The Catherines Perks Card Program ("Program") is brought to you by Catherines, Inc. ("Catherines," "we," or "us"). The Program is governed by these Catherines Perks Card Program Terms & Conditions ("Program Terms"). By participating in the Program you (and any minor Member"s (as defined below) parent or legal guardian for himself or herself and on behalf of the minor) agree to these Program Terms. The Program is void where prohibited by law.
PLEASE READ THESE PROGRAM TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM.
1. OVERVIEW. The Program is a customer-discount program that is available to eligible Catherines customers (see Section 2, below) who join and pay the required annual membership fee ("Annual Fee"). You can create a Program membership account ("Perks Account"): (i) at one of Catherines retail stores (a store representative to help you begin the process) (ii) or on the Catherines website at catherines.com ("Site") by following the instructions on the Site. Customers who sign up for a Perks Account ("Member(s)") and pay the Annual Fee will be eligible to receive the stated discount ("Discount") on each Qualifying Purchase (as defined in Section 3, below) for twelve (12) months from the date that Customer becomes a Member. Each Member will receive a unique Perks Account Member Number ("Member Number") and an associated Perks Account card ("Perks Card").
2. ELIGIBILITY, REGISTRATION & MARKETING. 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 18 or older. If a Member is a minor in his or her state of residence, his or her parent or legal guardian agrees to these Program Terms along with and on behalf of his or her minor child. All rights and responsibilities of a minor under these Program Terms are conferred and assumed respectively by the minor"s parent or legal guardian in representation of the minor. There is a limit of one (1) individual person for each Perks Account and a limit of one (1) Perks Account per person. Corporations, groups, and associations are not eligible for the Program. Employees, shareholders, officers, directors, agents, and representatives of Catherines (collectively "Ascena Representatives") are not eligible for the Program.
You must provide us with all required information to register for a Perks Account. When you enroll in the Program and create a Perks Account, you are also agreeing to receive marketing messaging from Catherines. Members may opt-out of receiving marketing emails from Catherines by following the instructions in those emails. Opting out of marketing emails from Catherines will not affect your ability to participate in the Program generally and will not impact Catherines" ability to email you important messages about your Perks Account (e.g., news about changes to these Program Terms, etc.).
You agree to accept responsibility for all activities that occur under your Perks Account or password and you agree you will not sell, transfer or assign your Perks Account, Member Number or any membership rights. For online users, you are responsible for maintaining the confidentiality of your password and for restricting access to your computer (or other device, as applicable) so that others may not access your Catherines account and Perks Account.
3. QUALIFYING PURCHASES. The Discount may be applied to purchases of Catherines merchandise made at the same time or after a Member opens a Perks Account and as long as they are a Member in good standing; except that the Discount will not be applied to gift cards, credit card payments, charity donations, fees or for your or other people"s Annual Fees or Perks Accounts (each a "Qualifying Purchase"). Purchases that occurred prior to your establishment of a Perks Account (past purchases) do not qualify for this Program and will not receive a Discount. The Qualifying Purchases and the percent discount for such Qualifying Purchases may be changed by Catherines from time-to-time in its sole and absolute discretion. Catherines reserves the right, at its sole discretion, to limit the quantity of items purchased per person or per order as part of the Program.
4. THE DISCOUNT. The Discount will be given on all Qualifying Purchases and will be in addition to other promotional discounts offered at the time of purchase ("Other Discounts"), unless otherwise stated in the Other Discounts. The Discount will be applied after all Other Discounts are applied to the Qualifying Purchase. For example, if the Discount is 10%, the Qualifying Purchase is $100 and the Other Discount is 20% (=$80), the 10% Discount would be applied to $80 (not the $100) for a total Discount of $8. The total price you would pay in the forgoing example is $72 plus applicable taxes. The Discount will be deducted from all returns and exchanges.
IN-STORE: To receive the Discount when making a Qualifying Purchase in one of our physical retail stores, at the time of purchase you must present your unexpired Perks Card, or supply the Catherines associate with the Member Number or telephone number associated with your active Perks Account. Catherines reserves the right to require the person using a Perks Card or other approved indicia of Perks Account to show proof that they are the person associated with the Perks Card or Perks Account presented.
ONLINE: To receive the Discount when making an Eligible Purchase on the Site you can (i) create or log onto your existing Catherines account and enter the Member Number into your profile or (ii) enter the Member Number at checkout.
A Perks Account is valid only until expiration. In addition to the Discount generally available to all Members as part of the Program, Catherines may from time-to-time offer all or some Members additional benefits under the Program ("Additional Perk(s)"). The details of an Additional Perk will be communicated to the eligible Member(s) in the applicable offer and will otherwise be subject to these Program Terms.
