Terms of Agreement

Terms of Use
Revised December 5, 2008

Welcome to soma.com. Your use of this website constitutes your agreement to follow and be bound by these Terms of Use ("Terms"). We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you visit our website.

Site Contents
Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials ("Content") are owned, controlled or licensed by Chico's Retail Services, Inc. and its Affiliates. ("Affiliates" includes any other entity controlling, controlled by or under common control with Chico's Retail Services, Inc., where "control" means the possession, directly or indirectly, of the power to direct the management and policies of an entity, whether through voting securities, contract or otherwise.) Content is provided solely for your personal, noncommercial use. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.

Comments, Suggestions and Submissions
Any comments, suggestions, ideas, submissions or other communications submitted or offered to us ("Your Comments") will be and remain the property of Chico's Retail Services, Inc. and its Affiliates. Submission of Your Comments, whether via email, postal mail, or otherwise, will constitute an assignment to Chico's Retail Services, Inc. and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in Your Comments. We will be entitled to use, reproduce, disclose, publish and distribute Your Comments (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that: Your Comments will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Your Comments will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.

Product Display and Information
We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor's display of merchandise color, texture or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S Dollars and are valid only in the United States. We reserve the right to change pricing at any time.

Site Transactions
We reserve the right to refuse any order placed with us or to 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. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.

Links to Other Websites
This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites which you use at your own risk.

Disclaimer
This website and Content are provided on an "as is" basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this website is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this website.

Indemnification
You agree to defend, indemnify, and hold Chico's Retail Services, Inc. and its Affiliates (including their officers, directors, employees and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, related to or arising out of your use of the website and/or your breach of the Terms.

Dispute Resolution, Choice of Law and Forum
In the event of any claim, action or dispute related to or arising out of any soma.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, ("Dispute"), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to Chico's Retail Services, Inc., notice will be sent to Chico's Retail Services, Inc., Attention: Legal Department, 11215 Metro Parkway, Fort Myers, FL 33966. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and Chico's Retail Services, Inc. and its affiliated companies agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Lee County, Florida. The Terms will be construed in accordance with the laws of the State of Florida, without regard to any conflict of laws provision.

Miscellaneous
Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this website.

© 2008 Chico's Retail Services, Inc. All Rights Reserved.