TERMS OF USE

Revision Date: July 7, 2016

Welcome to catofashions.com (“catofashions.com” or “Website”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use” or “Terms”) govern your access to and use of this Website, including any content, functionality and services offered on or through this Website, whether as a guest or a registered user. The Cato Corporation, which includes its subsidiaries and affiliates and its successors or assigns (collectively “The Cato Corporation” or “Cato”), requires that you read the Terms of Use and Privacy Policy before using this Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF CATOFASHIONS.COM CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF THE TERMS OF USE OR THE PRIVACY POLICY IS NOT ACCEPTABLE TO YOU FOR ANY REASON, YOU SHOULD EXIT CATOFASHIONS.COM AND NEITHER ACCESS IT AGAIN NOR MAKE PURCHASES THROUGH IT.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

The Cato Corporation reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after the effective date of any changes is deemed acceptance of the revised Terms. For this reason, we encourage you to review these Terms each time you visit catofashions.com.

1.  AGE OF USERS

By accepting these Terms through your use of the Website, you certify that you are 18 years of age or older.  If you are under the age of 18 but are at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Individuals under the age of 18 are not permitted to purchase products from the Website without the supervision of a parent or legal guardian.

 

2.  USE OF WEBSITE MATERIALS

The Cato Corporation grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, use, and print individual pages of catofashions.com for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on this Website, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property ("Content") are owned, controlled or licensed by The Cato Corporation or other providers of such material. catofashions.com is intended for personal and non-commercial use only. The Content provided on this Website is to be used for informational purposes only. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content. 

 

This Website sells products to retail consumers only. This license does not include and strictly prohibits: any resale or export of the Website or its Content, including any products; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; or any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms of Use or are reserved and retained by Cato or its licensors, suppliers, other Content providers. Cato reserves the right to terminate this license and your access to the Website in the event you fail to comply with any of these Terms of Use or our Privacy Policy. 

3.  COPYRIGHTS AND TRADEMARKS
The Cato Corporation, Cato Fashions, Cato Plus, Cato Woman, Cato Girls, Cato Now, A New Statement of Style, Look Smart Buy Smart and catofashions.com and other Content on this Website are subject to trademark, service mark, trade dress, copyright or other proprietary or intellectual property rights or licenses held by The Cato Corporation or its subsidiaries. You are advised that The Cato Corporation will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution. Other trademarks, product names and company names or logos used on this Website may be the property of their respective owners. The misuse of any Content, including any intellectual property displayed on the catofashions.com Website, or other Content from the Website is strictly prohibited. The Cato Corporation has a no-tolerance policy regarding third-party use of our trademarks or names in metatags, hidden text, ad keywords or otherwise without the prior written consent of Cato. More specifically, the unauthorized use of our trademarks or names in metatags, keywords, page test, hidden text, and/or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to any Cato web page is prohibited absent express written permission from Cato. Framing, online linking or other association of the Website or its materials and Content, including, but not limited to, with links, advertisements and/or other information not originating from the Website is expressly prohibited.

4.  LINKS TO THIRD-PARTY WEBSITES
catofashions.com may contain links to other websites that are not owned or controlled by The Cato Corporation. The Cato Corporation has no responsibility for the content of the linked websites nor does it necessarily endorse the linked sites or the products offered therein. The Cato Corporation provides the links solely for your convenience. You should carefully review the terms of use and privacy policies on any third party site. Access to any third party sites is at your own risk and Cato will have no liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on, any such content, goods or services available on or through any such third party sites. 

5.  USER-GENERATED CONTENT
You may submit or otherwise make available, comments, product reviews, suggestions, ideas and other content to The Cato Corporation though this Website or otherwise disclose, submit offer such information in connection with your use of this Website (collectively, the “Comments” or “User Contribution(s)”).  By doing so, you represent and warrant that you own or otherwise control all of the rights to the User Contribution and that it complies with the content standards set forth in Section 6 below. Any User Contribution you post to this Website will be considered non-confidential and non-proprietary, and with respect to any User Contributions submitted or made available for inclusion on this Website, you grant The Cato Corporation a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive right and license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content, all without any payment to you or further authorization from you. You grant The Cato Corporation the right to use the name, age range and state of residence that you submit in connection with such Comments, if The Cato Corporation chooses to do so. The Cato Corporation shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Cato Corporation is under no obligation to maintain any Comments in confidence, pay you any compensation for any Comments, or respond to any Comments.

