IMPORTANT – PLEASE READ CAREFULLY
Effective Date: November 3, 2022
Terms & Conditions
The Talbots, Inc. and all affiliated companies and brands (“Talbots,” “we,” or “us”) provides this website, its constituent webpages, and related websites (together, the “Sites”), and sells products to customers, all subject to your agreement to these Terms & Conditions, which are final. By using the Sites, signing up for promotional mailings and emails, purchasing products from us, and/or registering with us, you agree to be bound fully by the provisions below, without change, as are published at such time. You should periodically visit this webpage to review the most current terms. Using our website after any of these changes means you accept any such changes. If you do not agree to these Terms & Conditions, please do not use this website.
THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVER IN SECTION 2, WHICH IS SET FORTH BELOW.
We recommend you print out a copy of these Terms & Conditions for your records and can download them here. Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms & Conditions.
1. PRIVACY & SECURITY
Please read our Privacy Policy which is incorporated into these Terms & Conditions and governs your use of our Sites. By visiting our Sites or purchasing products from us, you agree with and consent to our Privacy Policy, including the information collection, analysis and usage practices it describes. To the extent that there is a conflict between the Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.
2. LEGAL DISPUTES – THE REQUIREMENT TO ARBITRATE
We hold our relationships with our customers in the highest regard. We work hard to make things right with every customer. On occasion, a third party may be necessary to help us resolve our disputes, and this Section of the Terms & Conditions (the "arbitration agreement") limits us to arbitration (or small claims court, if a claim qualifies) in all such instances.
YOU AND TALBOTS AGREE THAT ALL DISPUTES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS IN EITHER ARBITRATION OR SMALL CLAIMS COURT ONLY. YOU AND TALBOTS AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO PARTICIPATE IN ANY WAY IN A CLASS ACTION OR CLASS ARBITRATION, AND TO RESOLVE THEIR DISPUTES IN COURTS OTHER THAN SMALL CLAIMS COURT.
This arbitration agreement covers all complaints, demands, and claims of any kind, including, but not limited to, those arising out of or related to these Terms & Conditions, the use and operation of the Website, communications from and promotions by or behalf of Talbots, and the purchase and use of all products and services offered by Talbots (each a “Dispute,” and, collectively, the "Disputes"). Disputes include, but are not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims, including claims alleging of negligence, fraud, and misrepresentation.
This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of Talbots, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and Talbots, as well as our respective heirs, successors, and assigns.
This arbitration agreement is governed exclusively by the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability and scope of arbitration or which include requirements beyond or different from those imposed by the FAA. If any provision of this arbitration agreement is held to be unenforceable for any reason, the remaining parts of this arbitration agreement shall remain in effect to the fullest extent permitted by law and in a manner that facilitates resolution of Disputes in arbitration in a way that is cost-effective to all parties. If any other provision of the Terms & Conditions renders unenforceable any aspect of this arbitration agreement, such provision shall be treated as null, void, and of no effect.
You have the right to opt out of this arbitration agreement by sending written notice stating your intention to opt out to: legal@talbots.com, within thirty (30) days after your first becoming subject to it. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Talbots nor does it eliminate or change any other rights or requirements of the Terms & Conditions.
MANDATORY SETTLEMENT PROCESS
Before You and Talbots can seek to resolve a Dispute in arbitration or small claims court, this mandatory sixty (60) day settlement process must be completed. To initiate this process, the claiming party must send to the other a short, written statement (a “Dispute Statement”) explaining their Dispute in sufficient detail for the other party to understand and investigate it, along with a proposal for resolving it, including any money being claimed and how that dollar amount was calculated. You agree to send Dispute Statements by email to legal@talbots.com or by certified mail, return receipt requested, to The Talbots, Inc. One Talbots Drive, Hingham, MA 02043 (Attention: Legal Dept.).
Once a Dispute Statement is received, You and Talbots shall work in good faith to resolve the Dispute for a period of sixty (60) days. At the conclusion of the sixty (60) day period, if the Dispute has not been resolved, You and Talbots thereafter each have the right to resolve the Dispute in small claims court or through arbitration in compliance with the requirements of this arbitration agreement. All applicable statutes of limitation shall be suspended during the sixty (60) day informal settlement process.
