Please read this agreement carefully. It sets forth the legally binding terms and conditions for your participation in the Soma Rewards+™ program. These terms require you to arbitrate any disputes you have with us and you waive the ability to bring claims against us in court, to have any dispute heard by a judge or jury, or to bring claims against us in a class action format. In the event of a dispute, you are waiving your right to sue in court. This agreement includes a disclaimer of warranties and limitation of liability that may apply to you in the event of a dispute.
The Soma Rewards+™ Program (“Program”) at Soma® is designed to show our appreciation for our loyal customers. Members receive exclusive offers and Benefits (defined below) like being the first to know about our newest collections, sales and offers, invites to special events, earning points (“Points”) on your Qualifying Purchases, Bonus Points Days and more. As you continue to earn Points on Qualifying Purchases (defined below), you’ll receive Rewards (defined below) coupons redeemable on future purchases. The more you earn the more you save!
By signing up for the Program, participating in the Program, or continuing to use any of the Program benefits or offers (“Benefits”) you are indicating your acceptance of these terms and conditions (“Rules”) and all future Program Rules (collectively, this "Agreement" or these “Terms”) as a Soma Rewards+™ Program member ("Member", "you" or "your"). The sponsor of the Program is Chico's Distribution Services, LLC ("Soma", or "our", "we", "us).
It is important that you review this Agreement regularly. We may impose limits on, or eliminate certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability. Each time you access and/or use the Program, you agree to be bound by and comply with the most current version of this Agreement and any Additional Terms (defined below). If you do not agree to this Agreement and all of the Additional Terms, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in this Agreement – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you.
In some instances, both this Agreement and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to this Agreement, any contest, sweepstakes or other promotion we may offer as part of the Program or to Program members, is and will also be subject to separate official rules (“Official Rules”) which will be posted in the Program during the applicable promotion period, and which will govern Members’ participation, and our execution, of each such promotion. To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
To participate in the Program, you must be at the time of Program enrollment: (i) at least eighteen (18) years of age; and (ii) a resident of one of the fifty (50) United States or the District of Columbia. International residents are not eligible for the Program. Employees, officers and directors of Soma and its Affiliates, including any entities engaged in the development, execution or fulfillment of this Program, together with the immediate family members and persons living in the same household (whether legally related or not) as such individuals, members of any corporate or wholesale account of Soma (or its Affiliates) and third-party businesses, including but not limited to other retailers, wholesalers, jobbers, diverters, or other organizations, clubs or entities of any kind or nature are not eligible to participate in this Program; Violators may be prosecuted to the fullest extent of the law. For purposes of this Agreement, “immediate family members” are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren, if living in the same household as an Associate and “those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
In order to access and use the Program, Members must have a device that is capable of accessing the Internet. Members under the age of majority in the state in which you reside (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) and who register for this Program represent to Soma that you have secured your parents’ or legal guardians’ permission to participate. In the event that Soma is notified by a parent or legal guardian of a minor that the parent or legal guardian does not wish their minor child to participate in this Program, Soma will delete the minor Member’s account and will void all Points and Rewards in the account at the time of deletion. Minor participants must have a parent or legal guardian agree to this Agreement as a condition of participation.
The Program does not apply to merchandise purchased from: international locations, certain Soma® Boutiques and Outlet locations in the U.S. as may be determined by us from time to time, any third-party locations carrying our products (including, but not limited to, airports), or through third-party websites. Other restrictions may apply.
Each Member is permitted one (1) Soma Rewards+™ Program membership only. Memberships are not transferable and cannot be shared. Please note that individual email addresses may only be associated with one (1) Soma Rewards+ account at a time. Phone numbers may only be shared if each Member has completed their online profile using their individual separate email address or provided their individual separate email address during the in-store sign-up process.
