Effective Date: 9/25/2025
THE FOLLOWING PROGRAM TERMS GOVERN YOUR ACCESS TO AND USE OF THE CHILDREN’S PLACE VIP PERKS WEBSITE (“SITE”) AND ALL PROGRAMS OFFERED THROUGH THE SITE, INCLUDING HOW DISPUTES BETWEEN US WILL BE HANDLED AS DESCRIBED IN SECTION 9, BELOW WHICH INCLUDES YOUR AGREEMENT TO INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND TO PURSUE A CLASS ACTION. ACCORDINGLY, PLEASE READ THESE TERMS CAREFULLY.
The access, and use of, and the purchase of products and services through, the Christianbook website located at Christianbook.com is subject to the Christianbook Terms and Conditions located at https://www.christianbook.com/page/info/terms-and-conditions.
1. Program Terms. These Program Terms (“Terms” or “Program Terms”) constitute the legally binding terms governing your use of the Site, the membership programs available to you through the Site (each, a “Program”) and your participation in the Program. By accepting these Terms, you agree to be bound by these provisions. Please read them carefully. The full details of the Program are available childrensplacevipperks.com/how-it-works.
1.1. Acceptance. When you enroll in a Program, and each time you use or access the Site or Program, these Terms govern your use of the Site and the Program. If you do not agree to these Terms, you must discontinue using the Site and terminate your membership in the Program (as applicable). The Program is available to you by The Children’s Place, Inc. and provided by Clarus Commerce LLC as a service provider on behalf of and for the benefit of The Children’s Place, Inc. and its affiliates (hereinafter “The Children’s Place”, “us”, “our” and “we”).
1.2. Updates to Terms. We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. We will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. Such updates or changes may, without limitation, change, add, or eliminate Membership or Program benefits, features, terms, and conditions, in whole or in part, at any time without notice or compensation, even though such actions may affect Membership or participation in any Program. All such updates or changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Programs. Your continued use of the Site and/or the Program after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site and Programs by terminating your membership in the Programs.
1.3. Electronic Form. By accessing the Site or enrolling in a Program (thus becoming a “Member”), you consent to have these Terms and future communications provided to you in electronic form. You have the right to receive these Terms in non-electronic form at any time by contacting us online or calling the Customer Program Department at 877-514-2147.
2. Membership
2.1. Registration. You do not have to subscribe to the Programs to view benefits available through this Site, but only Members can access the Programs. By registering and becoming a Member, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Programs (or any portion thereof). Registration is currently available to residents of the United States (excluding Iowa) and its territories (including Puerto Rico and the U.S. Virgin Islands) and consumers with APO/FPO addresses. The Program is not available to Iowa residents. There is a limit of one membership and one introductory/premium offer per household.
2.2. Membership Charges; Recurring Billing. You will be charged for your membership using the billing information you provide or authorize at the time of enrollment (your “Billing Account”). By enrolling in the Program, you authorize your Billing Account to be charged the fees then in effect for the Program on a recurring basis without any further authorization from you. Your enrollment might include a trial or promotional period and your non-termination or continued use of the Program during and following such period constitutes your authorization for your Billing Account to be charged in accordance with and at the frequency (e.g., monthly) identified at the time of enrollment, and each billing period is a membership term. We may change the prices charged from time to time and if the amount to be charged to your Billing Account varies from the rate set forth in your initial offer, you will receive notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update your Billing Account information from available third-party sources.
2.3. Cancellation. To change or cancel your membership at any time, go to the “Help” tab, or send your request to us using the “Contact Us” link on any page of the Site or by calling the Customer Program Department toll-free at 1-877-514-2147. Unless cancelled, your membership will be automatically extended as described above. If you cancel a membership, you may use your membership until the end of your then-current paid-for membership term (e.g., month). Your membership will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the monthly membership fee paid for the then-current membership period. If your enrollment includes a trial period and you choose to cancel your membership within your trial period, your access to the site will be disabled, effective immediately, regardless of how many days are left in your trial.
2.4. Reactivating a Cancelled Account. If you cancel your membership but want to become a member again, please contact [email protected] for assistance.
2.5. Termination. We may suspend or terminate your Membership and your access to the Site or the Programs, in whole or in part, at any time, immediately and without notice if, at our sole discretion, you fail to comply with any of these Terms or engage in any conduct that we deem unacceptable in our sole discretion. Any order that is deemed a commercial (non-personal) use, use in connection with a business, or a high-volume/reseller order, at our sole discretion, will not be eligible for membership benefits, and your membership may be suspended or terminated. Upon termination, you must destroy all materials obtained from this Site and the Programs and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Programs, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Programs and the disclaimers and limitations of liabilities set forth in the Terms shall survive.