The posting of any third-party, user-generated submissions or Comments does not constitute Cato’s endorsement of those submissions.  Cato cannot undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it is posted.  Accordingly, Cato assumes no responsibly or liability for any action or inaction regarding any content provided by any user or third-party and has no liability for any claim, including, without limitation, loss or injury to real, tangible or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury or wrongful death in connection with any such third-party, user-generated submissions or Comments.  The Cato Corporation reserves the right, but shall not be obligated, to monitor and edit or remove any visitor activities or Comments.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by U.S. Mail to The Cato Corporation, Legal Department, Attn: Copyright Agent, 8100 Denmark Road, Charlotte, NC 28273, or by email to Legal@catocorp.com. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:

• A detailed description of the copyrighted work you believe is being infringed;
• A description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears;
• Your contact information, including your name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
• An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with the Site. Contacts for other matters are provided elsewhere through this Site.

6.  PROHIBITED USES
You shall not knowingly post, transmit, redistribute, upload, or promote any Comments, communications, content or materials to or from the Website that (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party;  (c) are likely to upset, embarrass, alarm, inconvenience or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities; (f) impersonate any person, business or entity, including our company and our employees and agents or are likely to deceive any person; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales,  contests, sweepstakes and other sales promotions, barter or advertising; (i) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case; (j) give rise to civil liability; (k) otherwise violate any law; or (l) amount to any conduct that, in the judgment of Cato, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Website, or may harm Cato or users of the Website or expose them to liability. In addition to any remedies that Cato may have at law or in equity, if Cato determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. Cato will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

7.  RELIANCE ON INFORMATION POSTED
The information presented on or through this Website is made available solely for general information purposes and convenience.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  Cato disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents.  The Cato Corporation offers and displays the products on this Website as reasonable representations and availability of the color, configuration, design, texture, and/or look of their products. However, we cannot guarantee that your monitor's display of merchandise color or detail will be accurate. On occasion, the Website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, sizing, fabrication, color or availability. Additionally, note that certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S. Dollars and are valid only in the United States. We reserve the right to change pricing at any time.

8.  PRODUCT AVAILABILITY
The features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Unless indicated otherwise, most products featured on catofashion.com will be available in selected Cato stores while supplies last. All products offered for sale on catofashions.com are sold at the same prices charged in the Cato stores. However, not every item in a Cato store is offered for sale on catofashions.com. The merchandise displayed on catofashions.com may frequently change. Many of our featured items are available in limited quantities. The Cato Corporation cannot guarantee that an item previously displayed on our Website will still be available the next time you visit our Website. When an item displayed on our Website is no longer available, we will take reasonable steps to remove that item from our Website or indicate that it is no longer available.

9.  WEBSITE TRANSACTIONS
When ordering from this Website, please follow the instructions carefully. If you ever have a question about any order you have made from catofashions.com, please contact The Cato Corporation by email at orders@catocorp.com or by phone at 1-800-758-CATO (2286).

In its sole judgment, Cato reserves the right, but is not obligated, to limit the sales of its products or services to any person, entity, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.

If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.

10.  ONLINE PURCHASES
All purchases through our Website are governed by our terms of sale which are hereby incorporated into these Terms.  Additional terms and conditions may also apply to specific portions, services or feature of the Website and all such additional terms and conditions are hereby incorporated by reference into these Terms.

All billing and registration information provided by you on this Website must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of these Terms.  By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested.

11.  ORDER CANCELLATIONS
When placing an order on catofashions.com, once you click “submit” we are unable to cancel or change your order at that time. However, once you have received your order, if you are in any way dissatisfied, you can choose one of our two easy and convenient ways to make a return. Please see our Return Policy to find out which way is best for you.

