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WANT IT FOR DEC 24? ORDER BY DEC 16 WITH STANDARD SHIPPING FOR BEST CHANCE OF
ON-TIME DELIVERY.
* Lane Bryant (selected)
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TODAY ONLY! SELECT DRESSES $35 DOORBUSTER EXCLUSIONS & TERMS APPLY
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LANE REWARDS PROGRAM TERMS & CONDITIONS
The effective date of these terms and conditions is: September 8, 2020. FOR THE
MOST UP-TO-DATE PROGRAM TERMS, PLEASE VISIT WWW.LANEBRYANT.COM/REWARDS.
Lane Rewards Program ("Program") is brought to you by Lane Bryant Brands Opco
LLC ("Lane Bryant" and/or "we" or "us"). The Program is governed by these Lane
Rewards Program Terms & Conditions ("Program Terms").
ARBITRATION OF CLAIMS BETWEEN YOU AND LANE BRYANT. THESE PROGRAM TERMS REQUIRE
BINDING ARBITRATION OF CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND LANE
BRYANT, WAIVING CLASS ACTION CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND
LANE BRYANT, AND WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO
YOUR AGREEMENT TO ARBITRATE ANY CLAIMS ASSOCIATED WITH THE PROGRAM BETWEEN YOU
AND LANE BRYANT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE
ANY CLAIM ASSOCIATED WITH THE PROGRAM BETWEEN YOU AND LANE BRYANT. SEE SECTION
18 BELOW FOR MORE DETAILS.
NEITHER COMENITY BANK NOR ITS AFFILIATES (COLLECTIVELY "BANK") ARE A PARTY TO
THE PROGRAM OR THESE PROGRAM TERMS. FOR HOLDERS OF A LANE BRYANT CREDIT CARD WHO
PARTICIPATE IN THIS PROGRAM, YOUR CREDIT CARD ACCOUNT AGREEMENT WITH THE BANK IS
NOT AFFECTED BY THESE PROGRAM TERMS, AND THE REQUIREMENT TO ARBITRATE CLAIMS AND
CLASS ACTION WAIVER PURSUANT TO THESE PROGRAM TERMS ARE NOT APPLICABLE TO YOUR
RELATIONSHIP OR CUSTOMER AGREEMENT WITH THE BANK. YOUR CUSTOMER AGREEMENT WITH
THE BANK IS SEPARATE AND INDEPENDENT FROM THESE PROGRAM TERMS, AND TERMINATION
OR MODIFICATION OF ONE WILL NOT AFFECT THE OTHER. IN THE EVENT OF ANY CONFLICT
BETWEEN THESE PROGRAM TERMS AND YOUR CREDIT CARD ACCOUNT AGREEMENT WITH THE
BANK, THESE TERMS WILL CONTROL IN ANY MATTER RELATING TO THE PROGRAM.
A VALID EMAIL ADDRESS AND PHONE NUMBER ARE REQUIRED TO PARTICIPATE IN THIS
PROGRAM.
POINTS ACCRUED UNDER THIS PROGRAM EXPIRE 12 MONTHS FROM THE DATE THEY ARE
EARNED. IF YOU HAVE NOT EARNED ENOUGH POINTS FOR AN AUTOMATIC CONVERSION TO
REWARDS BEFORE THE 12 MONTH EXPIRATION, THOSE POINTS WILL BE REMOVED FROM YOUR
ACCOUNT. REWARDS EXPIRE AS DISCLOSED ON EACH INDIVIDUAL REWARD AND WILL BE VALID
FOR A MINIMUM OF 30 DAYS. SEPARATE AWARDS (AS DEFINED BELOW) EXPIRE AS DISCLOSED
AT THE TIME WE SEND NOTIFICATION OF THE SEPARATE AWARD.
By participating in the Program, you agree to these Program Terms. Void where
prohibited by law.