ARBITRATION RULES AND REQUIREMENTS
While there is no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must construe and apply the Terms & Conditions in the same way as a court would. If any cause of action or claim for relief cannot for any reason be addressed in arbitration, you and Talbots agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. The results of such an arbitration shall be binding in all court proceedings. The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
Any court of competent jurisdiction will have the authority to enforce all aspects of the arbitration agreement (including the requirement to complete the informal settlement process described above before filing a claim in arbitration) and, if necessary, to enjoin the filing or prosecution of arbitrations and/or the assessment of fees or costs by the American Arbitration Association (“AAA”) or any other arbitral organization or arbitrator.
If the AAA is for any reason unavailable, unable, or unwilling to handle an arbitration assigned to it under this arbitration agreement (including under the Mass Arbitration Rules, below), and You and Talbots cannot agree on an alternative organization or arbitrator, You or Talbots may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration consistent with the requirements of this arbitration agreement.
General Arbitration Rules. The arbitration process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (as defined below). In the case of a Mass Arbitration, if there is a conflict between these General Arbitration Rules and the Mass Arbitration Rules (set forth below), the Mass Arbitration Rules will control. In the absence of such a conflict and in situations not involving a Mass Arbitration, these General Arbitration Rules will control.
Arbitrations shall be before a single neutral arbitrator. Arbitrations brought by consumers shall be governed by this arbitration agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All other arbitrations shall be governed by this arbitration agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: https://www.adr.org/commercial. To the extent there is a conflict between this arbitration agreement and any applicable AAA rules and protocols, the provisions of this arbitration agreement shall control.
Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including sworn statements. All other arbitrations will be conducted by telephone, online, or based solely on written submissions, including sworn statements, and will not involve any personal appearances by parties or witnesses. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to: The Talbots, Inc. One Talbots Drive, Hingham, MA 02043 (Attn: Legal Department). The AAA’s address is American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org.
Mass Arbitration Rules. If twenty-five (25) or more claimants file, or indicate an intention to file, demands for arbitration against Talbots raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules apply.
Claimants that are part of a Mass Arbitration (each a “Mass Arbitration claimant”) must complete the sixty (60) day informal settlement process (described above) before proceeding to arbitration. Counsel for claimants and Talbots shall agree to the submission of a single Dispute Statement for all Mass Arbitration claimants, but only if that statement identifies each Mass Arbitration claimant by name and mailing address.
If the settlement process is unsuccessful, counsel for Mass Arbitration claimants and Talbots shall each select three (3) Mass Arbitration claimants proceed to arbitration (each a “bellwether arbitration”), each with a different arbitrator, followed by a mandatory mediation involving all Mass Arbitration claimants. All statutes of limitation shall be suspended for the duration of the informal settlement process, the bellwether arbitrations, and mediation.
If any demands for arbitration have been filed by Mass Arbitration claimants other than those selected for the six (6) bellwether arbitrations (the “non-bellwether claimants”), they shall promptly be dismissed without prejudice upon selection of the bellwether arbitration claimants. For such dismissed arbitrations, no arbitration fees or costs shall be owed or imposed by the arbitral organization beyond any initial filing fees. The bellwether arbitrations shall commence immediately upon the filing of all requests for dismissal by the non-bellwether claimants. All bellwether arbitrations shall require a reasoned decision from the arbitrator and be completed within one hundred twenty (120) days after commencement unless otherwise ordered by the arbitrator or agreed to by the parties.
