MOBILE TEXT COUPON/OFFER RESTRICTIONS:
One per customer. Valid one time only on in-stock merchandise. Not valid in closing stores or on Early Access, SPANX®, Squeem, Amoena and other third-party brands at lanebryant.com. Not combinable with coupons, associate discounts, flash sales, doorbusters, clearance promotions greater than 40% off, or combination apparel and accessory offers of 40% off or higher. Qualifying purchase is determined after allowable discounts and before taxes and shipping. Not redeemable for cash (cash value = $0.00) and may not be applied to previous purchases, exchanges, returns, credit card payments, Gift Cards and E-Gift Cards. If eligible merchandise is returned, the offer value or a portion thereof may be deducted from the refund or merchandise credit and may not be reused. Valid, unless stated otherwise, in Lane Bryant stores and Outlets and at lanebryant.com (through 11:59 p.m. PT online) on the dates indicated in the text.
ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION
Please read this carefully. It affects your rights.
BOTH YOU AND LANE BRYANT WAIVE THE RIGHT TO 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. 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 EXCEPT AS EXPRESSLY PROVIDED IN THE NEXT PARAGRAPH.
You agree that these terms and your participation in Lane Bryant text messaging programs are governed by the laws of Ohio, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, Lane Bryant shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York 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 these terms 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 Columbus, OH; Chicago, IL; New York City, NY; Los Angeles, CA; Atlanta, GA; or Dallas, TX (whichever is closest to your residence). The federal or state law that applies to these terms will also apply during the arbitration. You and Lane Bryant agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Lane Bryant within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this paragraph, provided that—in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration—the arbitrator may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure, a “Batch Arbitration”). You and Lane Bryant agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this paragraph. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this paragraph. Under any other circumstances, 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 New York, New York. Lane Bryant agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs incurred by you 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 these terms or the Lane Bryant text messaging programs.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SERVICES PROVIDED BY OUR TEXT MESSAGING PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME.
OUR TEXT MESSAGING PROGRAMS ARE OPERATED BY LANE BYRANT ON AN "AS IS," "AS AVAILABLE" BASIS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LANE BRYANT BRANDS OPCO LLC. AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (COLLECTIVELY, THE "LANE BRYANT AFFILIATES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE SERVICES OR MATERIALS IN OUR TEXT MESSAGING PROGRAMS FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LANE BRYANT AFFILIATES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF OUR TEXT MESSAGING PROGRAMS IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE LANE BRYANT AFFILIATES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR TEXT MESSAGING PROGRAMS, THE MATERIALS IN OUR TEXT MESSAGING PROGRAMS, THE DELAY OR INABILITY TO USE OUR TEXT MESSAGING PROGRAMS, OR OTHERWISE ARISING IN CONNECTION WITH OUR TEXT MESSAGING PROGRAMS, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT OR TORTIOUS BEHAVIOR. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE LANE BYRANT BUSINESSES NOR ANY OF THEIR AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE LANE BRYANT AFFILIATES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE LANE BRYANT AFFILIATES, OR FOR THE LANE BRYANT AFFILIATES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
THE LANE BRYANT AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED IN OUR TEXT MESSAGING PROGRAMS IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Lane Bryant Affiliates harmless from and against any and all claims, demands, losses, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our text messaging programs or your breach or alleged breach of your representations and warranties in these terms.
SEVERABILITY
If any part of these terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall govern such use.
CHANGES TO TERMS
These terms and conditions are subject to change at any time. If we make material changes, we will notify active users via a text message sent to the number you used to sign-up for our text message program(s).