Privacy Policy

TERMS OF USE/LEGAL TERMS (last revised January 2010)

Welcome to the Charming Shoppes, Inc. Web site (the "Site"). This Site is operated by Charming Direct, Inc., a subsidiary of Charming Shoppes, Inc. Please review the following basic terms that govern your use of this Site (this "Agreement"). Charming Direct, Inc. ("Charming Direct") grants you permission to view this Site and to download and print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Charming Direct that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Your failure to follow these rules, whether listed herein or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Charming Direct’s other remedies. Other than this Agreement, Charming Direct will not enter into any agreement with you or have any obligation to you through this Site, and no attempt to create such an agreement or obligation will be effective.

Copyrights and Trademarks
Links to Third-Party Sites
Charming Shoppes Information
No Warranties; Exclusion of Liability; Indemnification
Contacting Us/Feedback and Communications
General

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Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation text, logos, images, designs, photographs, video clips, graphics, music and sound, and written and other materials that appear as part of this Site (including without limitation Charming Shoppes, Fashion Bug, Fashion Bug Plus, Catherines, Catherines Plus Sizes, Lane Bryant, Lane Bryant Woman, Cacique and Figi’s) and this entire site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property"), owned, controlled or licensed by Charming Shoppes, Inc., its affiliates and subsidiaries (collectively, "Charming Shoppes"), and others. This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. Charming Shoppes aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Charming Shoppes, (including, without limitation the trade names set forth above) and the other Charming Shoppes formatives and any portion of this entire site may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Charming Shoppes. Charming Shoppes prohibits use of any logo of Charming Shoppes or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Charming Shoppes in writing. Fair use of Charming Shoppes' Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners.

Charming Direct owns a copyright in the selection, coordination, arrangement and enhancement of all content on this Site, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Charming Direct and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Use of Images by Press
Should Charming Direct, from time to time, grant accredited journalists a User Id/Password for the purpose of downloading certain images for press use, then in additionto all other terms of use contained herein, these additional terms shall apply: (i) when using such images, user shall indicate that images were obtained from this Site; (ii) photographers names shall be used, if provided; (iii) images may not be used as covers; (iv) images may not be altered, manipulated or edited in any way.

Registration And Account Creation Charming Direct may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.

Use Of User Id/Password If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Site, and you are responsible for all use by you and those you allow to use the Site. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.

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Links to Third-Party Sites
This Site may contain links to sites owned or operated by parties other than Charming Direct. Such links are provided for your reference only. Charming Direct does not monitor or control outside sites and is not responsible for their content. Charming Direct’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Charming Direct’s inclusion of the links imply that Charming Direct is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

Third-Party Articles
From time to time the Site may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct, and the publishing of third-party articles shall not in any event be deemed an endorsement by Charming Direct or any of its affiliates of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Charming Shoppes or its affiliates.

Without limiting the foregoing, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of this Site are those of the respective author(s) or distributor(s) and not of Charming Direct. Neither Charming Direct nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, subscriber, or other user not under contract with Charming Direct. Charming Direct neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by anyone other than authorized Charming Direct employee spokespersons while acting in their official capacities. Under no circumstances will Charming Direct or any of its affiliates be liable for any loss or damage caused by a subscriber's reliance on information obtained through this Site. It is the responsibility of a user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

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Charming Shoppes Information
With the exception of historical information, statements or reports referenced within this Web site are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements may include, but are not limited to, projections of revenues, income or loss, cost reductions, capital expenditures, purchase commitments, liquidity, financing needs or plans, and plans for future operations, as well as assumptions relating to the foregoing. The words “expect,” “project,” “estimate,” “predict,” “anticipate,” “plan,” “believe” and similar expressions are also intended to identify forward-looking statements.