12.  SHIPPING RESTRICTIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is in compliance with the shipping restrictions contained on the Website.  All purchases from the Website are made pursuant to shipment conditions by accepting these Terms.  As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damages and/or lost shipment.

13.  DISCLAIMER OF WARRANTY
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CATO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND CATO MAKES NO COMMITMENT OR ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CATO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.  

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.

14.  LIMITATION OF LIABILITY
 IN NO EVENT WILL CATO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITES, AND ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF CATO IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.

CATO CANNOT AND DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES OR THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR WEBSITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE CODE.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATE INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. CATO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING COSTS, CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.

SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.

15.  INDEMNIFICATION
By using catofashions.com, you agree to defend, indemnify and hold The Cato Corporation, its subsidiaries, affiliates, successors and assigns, its licensors and service providers, and its/their respective officers, directors, employees, contractors, agents, licensors, and suppliers harmless, to the maximum extent permitted by applicable law, from and against any and all claims, liabilities, judgments, awards, losses, damages and costs and expenses, including reasonable attorneys' fees, related to or arising from your use of the Website or the material provided therein or any breach by you of these Terms of Use.

SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.

16.  WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website by, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or (g) otherwise attempting to interfere with the proper working of the Website or engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Cato, may harm Cato or users of the Website or expose them to liability. Violations of Cato’s system or network security using means may result in civil and/or criminal liability. Cato will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.

17.  REGISTRATION ACCOUNTS AND PASSWORDS
You are responsible for the personal protection and security of any password or username that you may use to access this Website. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You must promptly notify us via e-mail at orders@catocorp.com if your password is lost, stolen or used without permission.

18.  SECURE SHOPPING GUARANTEES
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.

19.  NOTICE AND ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, and/or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20.  PRIVACY STATEMENT
Cato is committed to protecting the privacy of the visitors to this Website.  For information on how information is collected, used or disclosed by Cato in connection with your use of this Website, please consult our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.    

21.  REVISIONS TO WEBSITE AND TERMS
Cato may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. Cato also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. Cato may terminate any authorization and rights given above at any time and without notice. Your continued use of this Website after any changes to these Terms are posted will be considered acceptance of those changes.  In the event that you do not agree to any changes or modifications of these Terms, you should not continue to use the Website.

22.  JURISDICTION & GOVERNING LAW
catofashions.com is controlled and operated by The Cato Corporation from its offices in Charlotte, North Carolina. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with applicable federal law and the laws of the state of North Carolina without regard to any choice or conflict of law provisions or rules. By accessing or using this Website, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in in the State of North Carolina and County of Mecklenburg, USA, for all disputes arising out of or relating to the Website, these Terms, and any dispute of any sort that might arise between you and Cato that are heard in court (excluding arbitration and small claims court). You waive any and all objections to the exercise of jurisdiction over you by such court and to venue of such court.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 26. 

23.  INTERNATIONAL LAW

This Website, its content, product information, and any products sold through the Website are intended to comply with U.S. laws and regulations.  If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.  Cato makes no representation that materials on this Website are appropriate or available for use outside of the United States.

It is your responsibility to ascertain and obey all applicable local, state and federal and international laws in regard to the purchase, possession, use and sale of any item purchased from this Website.

24.  GENERAL
The Terms, Privacy Policy and any other relevant documents or policies incorporated therein or set forth on the Website constitute the sole and entire agreement between you and Cato with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.  In the event of a violation of these Terms, The Cato Corporation reserves the right to seek all remedies available by law and in equity.  No waiver by Cato of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cato to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, dispute resolution, and confidentiality, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms, shall survive the expiration or termination of these Terms.

 

SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 24.