If you are currently sharing an email address or are sharing a phone number with another Member’s account that doesn’t meet the above criteria, please contact Customer Service to provide an alternate email address for your account. Duplicate accounts or accounts with shared emails may be cancelled, and all Points and Rewards forfeited, or accounts may be combined, at our discretion, without notice and without any liability; accounts with shared telephone numbers: (i) with no email associated with either or both accounts, or (ii) with a single email shared between both accounts may be cancelled and all Points or Rewards forfeited at our discretion. without notice and without any liability. If you have more than one (1) Soma Rewards+™ account, please contact Customer Service to merge your accounts.
You may complete your Membership profile by logging in to soma.com at any time or by visiting a Participating Location and providing your valid email, phone number, mailing address and birthday information.
In order to receive all of the Benefits of the Program, you must complete and maintain your online Membership profile and opt-in to receive e-mail marketing communications from Soma and our Affiliates. Certain Program Benefits require you remain opted-in to email marketing to receive them.
If you elect to opt-out of email marketing, you will still receive your earned Rewards and Birthday Rewards as part of our transactional communications, but you will no longer receive certain Benefits you may otherwise be eligible to receive.
Violation of the Program rules, Rewards or coupon terms or any other promotion terms may result in revocation of Membership. Soma reserves the right to modify the Program or eliminate benefits at any time without prior notice.
As a member of the Program, you will earn at least five (5) Points per $1 spent on Qualifying Purchases at Participating Locations. Points will be calculated based on qualifying merchandise purchases, excluding gift cards, prior purchases, price adjustments on prior purchases, certain excluded merchandise and other exclusions that may apply from time to time, after all applicable discounts have been applied (e.g., in store event discounts, coupons, special offers, Reward certificate redemption), and before shipping and/or taxes (“Qualifying Purchases”).
In order to earn Points, you must provide your Soma Rewards+™ Member number, phone number or email address associated with your Membership at time of purchase or sign in using your existing login prior to checkout. Accrued Points will be posted to your account within three (3) business days from the time of your in-store purchase or from the date your order ships. Your Qualifying Purchase amount will be rounded to the nearest whole number for purposes of Points calculation.
Point calculations in each Membership Tier are based upon dollars spent at checkout on Qualifying Purchases. Points shall expire automatically three hundred sixty-five (365) days from the date they are earned, have no cash value and are not redeemable or transferrable.
If you return or exchange any merchandise that is part of a Qualifying Purchase, the corresponding amount of Points earned on that Qualifying Purchase will be deducted from your balance. For example, if you are in the Dream Tier, you earn 5 Points for every dollar spent; so if you made a Qualifying Purchase of $100, you would earn 500 Points. If you later return a $25 item, 125 Points will be deducted from your Points balance. If you exchanged a $50 item for a $30 item, 100 Points will be deducted from your Points balance. If you return any part of a Qualifying Purchase after a Reward has been issued from the Points earned on such purchase, a negative Points balance may result, or the Reward may be void and automatically forfeited. If your return includes merchandise that was purchased in whole or in part using Reward certificates or other coupons or discounts, the value of those Reward certificates, coupons, and discounts shall be forfeited.
From time to time, Soma may offer additional opportunities to earn Points or Rewards, other than through Qualifying Purchases. Offer terms may vary, participation may be limited to certain Member Tiers, certain Participating Locations and may include other exclusions. See individual offer terms for full details. Soma may discontinue, change or replace offers and the relevant offer terms at any time.
We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in this Agreement, to: (i) change the number of Points awarded, or to award no Points, for any particular Qualifying Purchase or other activity, (ii) offer additional or new qualifying activities for a limited time or permanently, (iii) eliminate any or all means to earn Points or Rewards, (iv) limit the number of times or frequency a Member may earn Points for engaging in a Qualifying Purchase or other activity or engaging in the activity during a specific time period, (v) offer Points earning opportunities to select groups of Members, (vi) change the terms and conditions applicable to any Points or Rewards; (vii) change the terms, change the frequency or change, add or eliminate any Benefits offered under the Program; and (viii) revise or eliminate the structure, Benefits and offers of the Tier system. Also, Soma may offer Points for making a Qualifying Purchase or otherwise engaging in a qualifying activity under one set of rules for one promotion, and may opt not to offer Points for engaging in that same activity under a subsequent promotion. Once a qualifying activity has been successfully completed and verified, the corresponding number of Points will appear in your account.
