TORRID INSIDER PROGRAM
TERMS AND CONDITIONS
Last Updated November 21, 2018
IMPORTANT NOTE: THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.
- I. General
The Torrid Insider Program ("Torrid Insider Program" or the "Program") is sponsored by Torrid Merchandising, Inc. ("Torrid", "we", "us" or "our"). In these Terms, “you” and “your” mean the account holder. “Bank” means Comenity Bank or its assignees.
Points, Rewards and Program Coupons (all defined below) you accumulate in the Program are not your personal property and have no monetary value. You may not obtain any money in exchange for Program Points, Rewards or Program Coupons except as required by applicable law. Your membership in the Program and any Points, Rewards, Program Coupons, or other benefits you accumulate in the Program are non-transferable (including to other Program members). In any area where the Program or these Terms are void due to law, Torrid may elect at its discretion to no longer offer the Program. Program membership and its benefits are offered at the discretion of Torrid. We reserve the right, without limitation, to terminate the Program, or change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time. If we decide to terminate or discontinue the Program, any Points and Rewards remaining in your Program account and any Program Coupons that have not been used or redeemed by the effective date of termination will be forfeited, except as required by applicable law.
- II. Membership
- a. The Program is free to join. You can enroll in the Program by completing a membership form at one of our participating stores by providing your phone number and a unique email address or by signing up online at www.Torrid.com/Insider. Once enrolled at the store or online, you will become a "Member" (“Members” in plural) and be eligible to start earning Points based upon your purchases with Torrid (as described below). Your Points will accrue towards earning Rewards (defined below).
- b. You must first enroll in the Program before you can apply for the Torrid Insider Credit Card. Authorized users of the Torrid Insider Credit Card other than the primary account holder will need to enroll separately to have their own membership in the Program if they wish to earn Points, Rewards and other Program benefits for themselves. Torrid Insider Credit Cardholders can only earn using their Torrid Insider Credit Card if they are in Good Standing. “Good Standing” means (1) your Torrid Insider Credit Card account is open to new charges and not over your credit limit, (2) your Torrid Insider Credit Card account is not more than 60 days past due or otherwise in default, (3) your Torrid Insider Credit Card is not flagged as lost, stolen, or fraudulent according to the Bank’s records, (4) your Torrid Insider Credit Card account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your Torrid Insider Credit Card account. These Terms are separate and independent from your Torrid Credit Card Account Agreement (your “Account Agreement”), which governs the use of your Credit Card. In the event of any conflict between these Terms and your Account Agreement, these Terms will control in any matter relating to the Program.
- c. To participate in the Program, you will also need to create an online account ("Online Account") at www.Torrid.com/insider by providing the requested profile information. Through your Online Account, you will be able to access information about the Points and Rewards you have earned, and other information specific to you and the Program. You are responsible for creating a sufficiently complex password to protect your Online Account and for ensuring that you do not share your password with others. Our password requirements and tips for creating a complex password will be provided at the time you complete your online profile. To receive all benefits associated with the Program, including receipt of and access to Rewards, you must fill out the profile information form completely and as specified.
- d. Limit one Online Account per person and per email address. In the event of a dispute over ownership of an Online Account, the account will belong to the authorized account holder of the email address submitted at the time of registration. For purposes of these Terms, the "authorized account holder" for the email address is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- 2. Access and Updating Account Information
- a. Upon enrollment in stores or online, you will be provided with a Member identification number (“Loyalty Member ID”). To earn Program Points on your Program account, whenever you make a purchase you will need to provide your Loyalty Member ID, email address, phone number (registered with your Program account) or Torrid Insider Credit Card ("Membership Identifier") in store at the register. For online purchases, you must log into your Program account online prior to making the online purchase. In addition, if you are a Member and provide your Membership Identifier in store at the register, you can receive updates about your Program account, such as your Point balance and whether you have qualified for any Rewards. If you provide your phone number or Torrid Insider Credit Card in store at the register, you will also need to provide additional proof of identification before you can receive any information about your Program account. You can also access your account information online through logging into your Online Account.