1. General Information; Definitions; Changes. The Program is a customer-reward
program that allows eligible Lane Bryant customers (see Section 2 below for
full eligibility details) who sign up for a Program Account ("Members") to
earn points ("Points") on the dollars spent on qualifying purchases and for
other specified activities. When you have earned the requisite amount of
Points, those Points will be converted into Lane Bryant Rewards valid at
Lane Bryant and Lane Bryant Outlet stores and online, as further described
in Section 5 below (collectively, the "Rewards"). You can create a Program
membership account ("Program Account"): (i) at any Lane Bryant or Lane
Bryant Outlet retail store in the United States (ask a store representative
to help you begin the process which may require you to make a transaction),
(ii) by visiting lanebryant.com and completing the Program Account
registration form, (iii) by calling us at 1-866-681-1746, or (iv) by any
other methods as Lane Bryant may offer from time to time.
2. Eligibility & Registration. The Program is open only to legal residents of
any one (1) of the fifty (50) United States or the District of Columbia who
are the age of majority in their jurisdiction of residence. You must
provide us with all required information to register for a Program Account.
A valid email address and phone number are required to set up a Program
Account. Additional information, such as your birth month and day, will be
required to receive some of the Program’s benefits. There is no cost to
enroll and no purchase is necessary to enroll. When you enroll in the
Program and create a Program Account, you are agreeing to receive email
messages related to the Program from Lane Bryant. Members who have
opted-out of receiving marketing emails from Lane Bryant will still be able
to participate in the Program and receive messages about their Program
Account (e.g., receiving Rewards, Points balance, usage, and news about
changes to these Program Terms). There is a limit of one (1) Program
Account per individual/email address/phone number. To update your email
address and phone number you can call our Customer Service team at
1-866-681-1746. You agree that you will not participate in the Program
under more than one (1) Program Account. Corporations, groups, and
associations are not eligible to register for a Program Account.
Notwithstanding anything to the contrary in these Program Terms, we reserve
the right to approve, deny or revoke membership in the Program to any
individual at any time for any reason whatsoever. You agree to accept
responsibility for all activities related to your participation in the
Program and all activities that occur within your Program Account and/or
using your Program Account credentials (e.g., password). You agree you will
not sell, transfer, share or assign any Program membership rights or
credentials. Program Account and Points and Rewards are not your personal
property, are not descendible, and may not be inherited, bartered,
purchased, or sold. You are responsible for maintaining the confidentiality
of your login credentials and, for online users, for restricting access to
your computer (or other device, as applicable) so that others may not
access your Program Account.
3. Points and Rewards. The Program involves two important measurements: (1)
Points and (2) Rewards. Points are earned when Members engage in one the
following: (a) making qualifying purchases from Lane Bryant, Lane Bryant
Outlet, lanebryant.com, or cacique.com in the United States, or placing an
order through Lane Bryant’s call center in the United States (each an
"Earning Purchase"); or (b) participating in other specific Member
opportunities offered by Lane Bryant from time-to-time ("Additional Earning
Activities"). Together, these are defined as “Earning Activities”. The
details of an Additional Earning Activity, including a description of the
conduct required, the number of Points available and any additional terms
will be as communicated to the eligible Member(s) by email or in another
communication from Lane Bryant. We may offer additional Points and benefits
for Lane Bryant Credit Card account holders who use such credit cards for
Earning Activities. To remain eligible for such additional Points and
benefits, your Lane Bryant Credit Card account must be in in Good Standing
with the Bank. “Good Standing” related to your Lane Bryant Credit Card
account means (1) your credit card account with the Bank is open to new
charges and not over your credit limit, (2) your credit card account with
the Bank is not more than 60 days past due or otherwise in default, (3)
your credit card with the Bank is not flagged as lost, stolen, or
fraudulent according to the Bank’s records, (4) your credit card account
with the Bank is not in a hardship or workout program, and (5) you are not
subject to a credit counseling arrangement relating to your credit card
account with the Bank.