Each Member will be responsible for ensuring the accuracy of their Points totals. If you believe your Points total is not accurate, or that Points earned were not credited, please contact us as follows: email Customer Service at firstname.lastname@example.org, see a Bra Fit Expert in any Soma® Boutique or Outlet location or call 866.768.7662 within six (6) days of the end of the applicable activity to ensure Points credit is applied on your Qualifying Purchases made in accordance with these Terms. Points subsequently determined to be invalid (in the sole discretion of Soma), will be removed from your Account total.
Any Points you earn by making a Qualifying Purchase or otherwise completing another qualifying activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of Rewards. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Points, which remain Soma property at all times. Points have no “real world” or cash value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Points have no purpose or use except in exchange for Rewards (if any) offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any Points, or offer to purchase, sell, or trade any Points or other virtual items. Any attempt to combine or transfer Points in any other manner will result in disqualification from the Program and forfeiture of all Points and Rewards in the Member account. Points will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Points by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
Any Points remaining in a Member account after the Program end date will be forfeited without compensation. Points have no cash value and are only redeemable for Rewards offered via the Program.
Earning Rewards is easy! Each time you earn enough Points based on your Tier, we’ll deduct those Points from your account balance and issue you a Reward certificate coupon redeemable for $5 off your next merchandise purchase in Participating Locations (each, a “Reward”). Limit six (6) Rewards issued per month. Any Rewards earned above the monthly limit will be banked and issued in the following month. Each Reward issued must be used by the expiration date listed on the Reward or the Reward will be void and forfeited.
Rewards will be issued, within forty-five (45) days of the date the Reward is earned, to the email associated with your Membership. If at any time we do not have a valid email address on file, Rewards earned during that time will be void and forfeited; Points redeemed in relation to any forfeited Rewards will not be reinstated. Each Member is responsible for ensuring the email address associated with his/her Member account is accurate and up to date. Changes to Member accounts or the information in them should only be made by the owner Member to whom such accounts belong. We are not responsible for non-receipt of any Reward.
Rewards are issued as one-time-use coupons for discounts off future merchandise purchases and may only be applied to merchandise purchases totaling more than the amount of the total Rewards plus all other offers and coupons presented for redemption. You may combine up to a maximum of five (5) separate offers (Rewards, Birthday Rewards, other Program offers or coupons and Soma® online or in-store offers or coupons) on a single transaction, subject to each offer or coupon’s individual terms; further restrictions on the number of offers that may be combined may apply from time to time. For instance, if you an earned three (3) Rewards plus a Birthday Reward and you received a mailer coupon from Soma®, you may use them all on the same transaction so long as the offers have not expired and you meet the relevant criteria associated with each offer. Other than free shipping offers, offers of any kind cannot be used to pay for sales tax, shipping, or the purchase of gift cards. At checkout, dollar-off Rewards, Program offers or coupons or other dollar-off Soma® offers or coupons shall be applied before any percentage-off (%- off) offers and before sales tax and shipping, if any.
Rewards offers are subject to the terms and conditions accompanying each Reward. We are not responsible for lost or stolen Rewards or other offers. Rewards are non-transferable and are limited to one per customer, one transaction and one-time use only. Additional restrictions may apply. Rewards may be revoked at any time in our sole discretion.
Additionally, any Rewards you earn are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable coupon solely for use towards future purchases at Participating Locations. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Rewards, which remain Soma property at all times. Rewards have no “real world” or cash value and are not redeemable for cash, and are not transferable or assignable for any reason or otherwise by operation of law. Rewards have no purpose or use except as a coupon towards future purchases. Accordingly, you may not purchase, sell, barter, or trade any Rewards, or offer to purchase, sell, or trade any Rewards or other virtual items. Any attempt to combine or transfer Rewards in any other manner will result in disqualification from the Program and forfeiture of all Points and Rewards in the Member account. Rewards will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Rewards by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
We offer four (4) Tiers of Benefits in the Soma Rewards+™ Program: Dream, Serene, Bliss, Cloud 9. When you join, you will automatically be enrolled at the Dream Tier, unless your first Qualifying Purchase unlocks a higher Tier. Your Tier status is based on total Qualifying Purchases made at Participating Locations within each calendar year:
Present your Soma Rewards+™ membership number or email every time you shop in Soma® Boutiques and Outlets or login to your Soma Account online at soma.com prior to checkout to earn Points on Qualifying Purchases. Every Qualifying Purchase earns Points towards your next Reward certificate, but to ensure you can take advantage of all the other great Benefits in each Tier, you must complete your online profile and remain enrolled to receive marketing communications from the Soma Rewards+ Program (via either email or regular mail).