- b. Each Member is responsible for maintaining accurate and updated personal information in his or her Online Account. You may update your personal information online through your Online Account or by calling 1.866.867.7431
- 3. Communication
- a. When you enroll in the Program, you are also consenting to receive transactional emails and promotional email offers and updates from the Program and from Torrid and its affiliates. Members may not unsubscribe from transactional emails of the Program. Members may otherwise withdraw consent and unsubscribe from Torrid promotional emails at any time via the unsubscribe link in those emails. In addition, Members can also unsubscribe from receiving promotional emails by calling 1.866.867.7431 or by sending an email to firstname.lastname@example.org. Torrid's mailing address is 18501 East San Jose Avenue, City of Industry, CA 91748.
- b. For more information on Torrid's use of mobile telephone numbers, please see our Mobile Terms and Conditions. Note that when you provide your mobile phone number during the enrollment process, you are asked to indicate whether you opt-in to receive marketing alerts from Torrid to your mobile phone (such as text message). If you later wish to stop receiving text messages from us, text STOP via your mobile phone to 86742 if you wish to cancel all text message alerts.
- III. Membership Levels, Earning Points, and Point Expiration
- 1. Torrid Insider Membership Levels. The Program offers two levels of Members: "Base" status for Members who have earned 0 to 999 lifetime Points; and "Platinum" status for those Members who have earn 1,000 lifetime Points. Lifetime Points are points earned since enrollment. Platinum Members will remain in Platinum status for one year from the date they first earn Platinum membership (by earning 1,000 lifetime Points); to re-qualify for Platinum status after their first year of Platinum membership, members must spend $200 and thus earn another 200 Points in each successive year; if this threshold is not met, the Member will be reset back to “Base” status.
- 2. Earning Points.
- a. Once you become a Member, you need to provide your Membership Identifier when you shop at Torrid stores or you need to log into your Online Account when shopping online at www.Torrid.com. If you do so, you will receive one (1) Point into your Program account for every $1 spent on any eligible product purchase (a "Qualifying Purchase," as further described below). Platinum Members will earn one and a half (1.5) Points for every $1 spent on a Qualifying Purchase. Points earned will be rounded down to the nearest whole number. If you make a Qualifying Purchase and did not provide your Membership Identifier during an in-store transaction or log into your Online Account during an online transaction, you may request Point credit for the Qualifying Purchase within thirty (30) days of the purchase by calling 1.866.867.7431. You must have your receipt to request any such Point credit and must provide the transaction number located at the bottom of the purchase receipt for which the Point credit is requested. Once it is confirmed that the purchase was a Qualifying Purchase for which a return did not occur, the appropriate Points will be added to your Program account.
- b. The Program may, from time to time and in Torrid's sole discretion, offer other ways for Members to earn Points. From time to time, we may make special offers for you to earn additional Points for Qualifying Purchases. These additional Points are called “Bonus Points.” The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Your Qualifying Purchase must be completed and the transaction charged to your Program account during the special offer period in order for you to earn the applicable Bonus Points. For mail order, special order, online, and other purchases, please be aware that we may not charge your Program account until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your net Qualifying Purchase (in this case, your purchase minus return).
- c. Torrid reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and the number of Points earned for any activity, at any time, with or without notice.
- d. If you provide your Membership Identifier at the time of an in-store purchase or if you log into your Online Account in order to make an online purchase, your Points for the transaction should be added to your Online Account within approximately three (3) days.
- e. Members are responsible for ensuring the accuracy of their Online Account and Points balance. Therefore, you are encouraged to log into your Online Account regularly to check your Points balance after each purchase, as Torrid will not make adjustments to a Member's account after thirty (30) days from the actual Qualifying Purchase (for physical store purchases, counted from the date on the receipt; for online purchases, counted from the date the order is shipped and your payment card is charged).
- f. If you return merchandise, the Points you had earned from the purchase of that merchandise will be deducted from your Points balance. Negative Point balances never expire, but a Member can move into a positive Point balance by making purchases or engaging in any other announced activities, such as surveys or product-related promotional events, which can be used to earn Points.
- g. Members may not combine, transfer or share Points with other Members' Program accounts. Members may not transfer, sell or perform any other action in any manner in violation of attempted subversion of these Terms. Any attempt to combine or transfer Points (or Rewards) will result in disqualification from the Program and forfeiture of all Points and Rewards reflected in any Member's Program account. Torrid reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Torrid believes (in its sole discretion) that a Member (or Members) have violated this provision.
- h. Torrid's decisions regarding the awarding of Points are final and binding. Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from the Point balance in your Program account.
- 3. Points Expiration. If no purchases (including purchases using a Reward) are made on your Program account for thirteen (13) consecutive months, all your Points will automatically expire.