We operate in a rapidly changing and competitive environment. New risk factors emerge from time to time and it is not possible for us to predict all risk factors that may affect us. Forward-looking statements are inherently subject to risks and uncertainties, some of which we cannot predict or quantify. Future events and actual results, performance, and achievements could differ materially from those set forth in, contemplated by, or underlying the forward-looking statements, which speak only as of the date on which they were made. We assume no obligation to update or revise any forward-looking statement to reflect actual results or changes in, or additions to, the factors affecting such forward-looking statements. Given those risks and uncertainties, investors should not place undue reliance on forward-looking statements as a prediction of actual results.

Factors that could cause our actual results of operations or financial condition to differ from those described on this Web site include, but are not necessarily limited to, the following:

  • Our business is dependent upon our ability to accurately predict rapidly changing fashion trends, customer preferences, and other fashion-related factors, which we may not be able to successfully accomplish in the future.
  • The women’s specialty retail apparel and direct-to-consumer markets are highly competitive and we may be unable to compete successfully against existing or future competitors.
  • We cannot assure the successful implementation of our business plan for the development of our core brands, the increased profitability and growth in our Retail Stores or Direct-to-Consumer segments, or that we will achieve our objectives as quickly or as effectively as we plan. We may be unable to successfully implement our plan to improve merchandise assortments. Recent changes in management may fail to achieve improvement in our operating results.
  • A continuing slowdown in the United States economy, an uncertain economic outlook, and fluctuating energy costs could lead to reduced consumer demand for our products in the future.
  • Our inability to successfully manage labor costs, occupancy costs, or other operating costs, or our inability to take advantage of opportunities to reduce operating costs, could adversely affect our operating margins and our results of operations. We cannot assure the successful implementation of our planned cost reduction and capital budget reduction plans or the realization of our anticipated annualized expense savings from our restructuring programs. We may be unable to obtain adequate insurance for our operations at a reasonable cost.
  • We are subject to the Fair Labor Standards Act and various state and Federal laws and regulations governing such matters as minimum wages, exempt status classification, overtime, and employee benefits. Changes in Federal or state laws or regulations regarding minimum wages, unionization, or other employee benefits could cause us to incur additional wage and benefit costs, which could adversely affect our results of operations.
  • We depend on the availability of credit for our working capital needs, including credit we receive from our bankers, our factors, our suppliers and their agents, and on our ongoing payments from our strategic alliance related to private-label credit card sales. The current global financial crisis could adversely affect our ability or the ability of our vendors to secure adequate credit financing. If we or our vendors are unable to obtain sufficient financing at an affordable cost, our ability to merchandise our retail stores or e-commerce businesses could be adversely affected.
  • We cannot assure that we will realize the expected benefits from the ten-year private-label credit card operating agreements with Alliance Data. A significant portion of our sales revenues are generated through our private-label credit cards. Therefore, changes in the private-label credit card programs that adversely impact our ability to facilitate customer credit may adversely impact our results of operations. Alliance Data will have discretion over certain policies and arrangements with the cardholders and may change these policies and arrangements in ways that could affect our relationship with the cardholders. Any such changes could adversely affect our private-label credit card sales and our results of operations. Our ability to continue to offer private-label credit card programs to our customers will depend on the success of our strategic alliance with Alliance Data.