Dream Tier Benefits Include:
Serene Tier Benefits Include:
Bliss Tier Benefits Include:
Cloud 9 Tier Benefits Include:
Soma Rewards+™ Program is open to U.S. residents only.
To be eligible to receive a Birthday Reward, we must have your birth month and a current valid email address in your online Membership profile, and you must have completed a purchase with us within the past twelve (12) months. Birthday Rewards are not valid on purchases of gift cards, prior purchases, taxes, shipping and certain other merchandise; other exclusions may apply. Limit one (1) Birthday Reward per customer per Calendar Year. To provide your Birth Month after enrollment, ask your Bra fit expert to add it at checkout in any participating Soma location or update or create your online Loyalty profile at soma.com/register.
As a Soma Rewards+™ Member, you are eligible for Receipt Free Returns. To participate in our Receipt Free Returns Benefit, you must log into your online account at the time of purchase or provide your email or phone number associated with your Soma Rewards+ Membership when you check out in-store. When you do, you won’t need to present your purchase receipt when requesting a return or exchange.
If your purchase was not linked to your loyalty account (e.g., you checked out as a guest in-store or online), a receipt is required. If your purchase was a gift with no gift receipt, your purchase may still be eligible for return under our Return Policy. All other Return Policy terms apply to any Receipt Free Return transactions. We reserve the right to require receipts on future transactions in the event of suspected abuse or other violations of our Program rules or our Return Policy.
Members with Bliss Tier status or higher automatically receive free Standard Parcel Post shipping (estimated 4-10 days for delivery) on deliveries within the continental U.S. for all purchases made on soma.com. Express and Next Day delivery options are available but not for P.O. Boxes, AP/FPO, military addresses, and certain other areas we cannot reach. See soma.com for shipping details and restrictions. All shipping charged listed on our website include both shipping and handling fees, which are non-refundable. We reserve the right to modify or eliminate Soma Rewards+™ Program shipping Benefits at any time without notice.
Effective July 1, 2022, Colorado now imposes a $0.27 retail delivery fee on all customers with orders that are mailed, shipped or otherwise delivered to a Colorado address. Soma collects and remits the CO Retail Delivery Fee on your behalf. The CO Retail Delivery Fee applies to all orders that are shipped to a Colorado address, including in-store orders that are shipped to Colorado. For online orders, the CO Retail Delivery Fee will appear on your receipt as a separate line item from taxes and shipping fees (if any). For in-store orders, the CO Retail Delivery Fee will be included in the State Taxes line item. Note: The Colorado Retail Delivery Fee amount is subject to change; it is non-refundable and due and owing even if you qualify for our Rewards+ Free Shipping Benefit. Soma is unable to waive the CO Retail Delivery Fee for any reason
For each new gently-used or well-loved bra you donate, you will be eligible to receive 1,500 Points (“Donation Points”, hereby incorporated into the definition of Points), equal to a $5 Reward. Maximum of 3,000 Donation Points will be issued per month; Rewards capped at two (2) Bra donations a month and 36,000 Donation Points per year. To earn Donation Points, donation must be recorded in your Member account; if you’d like to make a donation at any participating Soma® location, be sure to ask any Bra Fit Expert for assistance when you arrive, to receive your Points credit. At the end of each month, any Rewards earned in the month are deposited to Member accounts and expire sixty (60) days after issuance date. We reserve the right to modify or eliminate the Soma Rewards+™ Program Bra Donation Benefits at any time without notice. Additional terms apply, see soma.com/bradonation for more details.
