twenty-four (24) hours of the qualifying purchase. (Purchases from Lane Bryant are subject to additional policies, terms, and conditions, including, without limitation, our Return Policy and, for online purchases, our Lane Bryant website Terms of Use at lanebryant.com/help/terms-of-use.)
4.1.2. Five percent (5%) back on qualifying purchases from Marketplace retailers. Members of the Program are also eligible to earn five percent (5%) back as a Lane Bryant e-gift card on the subtotal of all qualifying purchases made at third-party retailers available through the Program’s Marketplace feature – up to a total of $1,000 per 12-month membership period for both this benefit for the “Five percent (5%) back on qualifying travel purchases” benefit described below. Only one purchase per retailer per day is eligible for this benefit. You must be an active Program member at the time of your purchase to qualify for this benefit. Your purchase subtotal is the amount of your final, qualifying purchase after any and all discounts or promo codes are applied. Your purchase subtotal does not include taxes, shipping charges, or any other fees added at checkout. Purchases of gift cards or money orders, as well as purchases using a retailer’s bill-pay service are not considered qualifying purchases. Members who make qualifying purchases directly through the Program’s Marketplace portal will receive this benefit automatically. (See LaneBryantPremierPerks.com/how-it-works for details on shopping directly through the Program portal.) If you shop at Marketplace retailers other than through the Program’s portal (e.g., online otherwise than through our portal, in-store, by phone, or by mail order), Members will not receive this benefit automatically. In order to receive this benefit in such case, Members will have to submit a rebate claim (as discussed further below). All rebate claims must be submitted within 60 days of your purchase date. Earnings from this benefit will typically appear on the Member’s “Savings” page within their Program account within approximately 5-7 days of the qualifying purchase shipping or, where submission of a rebate claim is necessary, within approximately 3 weeks of the Member’s timely submission of a completed eligible rebate claim. Note that some Marketplace retailers have their own restrictions and limitations for this benefit. To view restrictions for a specific retailer, visit the Marketplace from your member account and click a retailer to view its page. Marketplace retailers are subject to change without notice. Members will receive this reward in the form of an e-gift card usable towards future purchases at Lane Bryant, subject to the conditions set out below in the “Viewing and Receiving Your Savings” section.
4.1.3. Five percent (5%) back on qualifying travel purchases. Members can earn five percent (5%) back as a Lane Bryant e-gift card on travel reservations made through their Program account with an eligible merchant in the Marketplace - up to a total of $1,000 per 12-month membership period for both this benefit for the “Five percent (5%) back on qualifying purchases from Marketplace retailers” benefit described above. Only one purchase per travel retailer per day is eligible for this benefit. Member purchases made through the Program Portal will earn five percent (5%) back automatically. For travel reservations made with an eligible merchant in the Marketplace either offline or outside the Program Site, Members can submit a rebate claim (as further discussed below). All rebate claims must be submitted within 60 days of your purchase date. Earnings from this benefit will appear on the Member’s “Savings” page within their Program account after the travel has been completed and the Marketplace merchant has processed payment. Member must be an active Program member at the time of booking, at the time your payment is processed and through completion of the booked travel in order to earn Program credit through this benefit. Note that some Marketplace retailers have their own restrictions and limitations for this benefit. To view restrictions for a specific retailer, visit the Marketplace from your member account and click a retailer to view its page. Marketplace retailers are subject to change without notice. Members will receive this reward in the form of an e-gift card usable towards future purchases at Lane Bryant, subject to the conditions set out below in the “Viewing and Receiving Your Savings” section.
4.1.4. Standard Shipping and Return Shipping Rebates. Members can claim rebates for standard and return shipping – up to ten dollars ($10) per purchase - on (a) unlimited purchases from Lane Bryant and (b) up to $500 in standard-shipping rebates and $500 in return shipping rebates per 12-month membership period for purchases made (collectively) from Marketplace retailers in the Program. This benefit is not credited to Members automatically; Members have to submit a rebate claim (as discussed below) to receive this benefit. All rebate claims must be submitted within 60 days of your original purchase date and must include valid proof-of-purchase documentation. To be eligible for a rebate under this benefit, Member must have been an active Program member on the original purchase date, original shipping date, and – as applicable – return shipping date. In-store purchases from Marketplace retailers are only eligible for Shipping and Return Shipping Rebates if the store orders the item and the Member is charged for shipping as part of that purchase.
