TERMS & CONDITIONS Effective as of August 1, 2017
The dressbarn Academy (the "Program") is brought to you by The Dress Barn, Inc. ("dressbarn", "we", or "us"). The Program is governed by these dressbarn Academy Program Terms & Conditions ("Program Terms"). By participating in the Program you 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 available to teachers or educators who meet the eligibility requirements (see Section 2, below) who join the Program. You can create a Program membership account ("Account") on the dressbarn website at dressbarn.com/dressbarn-academy ("Site") by following the instructions on the Site, which includes providing a valid email address and other information. Customers who sign up for an Account ("Member(s)") will be eligible to receive the stated discount ("Discount") on each Qualifying Purchase (as defined in Section 3, below).
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 and who are current, active teachers, administrators or faculty in a school or other educational institution and who have a valid form of identification issued by the school or educational institution at which they are employed. There is a limit of one (1) individual person for each Account and a limit of one (1) Account per person. Corporations, groups, and associations are not eligible for the Program and have no right to claim benefits under this Program. Employees, shareholders, officers, directors, agents, and representatives of dressbarn are not eligible for the Program.
You must provide us with all required information to register for an Account. When you enroll in the Program and create an Account, you are also agreeing to receive marketing messaging from dressbarn. Members may opt-out of receiving marketing emails from dressbarn by following the instructions in those emails. Opting out of marketing emails from dressbarn will not affect your ability to participate in the Program generally and will not impact dressbarn’s ability to email you important messages about your Account (e.g., news about changes to these Program Terms, etc.).
You agree you will not sell, transfer or assign your Account or any membership rights. 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 Account.
3. QUALIFYING PURCHASES. The Discount may be applied only to regular priced, in-store purchases of dressbarn merchandise made at the same time or after a Member opens an Account and as long as they are a Member in good standing (each a "Qualifying Purchase"). The Discount is not valid on (and all of the following are not Qualifying Purchases): sale, discount or clearance merchandise; merchandise offered as part of a “buy one/get one” or any other promotional offer; purchases made using a coupon, db dollars, or other discount; online or mobile purchases; credit card payments; gift cards or charity donations. Purchases that occurred prior to your establishment of an Account (past purchases) are not Qualifying Purchases. The Qualifying Purchases and the percent discount for such Qualifying Purchases may be changed by dressbarn from time-to-time in its sole and absolute discretion. Dressbarn reserves the right, at its sole discretion, to limit the quantity of items purchased per person or per order as part of the Program. The Discount will be deducted from all returns and exchanges.
4. HOW TO USE THE DISCOUNT. To receive the Discount when making a Qualifying Purchase you must first register for the Account at the Site. Then you must visit one of our physical retail stores and at the time of purchase you must present a current, valid identification card from the school or educational institution in which you are employed and must also provide the email address you used to register for the Program. Dressbarn reserves the right to require a person to show additional proof that they are the person associated with the Account presented.
In addition to the Discount generally available to all Members as part of the Program, dressbarn 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. Accounts and Discounts are non-transferable. Discounts can only be used by the Account holder for Qualifying Purchases made in-person by that Account holder. Sharing your Account is a breach of these Program Terms. Accounts and Discounts are not your personal property, are not descendible, and may not be inherited, bartered, purchased (other than from dressbarn) or sold (other than by dressbarn).
5. TERMINATION OF YOUR ACCOUNT. In addition to termination of the Program pursuant to Section 7, below, dressbarn 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, including your failure to remain an eligible teacher as set forth above; (iii) the attempted or actual sale of your Account or Discounts; (iv) any misrepresentation by you; or (v) any other conduct deemed by dressbarn, in its sole discretion, to be an abuse of the Program, to be detrimental to the interests of dressbarn 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, dressbarn will have the right to take appropriate administrative or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
Dressbarn is not responsible for Accounts or that are lost, stolen or are used due to fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Accounts 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 Account at any time by speaking to an associate at one of our retail stores or contacting us at 1-800-dressbarn. If you become a dressbarn Representative after becoming a Member, your Account will be terminated and dressbarn 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DRESS BARN, INC., AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES (COLLECTIVELY, THE "DRESSBARN BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DRESSBARN 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DRESSBARN 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER THE DRESSBARN BUSINESSES OR THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES 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 DRESSBARN BUSINESSES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE DRESSBARN 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."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE DRESSBARN 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 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 dressbarn. 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.
8. GENERAL INFORMATION. You agree that these Program Terms and your participation in the Program are governed by the laws of the State of New York, 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. Dressbarn 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.
Dressbarn’s performance of these Program Terms is subject to existing laws and legal process, and nothing contained in these Program Terms is in derogation of dressbarn’s right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by dressbarn with respect to such participation.
These Program Terms constitute the entire agreement between you and dressbarn with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and dressbarn with respect to this Program. No modification of these Program Terms will be effective unless it is authored by dressbarn or its affiliates, or unless it is physically signed by a dressbarn 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 dressbarn 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 dressbarn in printed form.
9. ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION. BOTH YOU AND DRESSBARN 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 DRESSBARN 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 dressbarn Businesses shall be entitled to seek injunctive or equitable relief in the state and federal courts in Manhattan, New York County, 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 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 Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence) or in your hometown 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 Manhattan, New York County, New York. Dressbarn 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 Account or the Program, please contact us at 1-800-dressbarn.