Upon the resolution of all of the bellwether arbitrations, counsel for Talbots and counsel for claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of not less than sixty (60) days in a good faith effort to resolve all Disputes of the Mass Arbitration claimants under the Mediation Procedures of the AAA. https://www.adr.org/sites/default/files/Mediation%20Procedures%20of%20the%20American%20Arbitration%20Association%20Oct%2001%2C%202009.pdf
If the bellwether arbitrations and the mandatory mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, those Mass Arbitration claimants whose claims have not been resolved shall then have the right to pursue their claims on an individual basis, but only with FairClaims, Inc. (“FairClaims”), to be arbitrated under FairClaims’ Small Claims Rules & Procedures, which are available at https://s3.amazonaws.com/arbi-website/fairclaims-rules/FairClaims-Small-Claims-Rules.pdf. If any cause of action or claim for relief cannot for any reason be addressed by FairClaims, you and Talbots agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. The results of such FairClaims arbitrations shall be binding in those court proceedings. Decisions from the bellwether arbitrations shall be admissible in arbitrations filed with FairClaims. If for any reason FairClaims cannot handle a claim filed under this paragraph, You and Talbots shall negotiate in good faith for the substitution of an alternative arbitration organization for that claim whose fees and rules are comparable to those of FairClaims.
3. SITE CONTENT OWNERSHIP
This website is owned and operated by The Talbots, Inc. Unless otherwise noted, the trademarks, copy, design and content featured on this website, including illustrations, clothing and other product designs, icons, navigational buttons, images, artwork, graphics, so called "look and feel", photography, text, audio and video clips or content, software and the like, (collectively, the "Content") is owned by Talbots or one or more of our affiliates or is licensed to Talbots, an may not be used by you without our prior written authorization in connection with the sale of products and services, or used in any manner that is likely to cause confusion among our customers or wrongfully disparages or discredits us. This website, as a whole, is protected by copyright, trademark, trade dress, and other applicable intellectual property and other laws. All worldwide rights are reserved. This website and its Content are intended solely for your personal, noncommercial use. You may display, download or electronically copy and print any of the Content displayed on our site solely for your personal, noncommercial use. If you download, copy or forward via email any part of the Content, no right, title or interest in those materials is transferred to you. You further agree not to change or delete any proprietary notices from materials downloaded from the website. Any use of our website or its Content other than for personal, noncommercial purposes is prohibited. You may not: (a) reproduce, publish, transmit, distribute, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or the website as a whole, or any related software; (b) use any data mining, scraping, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display this website or the Content by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any website product or service if you are not expressly authorized by such party to do so; and (e) use this website or the Content, including any of the features, tools and services on this website, for any reason other than for its intended purpose, such as to upload onto this website or otherwise transmit to this website any materials, content or images that either cause any harm to any person or that are illegal or otherwise unlawful, including without limitation any harassing, morally offensive, criminal, obscene, profane, defamatory, libelous or threatening content. Talbots reserves all rights to modify this website, in whole or in part, without any prior notice.
4. PRODUCT DISPLAY
Talbots makes reasonable efforts to display accurately the products featured on this website. However, the screen on which you view the website and other factors will affect the colors you see on your screen so that they may appear differently than their actual color. Talbots cannot guarantee that your screen’s display of any color, texture or merchandise details will be accurate. Please remember, however, that if for any reason you are not satisfied with your purchase, please return the item for an exchange or refund. To view Talbots Return Policy, please visit: here. Our Return Policy is incorporated by reference into these Terms & Conditions.
5. PRODUCT AVAILABILITY
We frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to this website or another website linking to this website will still be available when you look for it again. Please understand that some of our featured items are available only in limited quantities. When an item is no longer in stock, we will take reasonable steps to remove that item from this website or otherwise to indicate that the item is no longer available. If you cannot find an item you previously saw on this website or for any other help with our merchandise, please call us at 1-800-TALBOTS (1-800-825-2687) or receive assistance from an online Customer Service Specialist by clicking here.
6. PRODUCT PRICING
The prices displayed on this website are quoted in U.S. currency. Prices are subject to change at any time.
7. PRODUCT ORDERS
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. Talbots will undertake to ship products according to the shipping and handling option selected by you at checkout, but Talbots reserves the right to change the shipping options as needed.