Complete your online profile today so that you are immediately eligible to receive all the Benefits of your Tier status.
Once your Qualifying Purchases exceed $100 within the current calendar year, you will automatically move up to Serene Tier status. To maintain Serene Tier status each year, you must spend $100 or more in net Qualifying Purchases annually. Your Membership will revert to the Dream Tier any year your annual net Qualifying Purchases are less than $100.
You are eligible for full Soma Rewards+™ Tier Benefits at your Tier level immediately after reaching the Qualifying Spend threshold for that Tier and do not need to wait to receive your notification. However, if you are a new Member or are upgraded to a new Tier during any calendar year, you may not be eligible to receive all of the Benefits of your new Tier during the current Program year if the relevant Benefit was issued before you joined or were upgraded, as applicable. Your new Benefits will be applied on your next purchase. To receive your Benefits in stores, please see a Bra Fit Expert prior to checkout.
To maintain your Tier status each calendar year, your net Qualifying Purchases amounts earned before December 31 of the prior year must meet or exceed the minimum threshold for that Tier and shall be calculated based on the final price you paid for the merchandise after any applicable discounts and coupons are applied (including Rewards or Program offers redeemed) and before sales tax and shipping and handling (if applicable) is added, less your returns or exchanges.
You’ll maintain your Tier status in the current calendar year so long as your net Qualifying Purchases (after Returns & Exchanges are calculated) in the prior calendar year did not drop below the Annual Spend threshold for the Tier. Calendar year is defined as January 1 – December 31. If your Qualifying Spend in the prior Calendar Year were not enough to maintain your benefit level, we will notify you of your new level provided we have your current valid email address on file in your Membership profile.
With each new calendar year, we will determine your starting Tier status for the year ahead based on your total net Qualifying Purchases from the prior calendar year and your net Annual Spend for the new calendar year will be reset to zero ($0) every January 1.
For example, if your net Qualifying Purchases in Year 1 is equal to $275, you will enjoy the Benefits of our Bliss Tier for the balance of Year 1 and will start Year 2 in the Bliss Tier. Your Annual Spend history will be reset to zero ($0) at the beginning of Year 2. To remain in the Bliss Tier for Year 3, your net Qualifying Purchases made in Year 2 must meet or exceed $200.
However, if in Year 1 you Return $150 of your $275 total net Qualifying Purchases, your net Qualifying Purchases drop to $125. In this case, you will enjoy the Benefits of our Bliss Tier status for the balance of Year 1 and will start Year 2 in our Serene Tier.
Soma Rewards+™ account status updates will be emailed throughout the year to the email address on file in your Membership account. When you unlock new Tiers, we will send you information on your new Tier and applicable Benefits via email. To ensure you continue to receive important account information and Benefits from Soma Rewards+™ and to receive all applicable Rewards and offers, be sure to complete your Soma Rewards+ account registration online at soma.com before your next purchase to ensure we have your current email address on file. Rewards and Benefits may be forfeited if we do not have a current valid email address for your Membership at the time of issuance.
In order to receive free standard shipping Benefits at soma.com you must register your account online using your existing Soma Rewards+™ membership number. Then just sign-in to your account prior to completing each purchase.
Each Member is permitted one (1) Soma Rewards+™ Program membership (“Membership”) only. Membership is not transferable and may only be used by an individual Member for the Member's personal benefit. Member Benefits cannot be combined with Benefits accrued by another Member. Soma may request proper identification with regard to your Program eligibility and to verify your identity in relation to any Program transactions. Member Benefits will not be applied retroactively to any purchases. Other exclusions may apply.
Once your Membership is activated, you are enrolled at Dream status level and your Qualifying Purchases will start to accrue towards the next status level. You can cancel your Membership at any time as more fully set forth below.
To receive the full Program Benefits, you must provide your first and last name, phone number, email address and birth month. Members are responsible for maintaining accurate and updated personal information with Soma which can be done online or at any Participating Location. Soma is not responsible for loss or theft of any Member Benefits or for Benefits that are not received if you don't maintain accurate personal information with us, and such Benefits will not be reissued or credited.