4.2. Viewing and Receiving Your Savings. All earnings from Program benefits will appear on the Savings page in a Member’s account. To view your Savings, sign into your member account online and click "Savings" on your main menu. You can also check on your Savings and the status of claims by calling customer service at 844-770-0756. (If you believe you should have been credited for Savings that are not reflected in your account, please contact us promptly.) On the 15th of every month, Members will be emailed (to the address then associated with their Program account) a Lane Bryant e-gift card for the total amount in approved savings accrued in the previous month. Member must have at least five dollars ($5.00) in Savings at the time of monthly payout to receive a Lane Bryant e-gift card. Any Savings under $5.00 will stay in the Member’s Savings tally until the Member reaches the $5.00 threshold (or closes their account, as described above). Program benefits may be subject to taxes and, in such event, all associated obligations are each Member’s sole responsibility.
4.3. Submitting a Rebate Claim. All rebate claims must be submitted within 60 (sixty) days of the original purchase. Claims submitted after this deadline are void and ineligible for reimbursement. Each rebate claim must include proof-of-purchase (documentation that validates your payment for any given purchase). All proof of purchase claims must be unaltered and include the Member’s name and billing address (as associated with their Program account), as well as the purchase total, items purchased, and the shipping and handling charges paid. To claim a return shipping rebate, a Member must submit two forms of documentation with the claim: proof of original purchase and proof of return shipping charges. Approved rebates are normally added to a Member’s “Savings” total within three (3) weeks of submission. For details on how to submit a rebate claim, please see LaneBryantPremierPerks.com/how-it-works and LaneBryantPremierPerks.com/faq.
4.4. Returns & Other Conditions. Orders (or travel bookings) that are returned or cancelled are not considered qualified purchases for the purposes of this Program. In the event all or part of a purchase that previously qualified under the Program is returned, we may cancel any pending Savings to be awarded or rebate claims related to that purchase (or portion of the purchase).
4.5. Use of a Lane Bryant e-gift card. All Lane Bryant e-gift cards issued as part of this Program are issued for loyalty, award, and/or promotional purposes. E-gift cards are redeemable for purchases made from Lane Bryant (online, in stores, or over the phone) and do not expire. They may not be used to purchase gift cards or make payments on a Lane Bryant-labeled credit card. E-gift cards are not redeemable for cash, unless required by law. In the event a purchase is made using an e-gift card and is later returned, the returned value will be returned the e-gift card (or reissued as a new e-gift card sent to the email address associated with the Member’s Program account). For a split-payment purchase paid for partially with an e-gift card and partially with another method of payment, the value of the return will be credited to the e-gift card first, with the balance (if any) credited to the secondary payment method. Except as described above, e-gift cards are not reloadable. Cards will not be replaced if lost or stolen. Please safeguard your Lane Bryant e-gift card, as Lane Bryant is not responsible for unauthorized or fraudulent use of any e-gift card.
5. Links. You may be able to access other websites or resources through links on the Site. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. (This includes, without limitation, third-party sites you may reach through the Program’s Marketplace feature.) You further acknowledge and agree that we and our service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
6. Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and while using the Program and you agree to indemnify and hold us and our parents, affiliates, business partners, licensors, contractors, and service providers (including, without limitation, Clarus Commerce LLC), and all of our and their respective officers, directors, employees, and agents (collectively, “Covered Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any Covered Party may incur arising out of or related to any products or services purchased by you in connection with the Site or the Program and in connection with a third-party claim or otherwise in relation to your use of the Program or access to the Site, or your violation of either these Program Terms, applicable law, or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Program. To the extent permitted under applicable laws, you hereby release the Covered Parties from any and all claims or liability related to your use of the Site or participation or attempted participation in the Program; the termination, suspension, or modification of the Program or cancellation/termination of your membership therein; any product or Program participation of a Marketplace merchant; any action or inaction by a Marketplace merchant, including any merchant’s withdrawal from the Program, failure to comply with applicable law, and/or failure to abide by the Program Terms; and any conduct or speech, whether online or offline, of any other Site user.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him or her, would have materially affected his settlement with the debtor or released party.”
7. Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE PROGRAM (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND PROGRAM) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND PROGRAM AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR PROGRAM, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITE OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR PROGRAM WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR PROGRAM, OR WITH ANY OF THESE PROGRAM TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND PROGRAM. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND PROGRAM AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND PROGRAM. WE RESERVE THE RIGHT TO ELIMINATE, ADD, CHANGE AND SUBSTITUTE BENEFITS AND PARTICIPATING VENDORS WITHOUT NOTICE TO YOU IN OUR SOLE DISCRETION.