3. Use of the Site and Programs.
3.1. Access and Use. This Site and the Programs are for your personal, non-commercial use in accordance with these Terms. Your membership is non-transferable. You agree that only you and your Immediate Family may use the membership. "Immediate Family" means you, your spouse or partner and your children living in your home. Benefits are not for resale. You agree that you will not (i) copy, display, or distribute any part of the Site, in any medium, without our prior written consent, (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose, or (iii) use the Program for any commercial benefit. You further agree that you will not use any automated devices, such as spiders, robots, or data-mining techniques, to catalog, download, store, or otherwise reproduce, store, or distribute content available on the Site, manipulate the Site or the Programs, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. Your membership and claim payout is subject to verification of your billing information.
3.2. User Submissions. By submitting content to the Site, for instance, in the form of a testimonial (“User Content”), you grant to us and our partners, agents, licensees and successors in business an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from, market, and promote the User Content as-is or as-edited (with or without using your name) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, and any personal information you submit with the User Content without your prior approval or the payment of any compensation. In addition, we have no obligations to keep any User Content confidential. With respect to all User Content that you submit, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant the right set forth in the preceding paragraph; (ii) the User Content does not infringe any patent, trademark, trade secret, copyright or other proprietary right of any other party; (iii) the User Content does not violate the rights of any person or entity (including, without limitation, intellectual property rights and privacy rights); (iv) the User Content is not misleading or inaccurate; (v) the User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, profane, libelous, invasive of another’s privacy, aimed at gender, race, color, ethnicity, sexual orientation, national origin, religious views, or disability, hateful or bashing, otherwise objectionable, or in violation of local, state, national, or international law; (vi) the User Content is not an advertisement or solicitation of business; (vii) the User Content does not disrupt the normal flow of dialogue and is not unrelated to the topic being discussed (unless it is clear the discussion is free-form); (viii) you will not submit or post a chain letter or pyramid scheme; (ix) you will not impersonate another person; (x) you will not distribute viruses or other harmful computer code; (xi) you will not harvest or otherwise collect information about others, including email addresses, without their consent; (xii) you will not post the same User Content more than once or “spamming”; (xiii) you will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes us or our subsidiaries and affiliates to any liability or detriment of any type and (xiv) all User Content does and will comply with these Terms. The Children’s Place is not responsible for, and does not endorse, the User Content posted by any member. We cannot be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Content posted by another member. You are solely responsible for the User Content you submit or post, the consequences of providing User Content, and your reliance on any User Content. To the fullest extent permitted by applicable law, we reserve the right (but are not obligated) to: (i) remove or edit any User Content from the Site at any time, for any lawful reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content); (ii) record conversations, postings, and User Content on the Site; and (iii) monitor, edit, or disclose any User Content, regardless of whether such User Content violates these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE AND HOLD HARMLESS THE CHILDREN’S PLACE AND ITS AFFILIATES AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND PARTNERS FROM ANY NOTIFICATIONS, CLAIMS, LOSSES OR DAMAGES RESULTING FROM ANY ACTION TAKEN BY THE CHILDREN’S PLACE AND ITS AFFILIATES, SERVICE PROVIDERS AND VENDORS DURING OR AS A RESULT OF ITS INVESTIGATION OF NOTIFICATIONS OR CLAIMS BY THIRD PARTIES OR LAW ENFORCEMENT AUTHORITIES AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH NOTIFICATIONS OR CLAIMS.
3.3. Proprietary Rights. The Site and all material published on the Site, including but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, and the selection, coordination, arrangement, and enhancement of the Site content is owned by us or our service providers and licensors and is protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States copyright laws. All of our logos are trademarks of The Children’s Place and are protected by state and federal laws. All other trademarks appearing on this Site (“Third Party Marks”) are trademarks of their respective owners. Users are prohibited from using any Third-Party Marks without the written permission of such third party that may own the Marks. Except as otherwise provided on the Site or in these Terms, you agree not to download, upload, reproduce, duplicate, copy, print, display, perform, publish, modify, delete, add to, license, post, transmit, distribute, sell, resell, or exploit for any commercial purposes any aspect of the Site or Program. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
3.4. Limitation on License. Except for allowing you to use the Site and Programs for your personal use as set forth in the paragraph above, when you use the Site or Programs, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights. You understand that you have no rights to the Programs or any other of our property except as we indicate in these Terms.