Earning Activities only count towards the earning of Points once you have a
valid Program Account. In order to earn Points for an Earning Purchase at a
Lane Bryant or Lane Bryant Outlet retail store, you must present your email
address and phone number associated with your Program Account to a Lane
Bryant representative when prompted. In order to earn Points for an Earning
Purchase on lanebryant.com and cacique.com, you must be signed into your
Program Account upon checkout. In order to earn Points on an Earning
Purchase through Lane Bryant’s call center, you must provide your email
address and phone number associated with your Program Account to the call
agent when asked. Members do not earn Points on purchases of a gift card,
but do earn Points upon redemption of a gift card. Points are not accrued
for previous purchases, existing special orders, certain charity items,
birthday services, gifts-with-purchase, giveaways, coupons, credit card
payments, layaway items, processing charges, delivery surcharges, shipping
and handling, taxes, or state fees and any other applicable governmental
fees, and are calculated after deduction of any discounts. Points may not
be retroactively applied to a purchases made without presenting the
required information at time of purchase. Points are also not earned on:
unauthorized or fraudulent charges or purchases made by, or for, a
business/group or for a business purpose. Use of a Reward or store credit
does not earn Points.
For in-store Earning Purchases, Points will appear in your Program Account
within approximately forty-eight (48) hours of your completion of an
Earning Purchase. Points for Earning Purchases at lanebryant.com,
cacique.com or through Lane Bryant’s call center qualify for Points once
all items have shipped, which means that items in the same transaction that
are shipped separately will all qualify for Points after the final item(s)
have shipped; and such Points will appear in your Program Account
approximately thirty (30) days of the last item(s) shipped. The timing of
Point qualification for Additional Earning Activities may vary, but will
appear in your Program Account within approximately thirty (30) days of
your completion of an Additional Earning Activity. You may view your
Program Account summary activity by logging-in at lanebryant.com and going
to the Program Account area or by calling our Customer Service team at
1-866-681-1746.
After your Points are automatically converted to Rewards, those Points will
be removed and the corresponding Rewards will be sent to you via email, and
accessible on your Program Account online (or by other means in our sole
discretion), approximately 30 days after the conversion. If you earn
multiple Rewards at a time, they will be combined and included within one
(1) email/certificate. Rewards will be issued with unique promo codes that
can be used in-store, online, or through our call center, as described in
Section 5 below (each, a "Reward Coupon Code"). Each Reward Coupon Code may
be used once by the Program Account holder.
Points will be converted on a "first in, first out" basis, such that the
first Points earned will be the first Points converted to a Reward. Once
converted, your Points balance will be reduced by the number of Points used
to obtain the Reward(s). In the event a return, refund, or credit
adjustment results in insufficient Points for the Rewards converted, the
conversion may not be fulfilled. If the Reward is fulfilled and we later
discover that you did not have sufficient Points for the Rewards in your
Points balance, in addition to any other actions we may take, future Points
earnings will be applied to the Rewards until such time as sufficient
Points are earned to cover the redemption of the Rewards. Points will not
be converted into Rewards until you again have a positive balance. Points
you earn may not be combined with Points earned by anyone else for purposes
of receiving Rewards, or any other purposes. Points earned have no cash
value, and cannot be purchased, sold, bartered or redeemed for cash, unless
required by applicable law. If Points earned are determined to be
unauthorized or fraudulent, you will not earn a Reward for those Points.
See Exhibit A for current information regarding benefits, how Points are
calculated, how many Points must be accrued to earn a Reward, and the value
of a Reward (collectively, "Program Details"). We may change the manner in
which Points are calculated, how many Points must be accrued to earn a
Reward, and the value of a Reward at any time.
4. Point Expiration and Forfeiture. Points not converted will be carried over
to the following statement period. However, Points will expire 12 months
after the date that they are earned. Once Points expire, they will not be
converted to Rewards. Except as otherwise provided by applicable law, you
will also forfeit your unused and unexpired Points if you violate or
attempt to violate the prohibitions on the transfer of Points or Rewards,
if you file for bankruptcy, or if you breach these Program Terms. You will
not be entitled to and will not receive any compensation from us for your
Points that expire or are forfeited.