ALL CONTENT, PRODUCTS, AND THIRD-PARTY PROGRAMS ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR PROGRAM ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR ANY COVERED PARTY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR PROGRAM OBTAINED FROM THE SITE OR A LINKED SITE.
8. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY COVERED PARTIES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PROGRAMS, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. COVERED PARTIES ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR (AND THE COVERED PARTIES’) AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT YOU PAID FOR PROGRAM MEMBERSHIP.
9. Privacy. This Site and any information collected about you in connection with participation in the Program is governed by our privacy policy. This policy can be found by clicking “Privacy Policy” in the footer of this site or at https://www.Lane Bryant.com/help/privacy-policy and is incorporated herein by reference.
California residents, please see our Privacy Policy for our Notice of Financial Incentive.
10. Dispute Resolution.
10.1. Agreement to Arbitrate Disputes. INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. Any and all disputes, controversies, demands, counts, claims, or causes of action between you and us and/or Covered Parties (including, but not limited to, disputes related in any way to the interpretation and scope of this clause, the Program Terms, your use of the Site and Program, and the arbitrability of the dispute) must exclusively be settled through individual, binding and confidential arbitration. THERE’S NO JUDGE OR JURY IN ARBITRATION, PROCEDURES FOR ARBITRATION ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND REVIEW BY A COURT IS LIMITED. Disputes will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Payment of arbitration costs will be governed by the fee schedule of the applicable arbitration service, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right, in our sole and exclusive discretion, to assume responsibility for all arbitration costs imposed by the arbitrator. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision or remedy under the governing law that requires the prevailing party to be paid attorneys’ fees and expenses. If an in-person hearing is required or permitted by the applicable arbitration rules, such hearing will take place in New York, NY, or – if required by the applicable arbitration rules - the county of your residence or another stipulated location, unless you and Lane Bryant or the applicable Covered Party agree otherwise.
Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or our intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the subsections below, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or we may take the dispute to small claims court if the dispute qualifies for small claims court.
10.2. Waiver of Class Arbitration: To the fullest extent permissible under applicable law, all disputes must be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes will be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise. You further acknowledge and agree any arbitrator assigned to a dispute will not and will lack the authority to conduct class arbitration or award class-wide relief and that such arbitrator will only hear your individual dispute. You acknowledge you are voluntarily and knowingly waiving any right to participate as a representative of any class of claimants pertaining to any dispute subject to arbitration, such that you will not be entitled to arbitrate any dispute as a representative plaintiff or claimant, class representative, class member, or private attorney general. Without limiting the foregoing or any other provision of this Dispute Resolution section, you agree that JAMS Mass Arbitration Procedures and Guidelines (or the comparable policies and procedures of the applicable arbitration service) will apply to any qualifying mass arbitration or similarly designated concerted arbitration effort.
10.3. Governing Law: These Terms and all disputes between the parties will be governed in all respects by the laws of the State of New York, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to any conflict-of-law provisions. Further, in any arbitration, both parties agree the arbitrator will honor claims of privilege and privacy recognized under New York law.
10.4. Enforcement of Arbitration Award: The arbitrator’s award will be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
10.5. Severability: If any portion of this Dispute Resolution section (with the exception of the Waiver of Class Arbitration subsection) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion will be severed and removed from the Terms, and the remaining portions (including the Agreement to Arbitrate Disputes subsection) will remain binding on you and us. If any arbitrator deems the Waiver of Class Arbitration subsection to be invalid or unenforceable, then the entire Agreement to Arbitrate Disputes subsection will be null and void. Under such circumstances, you expressly acknowledge and agree that the Governing Law and Jurisdiction subsections apply to any disputes between you and us, and both parties consent to exclusive jurisdiction and venue in such courts.
10.6. Jurisdiction: If, in any dispute, this subsection is determined to be invalid or unenforceable, notwithstanding the Severability subsection above, or null and void by any arbitrator or court of competent jurisdiction, or if the dispute seeks injunctive remedies arising from a violation of your or our intellectual property rights, the dispute must be resolved by a state or federal court located in or having jurisdiction over New York County, New York, USA. The parties agree to submit to the personal jurisdiction of such New York state or federal courts for the purposes of litigating any such dispute. This subsection does not apply disputes made in small claims court.
11. Miscellaneous. These Program Terms and policies incorporated herein are the entire agreement between you and us and supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Site or the Program. If any part of these Program Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Program Terms, all of which will remain in full force and effect (except as expressly specified in Section 10.5, above). Our failure to partially or fully exercise any rights, shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Program Terms. Our rights and remedies under these Program Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