- 4. Qualifying Purchases.
- a. Qualifying Purchases include regular and sale priced merchandise, gift card and e-card purchases in Torrid physical stores in participating countries (including outlet stores) and through the Torrid online store. Purchases made with merchandise credits issued in the form of a certificate or gift certificate will qualify.
- b. The following amounts and purchases are not qualifying purchases and Points will not be earned on them: (i) the amount of purchase covered by the redemption of a Reward or other Program Coupon; (ii) online purchases of gift boxes and gift wrapping services; (iii) purchases made by redeeming or using gift cards; and (iv) the amount paid for sales tax, state fees, shipping charges, delivery charges or other excluded charges specified by Torrid from time to time.
- IV. Rewards and Other Benefits
- 1. Torrid will issue a $10 reward (each, a "Reward ") to a Member for every time the Member earns an additional 200 Points ("Reward Level"). You will be notified by email, at the email address registered with your Online Account, each time you earn a Reward. We suggest adding Torrid.com to the approved senders list in any spam filter you are using, as we have no responsibility for ensuring that you receive emails we send to you. If you need to update your email address, please visit https://www.torrid.com/account. Upon earning a Reward, Torrid will deduct 200 Points from your Program account. The Reward will appear in your Online Account, and there will be a code assigned to each Reward that you can use to redeem the Reward. While the 200 Points used to earn each Reward will be deducted from your Program account for purposes of earning the Reward, those Points will continue to be counted towards your Lifetime Points to determine whether you have reached the Platinum status of membership.
- 2. As a Member, you may receive a special offer for your birthday each year (such as a coupon that can be used towards the purchase of Torrid products at participating stores or at the Torrid online store). The birthday offer coupon and any other coupon offered as a benefit of the Program shall be referenced as a "Program Coupon". Torrid shall determine in its sole discretion the special birthday offer, or whether one is offered at all. Program Coupons may be subject to certain restrictions concerning their use or your ability to combine them with other promotional offers or benefits; please read the Program Coupons carefully for such restrictions.
- 3. For transactions at a participating Torrid physical store, you can use as many Rewards as you wish. However, when shopping at the Torrid online store, you may only use a maximum of 10 Rewards for each single transaction.
- 4. Rewards and Program Coupons cannot be used for gift cards, prior purchases, shipping and handling fees, taxes or donations.
- 5. NO PARTIAL REDEMPTIONS. If the price of merchandise you wish to purchase is more than the value of a Reward or Program Coupon, you will need to pay for the remaining cost of the product. IF THE PRICE OF MERCHANDISE YOU WISH TO PURCHASE IS LESS THAN THE VALUE OF THE REWARD OR PROGRAM COUPON, THE REMAINING VALUE OF THE REWARD OR PROGRAM COUPON WILL BE FORFEITED
- 6. NO REISSUE OF REWARDS, PROGRAM COUPONS OR POINTS UPON RETURNS. WE WILL NOT RETURN OR REISSUE TO YOU ANY REWARDS OR PROGRAM COUPON(S) YOU USED TO PURCHASE MERCHANDISE, OR RESTORE POINTS TO YOUR PROGRAM ACCOUNT, IF OR WHEN YOU RETURN THE MERCHANDISE TO US. THIS IS BECAUSE REWARDS, PROGRAM COUPONS AND POINTS HAVE NO CASH VALUE AND CAN BE USED ONLY ONCE. IF YOU CHOOSE TO USE A REWARDS OR PROGRAM COUPON TO PURCHASE AN ITEM THROUGH OUR STYLE FINDER PROGRAM (LOCATING THE ITEM AT ANOTHER LOCATION) AND THE ITEM IS NOT LOCATED AND SHIPPED TO YOU, YOU WILL LOSE THE VALUE OF THE REWARD OR PROGRAM COUPON AND POINTS WILL NOT BE RESTORED TO YOUR PROGRAM ACCOUNT FOR THE POINTS REPRESENTED BY THE USED REWARD OR PROGRAM COUPON. IF THE TRANSACTION REQUIRED YOU TO PAY ANYTHING BEYOND THE REWARDS OR COUPON AMOUNT, WE WILL REFUND THE AMOUNT YOU ACTUALLY PAID TOWARD THE TRANSCATION BUT YOU WILL NOT GET YOUR REWARD, POINTS, OR PROGRAM COUPON BACK.