5. Rewards. Each Member is Limited to use of ten (10) Reward Coupon Codes per
day, regardless of overall value. Except where required by applicable law,
Rewards and Points have no monetary or cash value and may not be redeemed
for cash or, except under the Program, any cash equivalent. Rewards expire
as disclosed on each individual Reward and will be valid for a minimum of
30 days. Separate Awards expire as disclosed at the time we send
notification of the Separate Award. A Reward may be applied to an
"Authorized Purchase" which is defined as purchases of Lane Bryant
merchandise at Lane Bryant and Lane Bryant Outlet stores, at lanebryant.com
and cacique.com for orders shipped to addresses in the United States, and
through Lane Bryant’s call center for orders shipped to addresses in the
United States, as long as the Program Account is in good standing, and the
Reward has not expired; except that a Reward may not be applied to purchase
of gift cards or credit card payments, retroactively in connection with any
prior purchases or orders, certain charity items, birthday party services,
coupons, layaway items, processing charges, delivery surcharges, shipping
and handling, taxes, or state fees and any other applicable governmental
fees. Rewards will be redeemed in United States dollars. Each Reward must
be used in one purchase. Any remaining unused amount of a redeemed Reward
will be forfeited (and no change will be given). Likewise, the Member using
a Reward is responsible for all charges in excess of the value of the
Reward.
The Reward will be in addition to other promotional credits or discounts
offered at the time of purchase ("Other Rewards"), unless otherwise stated
in the Other Rewards. The Reward will be applied after all Other Rewards
are applied to the Authorized Purchase. Lane Bryant reserves the right to
require the person using a Reward to show proof that they are the person
associated with the Reward.
* In-Store: To receive the value of the Reward when making an Authorized
Purchase in one of our retail stores, at the time of purchase you must
present the associate your unexpired Reward Coupon Code (e.g. by showing
them a printed/paper or electronic version of your Reward) or ask the
associate to look up whether you have an available Reward Coupon Code by
providing the associate with the email address and phone number
associated with your Program Account.
* Online: To use a Reward when making an Authorized Purchase on
lanebryant.com and cacique.com, you must select from at least one (1) of
the available Rewards to be applied to the order.
* Call Center: To use a Reward when making an Authorized Purchase through
Lane Bryant’s call center, you must provide the call center agent with
the email address and phone number associated with your Program Account
and tell the agent which Reward Coupon Code that you would like to use.
Lane Bryant may choose, at Lane Bryant's sole discretion, to offer separate
and additional rewards to specific customers ("Separate Awards"). The terms
and conditions for Separate Awards (such as where these Separate Awards may
be redeemed), if any, will be disclosed at the time we send notification of
the Separate Awards.
6. Communications. We may communicate with you regarding any matter related to
the Program by mail, telephone, or electronic communication. You may update
your contact information at www.lanebryant.com (currently located under the
"my account" area, which you can access once you have logged onto your
Program Account online), by calling 1-866-681-1746, or by visiting one of
our Lane Bryant or Lane Bryant Outlet stores. We are not responsible for
communications, including Rewards and Points, lost due to change of email
address or other contact information or unavailable connections.
7. Program Activity and Customer Service. You can view your Point summaries
(including the number of unused and unexpired Points in your Points
balance) on www.lanebryant.com, at Lane Bryant and Lane Bryant Outlet
retail stores upon request, or via email communication we send to you. If
you want to know whether a Reward was properly redeemed, the status of a
redemption, or whether you earned Points from a particular transaction, or
to ask any other question regarding the Program, call us at 1-866-681-1746.
8. Limited Liability and Indemnification. Unless otherwise required by law,
neither Lane Bryant, nor any of our affiliates (collectively "Lane Bryant
Businesses") or any of their respective officers, directors, employees, or
agents will be liable to you, or anyone making a claim on your behalf, in
connection with (a) any termination of, change in, or suspension of the
Program; (b) any loss, damage, expense or inconvenience caused by any
occurrence outside of our control; or (c) any taxes that you incur as a
result of receiving or redeeming Points or Rewards. Notwithstanding the
foregoing, any liability that we may have to you in connection with the
Program will be limited to the amount of any Points you have earned in
accordance with these Program Terms.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT HAVE ANY
LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF YOU OR WE
WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF
REVENUE, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THESE PROGRAM
TERMS OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR
WITH RESPECT TO THESE PROGRAM TERMS OR THE PROGRAM WILL IN NO EVENT EXCEED
THE AMOUNT OF ANY POINTS YOU HAVE EARNED IN ACCORDANCE WITH THESE PROGRAM
TERMS. YOU AGREE THAT ALL CLAIMS MADE HEREUNDER BY YOU AGAINST US WILL BE
MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE BASIS OF SUCH
CLAIMS.