3.5. Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join and to use the Programs. By enrolling in a Program, you are confirming that you are the age of majority in your jurisdiction of residence.
4. Links. You may be able to access other websites or resources through links on the Site. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. We make no representations, warranties, or conditions with regard to the accuracy, availability, suitability or safety of information provided on such sites. You further acknowledge and agree that we and our service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
5. Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold us and our affiliates, business partners, licensors, contractors, service providers, and any of their respective officers, directors, employees, representatives and agents (collectively, “Covered Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any Covered Party may incur arising out of or related to any products or services purchased by you in connection with the Site or the Programs and in connection with a third-party claim or otherwise, in relation to your use of the Programs or access to the Site, or your violation of either these Terms, applicable law, or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Programs. To the extent permitted under applicable laws, you hereby release the Covered Parties from any and all claims or liability related to any product or Program of a merchant, any action or inaction by a merchant, including any merchant’s failure to comply with applicable law and/or failure to abide by the Programs Terms and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
6. Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND PROGRAMS (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND PROGRAMS) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND PROGRAMS AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR PROGRAMS, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITE OR PROGRAMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR PROGRAMS WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR PROGRAMS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND PROGRAMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND PROGRAMS AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND PROGRAMS. WE RESERVE THE RIGHT TO ELIMINATE, ADD, CHANGE AND SUBSTITUTE BENEFITS AND PARTICIPATING VENDORS WITHOUT NOTICE TO YOU IN OUR SOLE DISCRETION. ALL CONTENT, PRODUCTS, AND THIRD-PARTY PROGRAMS ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT, SERVICE OR PROGRAM ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR ANY COVERED PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR PROGRAM OBTAINED FROM THE SITE OR A LINKED SITE.
7. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY COVERED PARTIES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PROGRAMS, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. COVERED PARTIES ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR (AND THE COVERED PARTIES’) AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
8. Privacy Policy. This Site is governed by the terms and conditions set out in our privacy policy. This policy can be found by clicking “Privacy Policy” in the footer of this site or at https://www.childrensplace.com/us/help-center/policies/privacypolicy, which is incorporated herein by reference.
9. Dispute Resolution.
9.1. Informal Dispute Resolution: We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at The Children’s Place, Inc., 500 Plaza Dr, Secaucus, NJ 07094, USA, Attention: Legal Department, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or video conference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to join the filing or prosecution of a demand for arbitration.
9.2. Arbitration Agreement and Waiver of Certain Rights: You and The Children’s Place agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and The Children’s Place or you and a third-party agent or service provider of The Children’s Place (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any Claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your Claim at The Children’s Place, Inc., 500 Plaza Dr, Secaucus, NJ 07094, USA, Attention: Legal Department. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.
Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Children’s Place will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or The Children’s Place from seeking action by federal, state, or local government agencies. You and The Children’s Place also have the right to bring qualifying Claims in small claims court or transfer qualifying Claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and The Children’s Place retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor The Children’s Place may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or The Children’s Place’s individual Claims.
If for any reason a Claim proceeds in court rather than in arbitration, you and The Children’s Place each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction,” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
This Arbitration Agreement Section of the Terms will survive the termination of your relationship with The Children’s Place.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE CHILDREN’S PLACE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against The Children’s Place at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Consumer Mass Arbitration and Mediation Costs of Arbitration and Mediation and the Mass Arbitration Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts they see fit to ensure a fair division among the parties. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by The Children’s Place. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which The Children’s Place will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by The Children’s Place. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which The Children’s Place will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against The Children’s Place. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
9.3. Enforcement of Arbitration Award: The arbitrator’s award will be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
9.4. Severability: If any portion of this Dispute Resolution section (with the exception of the Mass Arbitration Process Requirements subsection) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion will be severed and removed from the Terms, and the remaining portions will remain binding on you and us. However, if a Claim is part of a Mass Arbitration, and any part of the Mass Arbitration Process Requirements section is found to be invalid, void, or unenforceable, the Arbitration Agreement & Waiver of Certain Rights, including the Mass Arbitration Process Requirements section, shall be severed in its entirety.
10. Miscellaneous. These Terms and policies incorporated herein are the entire agreement between you and us and supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Site or the Programs. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Our failure to partially or fully exercise any rights, shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