8. INFORMATION ACCURACY
Talbots makes reasonable attempts to provide accurate and reliable information on our website. However, there may be occasions when information featured on this website may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise size, price, color, availability, or other matters. Talbots does not warrant or accept any responsibility or liability for the accuracy, completeness or currency of the information accessible via this website. Talbots reserves the right to correct any and all errors and to update information on our website at any time. In the event that a product is mistakenly listed at an incorrect price, Talbots reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, Talbots shall issue a credit to your credit card account in the amount of the incorrect price.
9. COMPLIANCE WITH LAWS
You represent, warrant and covenant that in accessing and using this website you shall comply with all applicable laws, rules, and regulations of the United States and any other country from which you access the website, including, without limitation, those relating to the Internet, data, e-mail, privacy and the transmission or exporting of data from the United States or the country in which you are located. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Talbots is prohibited from communicating with or exporting to and you agree that you shall not access this website from such country or jurisdiction.
10. COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
Talbots enjoys hearing from our customers and appreciates your interest in our products and services. By submitting, disclosing, sharing, offering or providing comments, feedback, suggestions, ideas, photos, videos, images or any other materials or content to Talbots in any manner, including but not limited to via this website, by email, by postal mail, by phone, online or otherwise (collectively, the "Comments") you grant Talbots a worldwide, royalty free, irrevocable, perpetual and fully sublicensable right and license to use, reproduce, distribute, publish, modify, adapt, copy, translate, creative derivative works from, post, critique, quote from, characterize, refer to or otherwise use in whole or in part your Comments for any purpose in any medium, (whether now or hereafter known) throughout the world in perpetuity without further notice, additional permission, or compensation to you. You grant Talbots the right to use your name and likeness in connection with any such use of Comments made by you, provided that you also agree that Talbots will not be obligated to identify you in connection with any such use. You also agree that Talbots will be free to use any ideas, concepts, know-how or techniques contained in any Comments for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any compensation to you. We are not in any way obligated to use, post or respond to any Comments submitted by you. We may remove, reject or block Comments in whole or in part at our option and in our sole discretion at any time and without notice. Talbots is and shall be under no obligation to maintain any Comments in confidence, to pay any submitter of Comments any compensation for any Comments or to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you offer or submit.
You agree that no Comments submitted by you to Talbots will violate any right of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to Talbots will contain material that Talbots determines is: (a) false, misleading, indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, (b) which may constitute or encourage a criminal offense, violate the rights of any party or (c) which may otherwise give rise to liability or violate any law. Harassment in any manner or form on this website, including via e-mail, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Talbots or other licensed employee, host or representative, as well as other members or visitors on the website is prohibited. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. Use of the website for any illegal or unauthorized purpose is strictly prohibited. Talbots does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. Talbots may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who violate these Terms & Conditions. You understand and agree that Talbots cannot be responsible for the content posted on the website and that your use of the website is at your own risk.
11. ACCOUNT SECURITY
This website allows you to register or obtain a password so that you may use certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Talbots does not warrant that this website will operate uninterrupted or error-free, that defects will be corrected or that this site or its server will be free of viruses or other harmful elements. As a user of this website, your access is undertaken at your own risk. Talbots and its suppliers shall not be liable for damages of any kind related to your use of or inability to use this website, even if Talbots and its suppliers knew or should have known of the potential for such damages. If your use of this website or the site's material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, Talbots shall not be responsible for those costs or expenses. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. TALBOTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH TALBOTS REASONABLY STRIVES TO PROVIDE ACCURATE CONTENT ON THIS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS. TALBOTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. INDEMNIFICATION
You agree to defend, indemnify and hold Talbots, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of the site, your breach or alleged breach of these Terms & Conditions, your unauthorized use of the Content or your violation of any rights of any other person.
14. LINKS
This website may contain links to websites owned by third parties. These links, if any, are provided solely as a convenience to you and are not an endorsement by Talbots of the contents on those other sites. Talbots is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. Talbots has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Talbots. If you decide to visit any third-party sites using links from this website, you do so at your own risk.
15. ELECTRONIC COMMUNICATIONS
The communications between you and us use electronic means, whether through this website or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication would satisfy if it were in a writing.
16. MOBILE SERVICES
If you access this website using a mobile device, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.