EACH MEMBER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF
THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY
OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542
READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD THE LANE BRYANT BUSINESSES HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES,
ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM.
9. No Warranties. THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN "AS IS," "AS
AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE
MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WITH REGARD
TO THE PROGRAM, THE OPERATION AND MAINTENANCE OF THE PROGRAM, WHETHER
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION THAT
THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
10. Changes to these Program Terms and Termination of the Program. We reserve
the right to modify, restrict, suspend, or otherwise change any aspect of
the Program, and/or these Program Terms from time-to-time, including
without limitation, the eligibility conditions for participation in the
Program, the manner in which Members participate, the manner and rates at
which Points and Rewards are earned and redeemed, redemption mechanisms, or
what constitutes an Earning Activity, with reasonable notice to Program
Members. We will notify you of changes to these Program Terms by posting
them to www.lanebryant.com and may also notify you by email or mail to the
address then associated with your Program Account, and/or using any other
contact information we may have for you. The updated Program Terms will be
effective as of the time of posting, or upon such later date as specified
by Lane Bryant. The updated Program Terms will apply to your participation
in the Program beginning as of their effective date, or upon such later
date or by such other method as specified by Lane Bryant. Should you not
agree to such an amendment, you may cancel your participation in the
Program as set out in Section 11. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER
TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY
PROVIDING YOU WITH SIXTY (60) DAYS' NOTICE OF THE IMPENDING TERMINATION.
11. Cancelling Program Participation. You can cancel your participation in the
Program by calling 1-866-681-1746. If you cancel your participation in the
Program, you will no longer earn Points and Rewards and you will forfeit
your unused and unexpired Points and Rewards.
12. Privacy. Information collected about you in connection with your Program
Account and the Program is subject to Lane Bryant's privacy policy, which
may be updated from time-to-time. Lane Bryant's Privacy Policy can be
obtained at https://www.lanebryant.com/help/privacy-policy.
13. Loss of Points and Rewards; Termination of Your Program Account. In
addition to termination of the Program pursuant to Section 10, above, we
may also revoke your ability to participate in the Program for: (i) your
abuse of the Program, including, without limitation, your use of any "bot,"
macro, or other automated means to participate in the Program or to earn
Points or Rewards; (ii) your failure to follow these Program Terms and any
other terms and conditions applicable to the Program; (iii) the attempted
or actual sale or transfer of any of your Points, Rewards, or your Program
Account; (iv) any misrepresentation by you; or (v) any other conduct deemed
by us, in our sole discretion, to be an abuse of the Program, to be
detrimental to our interests or our customers, or to be otherwise improper.
If your ability to participate in the Program is revoked, any unused Points
or Rewards will automatically expire and your future participation in the
Program may be prohibited. In addition, we will have the right to take
appropriate administrative or legal action, including criminal prosecution,
as we deem necessary in our sole discretion.
We are not responsible for Points or Rewards that expire, are lost or are
redeemed due to fraudulent activity. Suspected illegal, fraudulent or other
unauthorized use or misuse of Points or any other activity inconsistent
with these Program Terms will result in termination of your participation
in the Program, which may result in the loss of all accumulated Points
earned and Rewards issued but not yet redeemed.
You agree to abide by our final and binding decisions regarding the Program
and your participation in it. We are the sole arbiter of all issues
relating to the Program, including a decision to remove Points or Rewards,
and all of our decisions relating to the Program are final.
14. Not Transferable. Points and Rewards are not your property and are not
transferable to anyone or any entity by operation of law or otherwise.