Accounts may be automatically closed, and your membership Benefits forfeited after twenty-four (24) months of inactivity. Abuse, violation or suspected violation of the Program, the Rules or any coupon or Rewards terms, as determined in Soma’s sole discretion, may result in the immediate termination of your account and/or Program participation, as more fully described below. Soma reserves the right in its sole discretion to accept, deny, suspend or discontinue any Membership for the Program.
Soma reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that Soma believes, in its sole discretion, that a Member (or multiple Members) have violated this Agreement. You agree to abide by Soma’s final and binding decisions regarding the Program and your participation in it.
By signing up or using any Benefits of the Soma Rewards+™ Program, you agree to receive Soma’s general marketing and the Soma Rewards+™ Program marketing communications via email, as well as marketing emails from our Affiliate brands (Chico’s®, Chico’s Off the Rack®, White House|Black Market® and TellTale®). We will also communicate with you regarding your Program status and transactions via the email address on record.
In order to receive the full Program Benefits, you must remain opted-in to Soma’s general marketing and the Soma Rewards+™ Program marketing communications via email at all times. You may opt out of marketing emails from our Affiliate brands at any time. To opt out of marketing communications from Soma Rewards+™ and Soma, you may update your communication preferences at any time by logging into your account at soma.com and modifying your selections in the Profile & Preferences section, visiting any participating Soma store location or by calling Customer Service at 866.768.7662. By unsubscribing from emails, you are only opting out of email marketing communications, we may still communicate with you via email regarding your Program transactions & status, Program details and updates or other transactions with us. You may choose to opt out of an Affiliate’s communications at any time by clicking the unsubscribe link in any email received from the Affiliate.
Soma Rewards+™ Benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not redeemable for cash. Member agrees that the Program and any Benefits related thereto do not create any property rights whatsoever in favor of Member.
Products offered by Soma and its Affiliates are not offered for resale; by signing up for the Soma Rewards+™ Program, you expressly acknowledge and agree that you are entering an agreement with Soma that you will not offer for sale, sell, transship or otherwise engage in any commercial activity (or permit any third parties acting on your behalf to do so) in relation to any products purchased from us using your Rewards account or otherwise; if you are suspected of breaching this provision, in addition to immediately suspending your loyalty Program membership(s) and shopping privileges with Soma and its Affiliates, you agree that Soma and/or its Affiliates may pursue all legal and equitable remedies available against you or anyone acting on your behalf for such breach of contract, including but not limited to, monetary damages, injunctions and/or other remedies. Additionally, we or our Affiliates may place limits on purchases and reject purchases or orders suspected of consisting of commercial quantities of our products or that otherwise violate the spirit of this section. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, the same loyalty program accounts, and/or orders that use the same billing and/or shipping address, including orders or related accounts on our Affiliates' websites.
We also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by Soma until your products are shipped from our warehouse; however, an acceptance of an order by Soma does not constitute a waiver of our rights under our resale policy. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy.
This policy applies to all purchases of Soma and our Affiliates’ products, including, but not limited to, all purchases made at our Participating Locations, or any other stores, sample sales, warehouse sales, and through our websites or third-party websites. We may modify this policy at any time without prior notice.
Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Soma agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act and any other applicable law. This Section can only be amended by mutual agreement. Please read this entire section carefully, as you are waiving certain legal rights in the event of any dispute with us and are agreeing to binding arbitration, among other things.
If any controversy, allegation, or claim arises out of or relates to the Service, any Content, your User-Generated Content, these Terms, or any Additional Terms, any product, service or advertising (including offers and promotions), or connected to the purchase, possession or use of our gift cards or merchandise return cards or their terms (but excluding e-gift cards), or Soma’s operations, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of Soma’s actual or alleged intellectual property rights (an "Excluded Dispute", which includes those actions set forth in Subsection D, and together with a Dispute, a “Claim”), then you and we agree to send a written notice to the other that includes a reasonable description of your Claim and any supporting documentation along with a proposed resolution.