    Credit card operations are subject to numerous Federal and state laws that impose disclosure and other requirements upon the origination, servicing, and enforcement of credit accounts, and limitations on the amount of finance charges that may be charged by a credit card provider. Alliance Data may be subject to regulations to which we were not subject prior to the sale of the proprietary credit card portfolio on October 30, 2009. To the extent that such limitations or regulations materially limit the availability of credit or increase the cost of credit to our cardholders or negatively impact provisions which affect our revenue streams associated with the ten-year operating agreements, our results of operations could be adversely affected. In addition, changes in credit card use, payment patterns, or default rates could be affected by a variety of economic, legal, social, or other factors over which we have no control and cannot predict with certainty and which could also negatively impact the availability of credit or increase the cost of credit to our cardholders or negatively impact provisions that affect our revenue streams associated with the ten-year operating agreements.
  • Our Retail Stores and Direct-to-Consumer segments experience seasonal fluctuations in net sales and operating income. Any decrease in sales or margins during our peak sales periods or in the availability of working capital during the months preceding such periods could have a material adverse effect on our business. In addition, extreme or unseasonable weather conditions may have a negative impact on our sales.
  • Certain of our business processes that are dependent on technology are outsourced to third parties. Such processes include credit card authorization and processing, our e-commerce platform, and certain other information technology functions. Although we make a diligent effort to insure that all providers of outsourced services observe proper internal control practices and procedures, we cannot assure that failures will not occur. The failure of such third parties to provide adequate services could adversely affect our results of operations, liquidity, or our ability to provide adequate financial and management reporting.
  • We depend on the efforts and abilities of our executive officers and their management teams and we may not be able to retain or replace these employees or recruit additional qualified personnel.
  • Our business plan is largely dependent upon continued growth in the plus-size women’s apparel market, which may not occur.
  • We depend on our distribution and fulfillment centers and third-party freight consolidators and service providers for prompt and efficient deliveries of merchandise to our stores and customers, and could incur significantly higher costs and longer lead times associated with distributing our products to our stores and shipping our products to our e-commerce and catalog customers if operations at any of these locations were to be disrupted for any reason.
  • Natural disasters, as well as war, acts of terrorism, or other armed conflict, or the threat of any such event may negatively impact availability of merchandise and customer traffic to our stores, or otherwise adversely affect our business.
  • Successful operation of our e-commerce websites and our catalog business is dependent on our ability to maintain efficient and uninterrupted customer service and fulfillment operations.
  • We rely significantly on foreign sources of production and face a variety of risks generally associated with doing business in foreign markets and importing merchandise from abroad. Such risks include (but are not necessarily limited to) political instability; imposition of or changes in duties or quotas; trade restrictions; increased security requirements applicable to imports; delays in shipping; increased costs of transportation; and issues relating to compliance with domestic or international labor standards.
  • Our manufacturers may be unable to manufacture and deliver merchandise to us in a timely manner or to meet our quality standards. In addition, if any one of our manufacturers or vendors fails to operate in compliance with applicable laws and regulations, is perceived by the public as failing to meet certain United States labor standards, or employs unfair labor practices, our business could be adversely affected.
  • Our long-term growth plan depends on our ability to open and profitably operate new retail stores, to convert, where applicable, the formats of existing stores on a profitable basis, and to continue to expand our outlet distribution channel. Our retail stores depend upon a high volume of traffic in the strip centers and malls in which our stores are located, and our future retail store growth is dependent upon the availability of suitable locations for new stores. In addition, we will need to identify, hire, and retain a sufficient number of qualified personnel to work in our stores. We cannot assure that desirable store locations will continue to be available, or that we will be able to hire and retain a sufficient number of suitable sales associates at our stores.
  • We may be unable to protect our trademarks and other intellectual property rights, which are important to our success and our competitive position.
  • Inadequate systems capacity, a disruption or slowdown in telecommunications services, changes in technology, changes in government regulations, systems issues, security breaches, a failure to integrate order management systems, or customer privacy issues could result in reduced sales or increases in operating expenses as a result of our efforts or our inability to remedy such issues.
  • We continually evaluate our portfolio of businesses and may decide to acquire or divest businesses or enter into joint venture or strategic alliances. If we fail to manage the risks associated with divestitures, joint ventures, or other alliances, our business, financial condition, and operating results could be materially and adversely affected.
  • Pursuant to Section 404 of the Sarbanes-Oxley Act of 2002, we are required to include our assessment of the effectiveness of our internal control over financial reporting in our annual reports. Our independent registered public accounting firm is also required to report on whether or not they believe that we maintained, in all material respects, effective internal control over financial reporting. If we are unable to maintain effective internal control over financial reporting we could be subject to regulatory sanctions and a possible loss of public confidence in the reliability of our financial reporting. Such a failure could result in our inability to provide timely and/or reliable financial information and could adversely affect our business.
  • The holders of our 1.125% Senior Convertible Notes due May 1, 2014 (the 1.125% Notes) could require us to repurchase the principal amount of the notes for cash before maturity of the notes upon the occurrence of a “fundamental change” as defined in the prospectus filed in connection with the 1.125% Notes. Such a repurchase would require significant amounts of cash, would be subject to important limitations on our ability to repurchase, such as the risk of our inability to obtain funds for such repurchase, and could adversely affect our financial condition.
  • Changes to existing accounting rules or the adoption of new rules could have an adverse impact on our reported results of operations.
  • We make certain significant assumptions, estimates, and projections related to the useful lives and valuation of our property, plant, and equipment and the valuation of goodwill and other intangible assets related to acquisitions. The carrying amount and/or useful life of these assets are subject to periodic and/or annual valuation tests for impairment. Impairment results when the carrying value of an asset exceeds the undiscounted (or for goodwill and indefinite-lived intangible assets the discounted) future cash flows associated with the asset. If actual experience were to differ materially from the assumptions, estimates, and projections used to determine useful lives or the valuation of property, plant, equipment, or intangible assets, a write-down for impairment of the carrying value of the assets, or acceleration of depreciation or amortization of the assets, could result. Such a write-down or acceleration of depreciation or amortization could have an adverse impact on our reported results of operations.