17. TEXT MESSAGES
Texts from Talbots stores
While shopping with us, a Talbots sales associate may give you the option to opt-in to receive text messages from your local Talbots store about new product information, style appointments, promotional events and transactional information on the mobile phone number(s) you have shared with us. We will not contact you via text messages for marketing purposes without your prior affirmative consent. You do not have to opt-in to text messages to make purchases from Talbots. If you opt-in, we may send you text messages and alerts using an autodialer, automated SMS or autodialed technologies and standard messaging and data rates may apply. Message frequency may vary. You can always opt-out of text messages from your local Talbots store by replying STOP. You will then receive a confirmation text that you have been opted out. For more information regarding our text messaging, please contact us using the methods provided on our Contact Us page.
Marketing and Promotional Texts
You may also sign up to receive marketing or promotional text messages from Talbots, including special online or catalog offers. These promotional text messages are separate from text messages you may have opted in to receive from your local Talbots store. You do not have to opt-in to text messages to make purchases from Talbots. If you opt-in, we may send you text messages and alerts using an autodialer, automated SMS or autodialed technologies and standard messaging and data rates may apply. Message frequency may vary. You can always opt-out of text messages by replying STOP. You will then receive a confirmation text that you have been opted out. For more information regarding our text messaging, please contact us using the methods provided on our Contact Us page. Marketing and promotional texts are subject to the Talbots Messaging Terms & Conditions, in addition to these Terms & Conditions.
Order Tracking Update Texts
You may also sign up to receive order updates via text messages, and you will receive text messages when each of your package(s) is shipped, out for delivery, delivered, or encounters an exception or delay. If you sign up, we will send you text messages and alerts using an autodialer, automated SMS or autodialed technologies and message and data rates may apply. Text Message frequency will be based on the number of account orders you place. You can always opt-out of these tracking order update text messages by replying NO to (866) 291-8566, or switch off the SMS alert option on the Order Status Tracking page. For more information regarding our text messaging, please contact us using the methods provided on our Contact Us page.
18. TERMINATION
Talbots may terminate these Terms & Conditions or your access to your Talbots account on this site at any time and may do so immediately and without notice if in Talbots sole and absolute discretion you fail to comply with any term or provision of these Terms & Conditions. The following sections of these Terms & Conditions: Site Contents Ownership, Comments, Feedback, Postcards and Other Submissions, Disclaimer of Warranties and Limitation of Liability, Indemnification, Termination and Applicable Law shall in all events survive any termination of these terms and conditions.
19. APPLICABLE LAW
Your access to this website, as well as these Terms & Conditions and the agreement they create, and the legal relations between you and Talbots will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in Massachusetts for any litigation or dispute arising out of or relating to your access to this website and the agreement created thereby. Any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Talbots’ failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. These Terms & Conditions constitute the entire agreement between you and Talbots with regard to your use of this website and the other matters addressed in these Terms & Conditions. Neither the course of conduct between you and Talbots nor trade practice shall act to modify any portion of these Terms & Conditions. Talbots may assign its rights and duties under the Terms & Conditions, in whole or in part, to any party at any time without notice to you.
20. NOTICE TO CALIFORNIA RESIDENTS – PROPOSITION 65
California Proposition 65 requires that special warnings be provided to California consumers when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. We provide California residents with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
21. AGE RESTRICTIONS
This website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of majority in their state or territory of residence (if higher than 18). This website is not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal information from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal information to or on this website, we will remove that information as soon as possible.
22. RIGHT TO CONSULT AN ATTORNEY
You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms & Conditions and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms & Conditions as provide for by the Sites, you represent that you understand their requirements and agree to be bound by them.
23. CONTACT INFORMATION
It’s really all about you. Let us know how we can help. Contact Us.
24. SUPPLEMENTAL TERMS
This agreement applies to all uses, purchases, or registrations occurring after the effective date. Updates to these Terms & Conditions shall not apply retroactively. If any provision of these Terms & Conditions is found to be unenforceable for any reason, it shall be removed, and the remaining Terms & Conditions shall be fully enforceable.