Points and Rewards may not be transferred upon death or as part of any
domestic relations legal proceedings, and may not be brokered, bartered,
sold, purchased, or transferred in any way. Any attempted transaction of
such sort will automatically be void. Anyone selling, purchasing,
brokering, bartering, transferring, or altering Points or Rewards, either
wholly or partially, will be liable for payment of the applicable full
retail price of any Rewards obtained with them, as well as all damages,
including, but not limited to consequential damages, transaction costs,
third party damages, and litigation costs (including attorney's fees and
costs at trial and on appeal and in any bankruptcy proceeding). Any
brokered, bartered, altered, sold, or purchased Points or Rewards will
likewise be void and may be deducted from your Points balance. Any
violation of these provisions will result in termination of your
eligibility to participate in the Program and forfeiture of unused Points.
15. Taxes. You are solely liable for any applicable federal, state or local
income, sales, use, or other taxes arising out of the accrual or use of
Points or Rewards. Consult your tax advisor concerning any tax consequences
that may arise from your participation in the Program.
16. Severability. If a court of competent jurisdiction or any government agency
determines that any provision of these Program Terms is invalid, void or
unenforceable, that provision will continue to be enforceable to the extent
permitted by law, and the remainder of that provision will no longer be
considered as part of these Program Terms. However, all other provisions
will remain in full force and effect.
17. Governing Law. The Program and these Program Terms are governed by federal
law and, to the extent state law applies, the laws of the State of Ohio,
without any reference to its choice of law provisions.
18. ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION. TO THE FULLEST EXTENT
PERMITTED BY LAW, BOTH YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND
THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED,
REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE
FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND LANE BRYANT WAIVE THE RIGHT
TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR
PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY
ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW)
RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY
JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED,
REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO
CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS
INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH
ARBITRATION; PROVIDED, HOWEVER, THE LANE BRYANT BUSINESSES SHALL BE
ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL
COURTS LOCATED IN FRANKLIN COUNTY, OHIO, AND ANY OTHER COURT WITH
JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY
AND REVIEW IS LIMITED. THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND
BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED
IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH
ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO
THIS PROGRAM 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. IF AN IN-PERSON HEARING IS REQUIRED, THEN
IT WILL TAKE PLACE IN FRANKLIN COUNTY, OH, CHICAGO, IL, NEW YORK CITY, NY,
LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR
RESIDENCE) OR IN YOUR HOMETOWN, BUT ONLY IF JAMS RULES SO REQUIRE. THE
FEDERAL OR STATE LAW THAT APPLIES TO THESE PROGRAM TERMS WILL ALSO APPLY
DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL
BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE
ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR
CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR
ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE,
THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE
BROUGHT IN A COURT OF COMPETENT JURISDICTION IN FRANKLIN COUNTY, OHIO. WE
AGREE TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT
THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY OF YOUR TRAVEL OR OTHER
COSTS TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING
THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT
WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE
RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE
PROGRAM.
FOR HOLDERS OF A LANE BRYANT CREDIT CARD WHO PARTICIPATE IN THIS PROGRAM,
THE REQUIREMENT TO ARBITRATE CLAIMS AND THE CLASS ACTION WAIVER CONTAINED
IN THIS PROVISION ARE NOT APPLICABLE TO YOUR RELATIONSHIP OR CUSTOMER
AGREEMENT WITH THE BANK. THE BANK IS NOT A PARTY TO THIS ARBITRATION/CLASS
ACTION WAIVER PROVISION, THE PROGRAM, OR THESE PROGRAM TERMS, AND YOUR
CUSTOMER AGREEMENT WITH THE BANK IS NOT AFFECTED BY THESE PROGRAM TERMS.