Discounts may not be redeemed for cash. You cannot combine your Discount with another person"s Discount. Perks Accounts, Member Numbers and Discounts are non-transferable. Discounts can only be used by the Perks Account holder for Qualifying Purchases made in-person or online by that Perks Account holder. Sharing your Perks Account (including your Perks Card and Member Number) is a breach of these Program Terms. Perks Accounts, Perks Cards, Member Numbers and Discounts are not your personal property, are not descendible, and may not be inherited, bartered, purchased (other than from Catherines) or sold (other than by Catherines).
5. TERMINATION OF YOUR PERKS ACCOUNT. In addition to termination of the Program pursuant to Section 7, below, Catherines may also revoke your ability to participate in the Program for: (i) your abuse of the Program; (ii) your failure to follow these Program Terms and/or any other terms and conditions applicable to the Program; (iii) the attempted or actual sale of your Perks Account, Perks Card, Member Number or Discounts; (iv) any misrepresentation by you; or (v) any other conduct deemed by Catherines, in its sole discretion, to be an abuse of the Program, to be detrimental to the interests of Catherines or its customers, or to be otherwise improper. If your ability to participate in the Program is revoked, your future participation in the Program may be prohibited. In addition, Catherines will have the right to take appropriate administrative or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
Catherines is not responsible for Perks Accounts, Perks Cards or Member Numbers that expire, are lost, stolen or are used due to fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Perks Accounts, Perks Cards or Member Numbers or any other activity inconsistent with these Program Terms will result in termination of your participation in the Program.
You may elect to terminate your Perks Account at any time by speaking to an associate at one of our retail stores or contacting us at (215) 245-9100. For Perks Accounts that are terminated without cause, Catherines may, in its sole discretion, refund all or a portion of the Annual Fee depending on how much the Perks Account has been used prior to the termination and when the Perks Account would naturally expire if not terminated ("Refund"). If you become a Catherines Representative after becoming a Member, your Perks Account will be terminated and Catherines may, in its sole discretion, grant you a Refund.
6. NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION. THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CATHERINES, INC., AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES (COLLECTIVELY, THE "CATHERINES BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROGRAM FOR ANY PURPOSE. CATHERINES BUSINESSES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CATHERINES BUSINESSES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE PROGRAM, FOR YOUR ACTION OR INACTION IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR FOR ANY DAMAGE YOU MAY INCUR IN CONNECTION WITH THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER CATHERINES BUSINESSES OR THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM, THE DELAY OR INABILITY TO PARTICIPATE IN THE PROGRAM OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CATHERINES BUSINESSES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE CATHERINES BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION RELATED TO THE PROGRAM IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE PROGRAM WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
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."
You agree to defend, indemnify and hold Catherines 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.
7. MODIFICATION OF THESE PROGRAM TERMS & TERMINATION OF THE PROGRAM. We reserve the right to modify these Program Terms from time-to-time, with reasonable notice to Members as described in this section. We will notify you of changes to the Program Terms by posting them to the Site and may also notify you via one or more of the methods of contact we have on file for you for your Perks Account. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Catherines. The updated Program Terms will apply to your participation in the Program beginning as of their effective date. We also reserve the right to change, from time-to-time, the conditions for participation in the Program, and the Discounts. WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY UPON NOTICE TO MEMBERS. In the event of such termination, Catherines will, at Catherines" sole discretion, fulfill the term of each active Member"s membership or provide a pro-rata refund (calculated by Catherines in its sole discretion) of each active Member"s last Annual Fee.
8. GENERAL INFORMATION. You agree that these Program Terms and your participation in the Program are governed by the laws of the Commonwealth of Pennsylvania, USA. Participation in the Program is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Catherines has endeavored to comply with all legal requirements known to it in creating and maintaining this Program but makes no representation that the Program is appropriate or available for use in any particular jurisdiction. 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. Any use in contravention of this provision or any provision of these Program Terms is at your own risk and, if any part of these Program 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 these Program Terms shall govern such participation.
Catherines performance of these Program Terms is subject to existing laws and legal process, and nothing contained in these Program Terms is in derogation of Catherines" right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by Catherines with respect to such participation.
These Program Terms constitute the entire agreement between you and Catherines with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Catherines with respect to this Program. No modification of these Program Terms will be effective unless it is authored by Catherines or its affiliates, or unless it is physically signed by a Catherines officer. Any alleged waiver of any breach of these Program Terms shall not be deemed to be a waiver of any future breach. A printed version of these Program Terms and/or of any notice given by Catherines in electronic form shall 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 Catherines in printed form
9. ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION. BOTH YOU AND CATHERINES 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 CATHERINES 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 Catherines Businesses shall be entitled to seek injunctive or equitable relief in the state and federal courts in Bucks County, Pennsylvania 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 Bucks County, Pennsylvania, 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 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 Bucks County, Pennsylvania. Catherines agrees to pay the administrative and arbitrator"s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant 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.
10. CONTACT US. If you have any questions about your Perks Account or the Program, please contact us at the store where you purchased your card, or call us at 1(866) 886-4720.