Your notice of any Claim and all other correspondence for any Claim must include your current mailing address. Our notice of any Claim and all other correspondence for any Claim will be sent to you based on the most recent mailing address in our files. If you fail to provide us with your current address, or the address in our records is incomplete or is not current, then we have no obligation to attempt to resolve any Claim prior to proceeding to arbitration.
To provide us notice of a Claim, send the demand via U.S. certified mail to our registered agent: Chico’s Distribution Services, LLC, d/b/a Chico's, c/o Corporate Creations International Inc., 11380 Prosperity Farms Road #221E, Palm Beach Gardens, Florida 33410. For a period of sixty (60) days from the date of receipt of notice from the other party, the parties will engage in a dialogue in order to attempt to resolve the matter, though nothing will require either of us to resolve the matter on terms with respect to which either of us, in each of our sole discretion, are not comfortable.
If we cannot resolve a Dispute as set forth in Subsection A (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, to the fullest extent permitted by applicable law, Any and all disputes arising between you and soma must be resolved by final and binding arbitration. This includes any and all disputes whether based in contract, statute, regulation, ordinance, tort - including, but not limited to, negligence, fraud, any other intentional tort or common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory - and whether arising before or after the effective date of these terms. The Federal Arbitration Act ("FAA") shall govern the arbitrability of all disputes, including the No Class Action Matters section below. By agreeing to arbitrate, each party is giving up its right to go to court and have any dispute heard by a judge or jury.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including awards of attorney’s fees and costs, in accordance with governing law, and injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. The arbitration will be conducted by JAMS, Inc. under its rules by a single neutral arbitrator experienced in commercial disputes with both parties having a reasonable opportunity to participate in the process of selecting the arbitrator. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Discovery and/or the exchange of non-privileged information relevant to the Dispute will be governed by the JAMS rules. The arbitrator shall issue a written award setting forth the arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator's award may be entered in any court of competent jurisdiction.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. If you are an individual consumer and you initiate the arbitration, we shall pay all arbitration administrative fees and fees for the arbitrator’s services, other than the $250 filing fee required for you to initiate a claim. If we initiate the arbitration against you, we will pay all arbitration administration fees and expenses. However, if the arbitrator determines that either our or your claim(s) were frivolous or asserted in bad faith, the party asserting such claims shall be responsible for, and the arbitrator shall award to the other party, reimbursement of any arbitration fees and its costs (including attorney’s fees and costs).
Otherwise, if you initiate the arbitration, other than your initial non-refundable filing fee: [a] we will reimburse the filing, administration and arbitrator fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees of the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, in the event the arbitration is held in California and you do not prevail in the Dispute, we will not seek attorneys' fees and costs in arbitration unless permitted by law. If any party files a court claim that is required by these Terms to be arbitrated, then that party will reimburse the other party’s reasonable legal fees in order to compel arbitration. This arbitration provision shall survive termination of these Terms or the Service.
To the fullest extent permitted by applicable law, if you or we want to assert a dispute (but not an excluded dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in subsection a within one (1) year after the dispute arises -- or it will be forever barred. Commencing means, as applicable (a) by delivery of written notice as set forth above in Subsection A; (b) filing for arbitration with JAMS as set forth in Subsection B; or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any Dispute.
The foregoing provisions of this Section will not apply to any legal action taken by Soma to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to any Claim.
To the fullest extent permitted by applicable law, you and soma agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding or as an association. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party except in the event that substantially similar claims by the same or related counsel as to your claims are filed at or around the same time as your claim; you agree that your claim may be temporarily stayed, phased, or consolidated with such substantially similar claims to allow the arbitration body to establish efficient and fair adjudication procedures with respect to all such claims. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or, except as set forth above, other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Subsection B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Subsection F. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Claim arising hereunder may only be instituted in the state or federal courts with competent jurisdiction located in Lee County, Florida and may only be instituted after the process set forth in Subsection A has been completed. Accordingly, you and Soma consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Notwithstanding the foregoing, either of us may bring a qualifying Dispute (but not Excluded Disputes) in any small claims court of competent jurisdiction after the process set forth in Subsection A has been completed.