19. Points Disputes. If you believe that a purchase made or other activities
should have resulted in the addition of Points to your accumulated Points
balance, and such Points are not reflected in the accumulated Points
balance within sixty (60) days of the date on which the purchase was made
("Points Dispute"), notify us immediately by calling our Customer Service
team at 1-866-681-1746. We will use reasonable efforts to investigate your
Points Dispute so long as you notify us of such dispute within ninety (90)
days of the posting date of such purchase. In order for us to undertake an
investigation of your Points Dispute, we may require you to provide written
confirmation of the dispute. If we do not receive the requested written
confirmation at the address and within the time requested by us, we may in
our sole discretion determine not to investigate your Points Dispute. Our
transactional records will be considered conclusive if there is a Points
Dispute.
20. General Information. Participation in the Program is unauthorized in any
jurisdiction where all or any portion of this Program may violate any legal
requirements and you agree not to participate in the Program in any such
jurisdiction. You are responsible for compliance with applicable laws. Our
performance under these Program Terms will be excused to the extent that
such performance is hindered, delayed or made commercially impractical by
causes beyond our reasonable control.
Lane Bryant's performance of these Program Terms is subject to applicable
laws and legal process, and nothing contained in these Program Terms is in
derogation of Lane Bryant's right to comply with law enforcement requests
or requirements relating to your participation in the Program or
information provided to or gathered by Lane Bryant with respect to such
participation.
These Program Terms constitute the entire agreement between you and Lane
Bryant with respect to the Program. These Program Terms supersede all prior
or contemporaneous communications and proposals, whether electronic, oral
or written, between you and us with respect to this Program. If there is a
discrepancy between a printed version of these Program Terms (such as
Program Terms sent in the mail) and the electronic/online version posted at
www.lanebryant.com, the electronic/online version will control. No
modification of these Program Terms will be effective unless it is authored
by Lane Bryant or its affiliates, or unless it is physically signed by a
Lane Bryant officer. We may waive any obligation you have under these
Program Terms without losing our right at a later time to enforce that same
obligation. Furthermore, any alleged waiver of any breach of these Program
Terms will not be deemed to be a waiver of any future breach. We can delay
enforcing our rights under these Program Terms or delay taking any action
(for any reason) without losing our rights. If we take any other action, we
will not lose any rights under these Program Terms. In addition, our
failure to exercise our rights on any one occasion, or even on more than
one occasion, does not constitute a waiver of our rights for any future
occasion. All waivers must be in writing. A printed version of these
Program Terms and/or of any notice given by Lane Bryant in electronic form
will be admissible in judicial or administrative proceedings based upon or
relating to these Program Terms or your participation in the Program to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained by Lane Bryant in printed
form.
21. Contact Us. If you have any questions about your Program Account or the
Program, please call us at 1-866-681-1746or email us
at lane_bryant@mailpc.custhelp.com.
EXHIBIT A
PROGRAM DETAILS
The number of Points earned depends on the type of membership and whether a Lane
Bryant Credit Card (the "Store Credit Card") is used for the purchase. Below are
details of how to qualify for each tier of membership and associated Points,
Rewards and benefits. Members who meet the spend threshold for Gold or Platinum
tier membership as described below will immediately qualify for the
corresponding membership tier.
* SILVER:
Qualifying for Silver: If you make between $0 and $349.99 in Earning
Purchases using your Program Account, you qualify for Silver membership.
Silver Points*:
10 Points for every $1.00 US made on Earning Purchases* using Program Account
(without Store Credit Card account)
15 Points for every $1.00 US made on Earning Purchases* using Program Account
(with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 Reward
Silver Rewards: Rewards are currently issued in ten-dollar ($10.00 US)
increments.
* GOLD:
Qualifying for Gold: To qualify for Gold membership, you must make between
$350 and $799.99 in Earning Purchases using your Program Account within a
calendar year. If you do not make $350 in Earning Purchases in the calendar
year following the year that you obtained Gold membership status, the
beginning of the next calendar year you will be downgraded to Silver
membership.
Gold Points*:
15 Points for every $1.00 US made on Earning Purchases* using Program Account
(without Store Credit Card account)
20 Points for every $1.00 US made on Earning Purchases* using Program Account
(with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 Reward
Gold Rewards: Rewards are currently issued in ten-dollar ($10.00 US)
increments.