- 7. Rewards and Program Coupons can be used in participating Torrid physical stores or at the Torrid online store (www.Torrid.com). Rewards may also be used at Torrid outlet stores. To redeem your Rewards or a Program Coupon at a Torrid physical store, you must provide your Membership Identifier at the time of purchase. To redeem your Rewards or a Program Coupon at the Torrid online store, you will need to log in to your Online Account before completing your checkout process.
- 8. REWARDS EXPIRE 45 DAYS FROM THEIR DATE OF ISSUE, SO REMEMBER TO USE THEM PROPMTLY. UNLESS OTHERWISE NOTED ON THE PROGRAM COUPON, EACH PROGRAM COUPON WILL EXPIRE ON THE EXPIRATION DATE SHOWN ON OR WITH THE PROGRAM COUPON.
- 9. Additional exclusions and limitations related to Rewards or Program Coupons may be specified at the discretion of Torrid. Exclusions will be provided on the Rewards and Members may be notified of additional eligible and ineligible merchandise at the point of redemption.
- 10. No photocopies or facsimiles of Program Coupons will be accepted. Lost, stolen, or expired Program Coupons will not be replaced.
- 11. Qualifying Purchases made at the time a Reward or Program Coupon is redeemed for purchase amounts not covered by the Reward or Program Coupon will be applied to the Member's Program account who earned the Reward that is being redeemed.
- 12. Shipping Fee Benefits for Platinum Members: If you are a current Platinum Member or Torrid Platinum Credit Card Member, you will also receive the following benefits for online orders placed at www.Torrid.com: (i) free standard shipping to destinations within the continental United States; (ii) 50% off shipping rates for standard shipping to destinations in Hawaii, Alaska, any U.S. territory (such as Puerto Rico and Guam), and countries other than the United States.
- V. Additional Terms
- 1. Points, Rewards and Program Coupon Value.
- a. BY COLLECTING POINTS AND/OR REWARDS, MEMBERS HAVE OBTAINED A LIMITED LICENSE TO A DIGITAL PRODUCT. POINTS, REWARDS AND PROGRAM COUPONS ARE NOT THE MEMBER'S PERSONAL PROPERTY AND HAVE NO MONETARY OR CASH VALUE. POINTS, REWARDS AND PROGRAM COUPONS THAT REMAIN ON A MEMBER'S ACCOUNT WILL EXPIRE AND WILL BE FORFEITED IF THE PROGRAM IS TERMINATED. POINTS, REWARDS AND PROGRAM COUPONS MAY BE REVOKED ANY TIME BY TORRID AS SET FORTH HEREIN. REWARDS AND ANY OTHER PROGRAM BENEFITS (SUCH AS PROGRAM COUPONS FOR A SPECIAL BIRTHDAY OFFER) MAY ONLY BE USED ONCE, ARE NOT REDEEMABLE FOR CASH, AND NO CHANGE OR CURRENCY WILL BE GIVEN FOR THEIR REDEMPTION. To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if Torrid becomes insolvent, unable to pay our debts when due, file an action under the United States Bankruptcy Code or have such an action filed against us. Rewards may not be used as payment of any outstanding obligations to the Bank or its affiliates. Any additional exclusions or limitations for use of Rewards will be provided to you on the Rewards certificate.
- b. Points and Rewards may not be transferred or assigned, and are not transferrable upon death, as part of a domestic relations matter or otherwise by operation of law.
- 2. Program membership and its benefits are offered at the discretion of Torrid. Torrid reserves the right, without limitation, to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, even though such changes may affect the value of Points already accumulated and/or the ability to use accumulated Points toward Rewards or other Program benefits. All Points and Rewards earned by a Member will no longer be useable in the Program after the effective date of termination. Torrid may, among other things: (i) increase or decrease the number of Points earned on a Qualifying Purchase or for engaging with Torrid in any Points-qualifying activity; (ii) increase the number of Points required to earn a Reward; (iii) institute or add blackout dates; (iv) change the value of a Program Coupon to be received as a special birthday offer (if any special birthday offer is provided); (v) modify Points, Reward and Program Coupon expiration dates; and/or (vi) limit the number of Rewards for use by a Member on a single purchase. WE MAY CHANGE OR MODIFY THESE TERMS BY POSTING THE UPDATED TERMS AT WWW.TORRID.COM AND SENDING YOU AN EMAIL ADVISING YOU OF THE NEW OR DIFFERENT TERMS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE NEW OR DIFFERENT TERMS. YOU SHOULD PERIODICALLY VISIT WWW.TORRID.COM TO REVIEW THE THEN CURRENT TERMS TO WHICH YOU ARE BOUND.