Notwithstanding any other provision in these Terms to the contrary, to the extent Soma makes a material change to this Section, such change will not apply to any dispute that you provided Soma notice of prior to the change.
This Agreement is governed by the laws of the State of Florida without regard to conflict of law principles. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within Lee County, Florida and you irrevocably submit to the exclusive jurisdiction of such courts.
Notwithstanding any other provision in this Agreement to the contrary, to the extent Soma makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Soma notice of prior to the change in the dispute resolution provision.
To provide us notice of an arbitration demand, send the demand to our registered agent: Chico's Distribution Services, LLC d/b/a Soma c/o Corporate Creations International Inc., 11380 Prosperity Farms Road #221E, Palm Beach Gardens, Florida 33410.
Soma and its affiliates, and their respective officers, directors, employees and agents 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 or any products or services related thereto and expressly disclaims any such warranties.
You hereby release, to the fullest extent permitted by law, soma and its affiliates and their respective officers, directors, employees and agents from and against any and all liability (known or unknown) arising from or relating to the program, your membership in the program or this agreement.
Soma®, the Soma logos, the Soma Rewards+™ Program and other logos and taglines, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials and/or related to the Soma Rewards+ Program (collectively, "Company Intellectual Property") are the intellectual property of Soma (or its Affiliates), licensed to others under controlled conditions. You are not authorized to use any Company Intellectual Property for your own purposes without the express prior written consent of our General Counsel.
Soma reserves the right to terminate your Membership at any time in its sole discretion for any reason. Without limiting the foregoing, any violation or suspected violation of this Agreement, any Benefits or offer terms or any suspected abuse of the Program, as determined in Soma sole discretion, may result in termination of your Membership. Examples include but are not limited to your failure to follow the Program policies and procedures, transferring your Benefits offers to another, engaging in transaction-splitting behavior to get around any per-transaction limitations using multiple Soma Rewards+™ Memberships, or purchasing our Products for resale. If your Membership is cancelled by us, you will be ineligible to enroll or participate in the Program in the future and will forfeit all Benefits and offers. Soma reserves the right to take legal action to recover any damages, attorneys' fees, or court costs from you for your breach of this Agreement.
To cancel your Membership at any time, please call our Customer Service department at 866.768.7662. Please note, all Benefits and offers shall be forfeited at such time. It may take from 4 to 6 weeks before you stop receiving Program communications; however, you are not eligible to redeem any offers you receive after your Membership is cancelled; in the event you receive any Program Benefits after you cancel your Membership, such Benefits are subject to this Agreement. Terms and conditions of this Agreement that by their nature survive the termination of your Membership, shall survive in perpetuity.
This Agreement shall be interpreted and applied to give Soma maximum control of the administration of the Program. All decisions by Soma are final and binding.
Soma reserves the right to add, modify, remove, replace or eliminate any of the Rules, Benefits or the structure of this Program (collectively, “Updates”) at any time and from time to time in its sole discretion without prior notice and without any further obligation to our Members. Updates shall be effective on the date they are posted on soma.com, and you agree that such posting constitutes valid and effective notification method of such Updates and no further notice methods are required; continued use of your Membership after such date constitutes acceptance of all such Updates. We may also, as a courtesy only, send Updates via email or notify you that there are Updates the next time you make a purchase at a Participating Location; doing so does not create any obligation on our part to do so again in the future. If you disagree with any Updates, your sole remedy is to cancel your Membership in the Soma Rewards+™ Program.
Soma may terminate this Program, change the Terms of this Program and any benefits offered hereunder or limit participation, each in whole, or in part, in our sole discretion, at any time without notice. If the Program is terminated or so modified, all accrued Benefits or offers in any affected account(s) will be available for use through their individual expiration dates, in accordance with the terms of this Agreement and their individual terms.
Membership Rules are void where and to the extent prohibited by law. Taxes may apply where required by law.
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Last Updated: June 6, 2022
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