* PLATINUM:
Qualifying for Platinum: To qualify for Platinum membership, you must make
more than $800 in Earning Purchases using your Program Account within a
calendar year. If you do not make more than $800 in Earning Purchases within
in the calendar year following the year that you obtained Platinum
membership, the beginning of the next calendar year you will be downgraded to
Gold or Silver membership depending on the amount purchased.
Platinum Points*:
20 Points for every $1.00 US made on Earning Purchases* using Program Account
(without Store Credit Card account)
25 Points for every $1.00 US made on Earning Purchases* using Program Account
(with use of Store Credit Card account for the transaction)
3,000 Points = $10.00 Reward
Platinum Rewards: Rewards are currently issued in ten-dollar ($10.00 US)
increments.
* * Points are calculated based on the purchase price of any goods and/or
services made at the time of purchase, after discounts and coupons and before
taxes and fees are applied. Does not include purchases made prior to your
participation in the Program. Points may not be awarded retroactively; so
even if you are a Program Member, you must associate your Program Account at
the time of purchase. If you return a purchase for which you earned Points in
accordance with Lane Bryant’s then current return policy, the Points
associated with your Program Account may be reduced by the number of Points
equivalent to the amount of the refund you receive. In the event of an even
exchange, any Points earned in association with the original purchase will
remain. In the event of an exchange of an item of lesser value, the
difference in value from your original purchase will be deducted from your
Program Account. Such deductions may result in a negative Points balance, in
which case, any Points you earn will be applied to reduce that balance and
your Points will not be converted until you again have a positive balance. In
the event of an exchange for an item of greater value, any additional
expenditure will accrue Points in accordance with these terms. Any new
promotional offers in effect at the time of an exchange, will not apply, nor
modify your Program Account balance. Points will be rounded down to the
nearest whole dollar amount of each qualifying purchase (ex: a qualifying
purchase of $5.61 made as a Silver Member without use of a Store Credit Card
will earn fifty (50) points). We may from time to time make special offers
for you to earn additional Points on specific purchases. The terms and
conditions for such special offers (such as which purchases qualify and the
number of additional Points you may earn), if any, will be disclosed at the
time of the offer. Please check those terms and conditions carefully, as
there may be important conditions or limitations (such as blackout periods,
point limitations or exclusions). In addition, we may offer Additional
Earning Activities to earn Points as described in Section 3 of the Program
Terms. We reserve the right to verify and adjust Points at any time prior to
or following posting or redemption.
* Benefits: in addition to exclusive promotional offers that Lane Bryant may
offer from time to time as determined in Lane Bryant’s sole discretion,
membership has the following benefits:
* Shipping to Home: The type of shipping to home benefit depends on the level
of membership according to the below. The dollar amounts are based on order
total excluding charges for taxes, shipping and handling. Valid on in-stock
items only.
* Silver Member Shipping: Free standard shipping and handling to home on
Earning Purchases of seventy-five dollars ($75.00 US) or more.
* Gold Member Shipping: Free standard shipping and handling to home on
Earning Purchases of seventy-five dollars ($75.00 US) or more.
* Platinum Member Shipping: Platinum Members receive free standard shipping
and handling to home on all Earning Purchases (there is no minimum purchase
dollar amount).
* Birthday Offers: Members must supply Lane Bryant with the month and day of
their birthday in their Program Account in order to receive the birthday
benefits. The type and value of birthday benefit are within Lane Bryant's
sole discretion. Accounts opened on the month of your Birthday or the month
preceding your birthday will begin receiving the birthday benefit the
following calendar year. Member will receive an email at the beginning their
birthday month with their offer.
* Best Customer Exclusive Access: Platinum Members receive opportunities to
hear about advance sale notifications, early shopping experiences and more.
* Extended Returns: Sixty (60) day returns on items purchased using a Store
Credit Card and a Member's Program Account. Only available with proof of
valid receipt.
* Store Credit Card Days: Members with a Lane Bryant Credit Card account linked
to their Program Account receive exclusive savings and discounts on specific
days as chosen by Lane Bryant from time to time.
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