25.  Disputes

Except as otherwise expressly set forth in these Terms of Use, any dispute, claim or controversy at law or equity relating in any way to these Terms of Use, our Privacy Policy, any products or services sold or distributed by Cato or through the Website, your use of the Website, or to and any dispute of any sort that might arise between you and Cato (each a “Claim”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  In order to expedite and control the cost of disputes, you and Cato agree that any Claim will be resolved as follows:

 

A. Informal Resolution:


Most disputes can be resolved without resort to litigation. You can reach Cato’s customer service department at orders@catocorp.com or 1-800-758-CATO (2286). The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Cato’s customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. A Notice to Cato should be sent to: The Cato Corporation Legal Department at 8100 Denmark Road, Charlotte, NC 28273. After the Notice is received, you and Cato may attempt in good faith to resolve the Claim informally. If the Claim has not been resolved in the ordinary course of business within 45 days of the date of the receipt of the Notice, the parties agree that prior to attempting to resolve the Claim by arbitration, as set forth below, they will attempt to settle the dispute in good faith by mediation.  The parties will use the then-current American Arbitration Association’s Commercial Mediation Procedures, or any other mediation procedure to which the parties agree, which procedure will be non-binding and confidential unless otherwise agreed upon by the parties. 

 

SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 25(A).

 

B. Formal Resolution by Binding Arbitration:

 

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Website, or purchase of any Cato or other products on this Website, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed by the Federal Arbitration Act.

 

If the parties do not reach an agreed-upon solution within a period of 60 days from the time mediation is initiated under the Informal Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve Claims, subject to the terms set forth below. By agreeing to arbitration, both you and Cato understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Cato each agree to settle disputes (except certain small claims or as otherwise set forth in these Terms) only by arbitration. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.

 

(1) Binding Arbitration:  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider, the Federal Arbitration Act, and federal arbitration law shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. If the arbitration is administered by the AAA, it shall be administered under the AAA’s Consumer Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable). To start an arbitration, submit a Demand for Arbitration that complies with the requirements of the AAA Consumer Arbitration Rules to the AAA and mail a copy to us. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any Claims where the total amount of the award sought is $25,000 or less, the Claims will be resolved through binding non-appearance-based arbitration unless the arbitrator finds good cause to hold an in-person hearing instead. For Claims where the total amount of the award sought is more than $25,000, the right to a hearing will be determined by the ADR Provider’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider, except as otherwise required or allowed by the ADR Provider’s rules.  You acknowledge and agree that we may be entitled to reimbursement of our AAA, arbitrator’s, and/or attorney’s fees and expenses from you in the event the arbitrator finds the arbitration frivolous, brought for an improper purpose, or otherwise determines that we are entitled to such reimbursement.

 

(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

 

(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

 

(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court's jurisdiction.

 

(5) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Claims (except as expressly excluded in this Formal Resolution by Binding Arbitration section) shall be resolved by binding arbitration. In the event any litigation should arise between you and Cato in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CATO WAIVE ALL RIGHTS TO A JURY TRIAL (including, but not limited to, any Claims, counterclaims, cross-claims, or third party claims), instead electing that the dispute be resolved by a judge.  Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

 

(6) Waiver of Class or Consolidated Actions: ALL CLAIMS MUST BE ARBITRATED OR LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY CLAIM OF ANY OTHER CUSTOMER, USER OR PARTY, WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, REPRESENTATIVE ACTION, OR OTHERWISE.  THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

 

These Terms govern to the extent they conflict with the ADR Provider’s rules, including, but not limited to, the AAA’s Consumer Arbitration Rules.

 

C. Time to Bring Your Claim:

 
ANY CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE (INCLUDING THE PURCHASE OF ANY PRODUCT VIA THE WEBSITE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OF CLAIM IS PERMANENTLY BARRED.

 

SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 25(C).

26.  Exclusions and Limitation; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 13, 14, 15, 22, 24, 25(A), and 25(C) do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Cato reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 25(B) (Formal Resolution by Arbitration).

27.  ADDITIONAL ASSISTANCE
If you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at orders@catocorp.com or by phone at 1-800-758-CATO (2286). See Section 5 above regarding the procedure for notices of alleged copyright infringement.

© 2016 The Cato Corporation, Inc. All Rights Reserved.