- 3. These Terms supersede all previously published Terms in their entirety.
- 4. Abuse of the Program, including failure to follow Program policies and procedures, the sale or barter of Rewards, Program Coupons, products, Points, or promotional offers, and any misrepresentation of fact relating to these or other improper conduct as determined by Torrid in its sole judgment may result in cancellation of a Member's Program account and future disqualification from Program participation, forfeiture of all Points accrued, and cancellation of previously issued but unused Rewards. At our discretion, and without limitation of our other rights and remedies, we may prosecute abuse of the Program to the fullest extent of the law. Torrid reserves the right to discontinue the participation privileges of any Member who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms or any applicable country's federal, municipal, provincial, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points, Rewards and Program Coupons. In addition to discontinuance of participation privileges, Torrid shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- 5. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Program account for the purpose of accumulating Points for combined use.
- 6. Torrid is not responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
- 7. All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards, Program Coupons or other Program benefits, or a Member's compliance with these Terms will be resolved by Torrid in its sole discretion.
- 8. Torrid reserves the right to make Bonus Points and other promotional offers available to select Members based on purchase activity, geographic location, Program participation, and/or information supplied by the Member. Torrid reserves the right to add, withdraw, amend, or otherwise change Bonus Points opportunities at any time at its sole discretion, with or without notice to Members.
- 9. Torrid is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by Members, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access or use the Torrid website or access a Member's Online Account, or for any other technical or non-technical error or malfunction.
- 11. Torrid, its parent and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, EACH MEMBER HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES) RELATING TO THAT MEMBER'S PARTICIPATION IN THE PROGRAM, USE OF REWARDS, PROGRAM COUPONS, OR OTHER PROGRAM BENEFITS, OR AGREEMENT TO THESE TERMS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM AND/OR POINTS, REWARDS, PROGRAM COUPONS OR OTHER BENEFITS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Bank does not: (a) endorse Rewards or products or services purchased at Torrid using Rewards; (b) make any express or implied warranty regarding Rewards or products or services purchased at Torrid; (c) guarantee the performance of Rewards or products or services on Torrid; or (d) offer, operate or control Rewards offered through this Program.
- 12. Each Member agrees to indemnify, defend and hold the Released Parties harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Released Parties in connection with any claim arising out of any breach by the Member of these Terms or the foregoing representations, warranties and covenants. Each Member will cooperate as fully as reasonably required in the defense of any claim. Torrid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member and Member shall not in any event settle any matter without the written consent of Torrid.
- 13. The TORRID trademark and/or logo, TORRID INSIDER trademark and/or logo, and TORRID taglines or slogans are the intellectual property of Torrid. Artwork, photography, and logos, including the logos and taglines used in conjunction with the Program, on this web site or in print, are copyrighted intellectual property of Torrid. These logos and materials may not be used, reproduced, replicated or doctored in any manner without the written consent of Torrid.
- 14. Governing Law and Arbitration.
- 1. Governing Law. These Terms and the interpretation of these Terms will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
- 2. Arbitration. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND TORRID (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM AND/OR OR ANY POINTS, REWARDS, PROGRAM COUPONS OR OTHER PROGRAM BENEFITS EARNED OR OBTAINED THROUGH THE PROGRAM, THE USE OR ACCESS TO ANY TORRID WEBSITE OR YOUR ONLINE ACCOUNT, OR THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE PROGRAM PROVIDED BY TORRID CONCERNS INTERSTATE COMMERCE, THE UNITED STATES' FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE FEDERAL OR STATE LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. IF YOU CAN DEMONSTRATE THAT ARBITRATION IN THE STATE OF CALIFORNIA WOULD CREATE UNDUE BURDEN TO YOU, YOU MAY INITIATE THE ARBITRATION IN YOUR HOME STATE. OTHERWISE, THE ARBITRATION STHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA'S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
- 3. NO CLASS ACTIONS. NEITHER YOU NOR TORRID SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER PROGRAM MEMBERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- 15. These Terms constitute the entire agreement between Program Members and Torrid pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
- 16. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.