Postings on this Site are made at such times as Charming Direct determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Charming Direct does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE, AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

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NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
THIS SITE IS OPERATED BY CHARMING DIRECT ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARMING SHOPPES, INC., CHARMING DIRECT, INC., AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "CHARMING BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE CHARMING BUSINESSES 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 NONINFRINGEMENT. NEITHER THE CHARMING BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ANY CHARMING BUSINESS OR ANY OF THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, OR THE DELAY OR INABILITY TO USE THIS SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

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 NEITHER CHARMING SHOPPES, INC. NOR ANY OTHER CHARMING BUSINESS 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.

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. THE CHARMING BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

You agree to defend, indemnify and hold Charming Shoppes, Inc., Charming Direct and the other Charming Businesses harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.

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Contacting Us/Feedback and Communications
If you have any questions about this Agreement or the Site, please send us ane-mail, or write us at:

Charming Shoppes, Inc., Legal Department, 450 Winks Lane, Bensalem, PA 19020.

Although Charming Direct will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Charming Direct does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Charming Direct on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Communication") shall be and remain the property of Charming Direct. Such disclosure, submission or offer of any Communication shall constitute an assignment to Charming Direct of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, Charming Direct will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. Charming Direct is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make. You agree that Charming Direct may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. You agree that Charming Direct may (but shall not be obligated to) send e-mail to you for the purpose of advising you of changes or additions to this Site, about any of Charming Direct’s products or services, or for such other purpose(s) as Charming Direct deems appropriate.

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General
You agree that this Agreement and your use of this Site are governed by the laws of the Commonwealth of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Bucks County, Pennsylvania, USA, in all disputes (a) arising out of, relating to, or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Charming Direct has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements, and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement 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 Agreement shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Bucks County, Pennsylvania, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through this Site.

You agree that Charming Direct may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Charming Direct as a result of this Agreement or your use of this Site.

Charming Direct’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Charming Direct’s right to comply with law-enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Charming Direct with respect to such use.

This Agreement constitutes the entire agreement between you and Charming Direct with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Charming Direct with respect to this Site. No modification of this Agreement shall be effective unless it is authored by Charming Direct or its affiliates, or unless it is physically signed by a Charming Direct officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Charming Direct in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Charming Direct in printed form.

© 2010 Charming Direct, Inc.

All Rights Reserved.

Fashion Bug, Fashion Bug Plus, Catherines, Catherines Plus Sizes, Lane Bryant, Lane Bryant Outlet, Cacique and Figi’s are registered trademarks of Charming Shoppes or its affiliates.

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