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Ann Taylor

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ANNTAYLOR.COM Terms of Use



Welcome to the Ann Taylor website (the "Site"). Please read the below terms carefully, because your use of the Site constitutes your agreement to these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Site. Ann Taylor, in its sole discretion and without notice to you, reserves the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Site, you agree to accept any such changes.

Merchandise Availability

Ann Taylor prides itself in providing exclusive, quality merchandise. Availability of merchandise may vary at Ann Taylor Stores and on anntaylor.com. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on anntaylor.com. Display of an item on anntaylor.com is not a guarantee that the item is currently in stock or that it will be available on our website when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our website or if you have any questions concerning the availability of a particular item, please contact our Client Services group at ANN TAYLOR CLIENT SERVICES, ATTN: Senior Director, 4079 Executive Parkway, 3rd Floor, Westerville, Ohio 43081-3859. We will make every effort to fulfill your requests whenever possible.

Merchandise Display

Ann Taylor will make every reasonable effort to display its merchandise on anntaylor.com as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. Ann Taylor is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item you purchase from anntaylor.com, you can return or exchange it to us. For more information regarding Ann Taylor''s return and exchange policy and procedures, please visit the Customer Service page on our website, and then click on the "Return Policy" tab.

Site Transactions

We do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Copyright and Trademarks

The entire content (images and text) of anntaylor.com is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without the express written permission of Ann Taylor.

All Ann Taylor trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Annco, Inc. or its affiliates. The use (except as permitted herein) or misuse of the trademarks or any other intellectual property of Annco, Inc. is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Annco, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Your Account

When and if you use the Site, it shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account.

User Submissions

Any comments, suggestions, ideas, materials and other submissions ("User Submissions") that you send to Ann Taylor are provided on a non-confidential basis. By submitting User Submissions, you are granting Ann Taylor an irrevocable, royalty-free, perpetual, worldwide, and fully sublicenseable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Ann Taylor the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.

You agree that no User Submission made by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Submissions made by you to the Site will be or contain material that is false, misleading, libelous, unlawful, abusive, indecent, or obscene. You agree that you will remain responsible for the content of any User Submissions you make and that you will not seek to hold Ann Taylor liable for the User Submissions of others.

We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that we believe violates these Terms of Use, is otherwise objectionable, or for any other reason without prior notice.

Links to Other Websites

When you access a non-Ann Taylor website, please realize that it is independent of Ann Taylor. Linking to any off-site pages is at your own risk. Ann Taylor makes no warranties or representations about any non-Ann Taylor website and has no responsibility for such websites or their content. In addition, certain third party sites may also provide links to Ann Taylor websites. None of such links should be deemed to imply that Ann Taylor endorses such third party sites or any content therein.

By accessing anntaylor.com, each user also agrees not to use anntaylor.com to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Ann Taylor websites or would otherwise violate the law. Ann Taylor reserves the right to take such action as it deems appropriate in cases where Ann Taylor websites are used to disseminate such materials.

Your Right to Use the Site

You are authorized to use the Site only for personal, non-commercial purposes. You may download or copy the content displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

By accessing the Site, you agree not to use the Site in any way that is prohibited by these Terms of Use, including by using the Site in a way that is illegal or could give rise to civil liability or that could violate the security of Ann Taylor websites or otherwise cause injury to Ann Taylor or any other party. Ann Taylor reserves the right to take such action as it deems appropriate in cases where Ann Taylor websites are used to disseminate such materials.

Pricing

Prices displayed on anntaylor.com are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time.

Information Accuracy

Ann Taylor will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability and other matters. Ann Taylor makes no warranties or representations regarding the accuracy of such information and will not be bound thereby. Ann Taylor reserves the right to correct any errors and to update Site information at any time (including after you have submitted your order). We apologize for any inconvenience this may cause you.

International Use

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

Indemnity

You agree to defend, indemnify and hold Ann Taylor, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms of Use or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Disclaimer

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." ANN TAYLOR DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. NEITHER ANN TAYLOR NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF ANN TAYLOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF ANNTAYLOR.COM AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.

Miscellaneous

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Ann Taylor's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Termination

Ann Taylor may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Ann Taylor's sole discretion you fail to comply with any term or condition of this Agreement.

Last updated July 1, 2010.
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