Privacy and Security

Revision Date: September 5, 2017

Thank you for shopping at francesca's® online boutique. francesca's® is committed to respecting the privacy rights and protecting the personal information of online visitors to our website, www.francescas.com, including all of its subdomains and subparts. This policy was developed to inform visitors to the Site about how we handle and use personal information. BY USING THE SITE YOU AGREE TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

If you have questions about this Privacy Policy, please contact our Guest Services department.

Collection Of Your Information

When you visit the Site you may provide us with two types of information: (1) personally identifiable information that you voluntarily disclose so that we may provide products or services to you, such as when you register for an account; and (2) website use information collected automatically as you browse the Site. By using the Site, or allowing someone to do so on your behalf, you are consenting to our collection, use, disclosure, transfer, storage, retention, and eventual destruction in accordance with this Privacy Policy of any personally identifiable information or other information received by us as a result of such use.

Personally Identifiable Information

We may collect personally identifiable information about you, including, without limitation, your name, address, telephone number, e-mail address, and order details. If you choose to correspond with us through email or social media, we may retain the content of your messages, together with your email address and our responses.

Website Use Information

Like many site operators, we also collect certain data that your browser sends to us from the computer, mobile device, and/or browser through which you access the Site ("Log Data"). This Log Data includes, without limitation, your device’s Internet Protocol ("IP") address, browser type, browser version, statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site), information about how you came to the Site, and data collected through Cookies or other similar technologies discussed in more detail below in our Cookie Policy. In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze Log Data. Much of this Log Data is not personally identifiable information. However, when you participate in the Database or otherwise submit personally identifiable information to us, we may associate this Log Data with your personally identifiable information. At such time, we will treat any such combined data as personally identifiable information until such time as it can no longer be associated with you or used to identify you.

Use Of Your Information

Generally speaking, we use personally identifiable information for the purpose for which you provided it. If you order a product, we will use your name and contact information to fulfill your needs, including billing, and delivery. If you send us an email, we may use your email address and other information you submit to provide customer service to you. We may also use your personally identifiable information or Log Data to administer our internal business activities, such as to design and arrange the Site in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers, to better understand visitors to the Site, to manage your account, and/or to provide customer service.

Disclosure Of Your Information

No Sale of Your Information

We will not sell your personally identifiable information to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your personally identifiable information with certain third parties without further notice to you, as set forth below.

Sharing Information With Successors

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, personally identifiable information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of francesca's® (or its assets) will continue to have the right to use your personally identifiable information and other information in accordance with the terms of this Privacy Policy.

Sharing Information With Agents, Consultants, and Related Third Parties

We, like many businesses, sometimes engage other companies to perform certain business-related functions. These companies may include marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, payment processors, and others. When we engage another company to perform such functions, we may provide it with personally identifiable information, Log Data, or aggregate information about our customers, sales, website traffic patterns, and related website information, in connection with its performance of such functions. However, we do not collect or store credit card information or internet protocol addresses directly; rather, we employ a third party payment processor and web platform provider who may collect, store, and use such information. We take measures to select service providers that are responsible and afford privacy protections to their customers, such as those that comply with the Payment Card Industry Data Security Standards. However, we cannot make any representations about the practices and policies of these third party companies.

Sharing Information Through Social Media

We work with third parties, including social media sites like Facebook and Instagram, and with application developers who specialize in social commerce so you can connect to francesca's® through your social networks. All of these companies operate Third Party Sites, as defined below. We provide access to our Site by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share your interests with friends in your network. If you use features made available on our Site by a third party social media site, your personally identifiable information may be collected or shared by us or by the third party. We consider information collected or shared through any such social media features as public information because the third party social media sites made it publicly available. If you do not want us to be able to access information about you from Third Party Sites, you must instruct the Third Party Sites not to share the information with us. We do not control how these third parties use information collected from or about you, so be sure to review the privacy policies and privacy settings on your social media sites to make sure you understand the information they are sharing. If you do not want a Third Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information.

We use features on third party social media sites that allow you to express opinions about products, surveys, or your interests. Those Third Party Sites may collect or register your views (including whether you liked or purchased a product) and make those views available to us and on public portions of the Third Party Sites. You can avoid such collection and use of your personally identifiable information by declining to buy products through Third Party Sites or to express your views on Third Party Sites. Third Party Sites may also give you the option to limit such data collection and disclosure in the privacy settings on their sites. We reserve the right not to display your personally identifiable information or content on our social media accounts or Site even if you express an opinion about our or services products or consent to our use of such information or content. We reserve the right to remove personally identifiable or other information of any person for any reason. We may also remove from our social media accounts or Site, in our sole discretion, any product offering or any photo or product description.

Legally Compelled Disclosure of Information

We may disclose your personally identifiable information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, a court, or a government agency) or in the good faith belief that such action is necessary (a) to comply with a legal obligation; (b) to protect or defend our rights, interests, or property, or that of third parties; (c) to prevent or investigate possible wrongdoing in connection with the Site or Database; (d) to act in urgent circumstances to protect the personal safety of users of the Site or the public; or (e) to protect against legal liability.

Your Choices About Use and Disclosure Of Your Information

You may choose to limit the personally identifiable information you submit by merely browsing the Site without providing your name or other information. If you do so, you may not be able to use certain functionality of the Site.

Information Security

We are committed to the protection of your information. When you place an order through the Site, we encode your information using Secure Socket Layer (SSL) encryption technology. While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure.

Storage of Your Information

We may store personally identifiable information itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable steps to protect the personally identifiably information collected via the Site from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any personally identifiable information.

Accessing and Correcting Your Information

If you have registered for an account on the Site, you may request access to or correction of all of your personally identifiable information that we collect online and maintain by contacting Guest Services. We will take reasonable steps to respond to requests relating to personally identifiable information within thirty (30) days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical, or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information).

Information Retention

We may retain your personally identifiable information as long as you continue to use the Site. You may close your account by contacting Guest Services. However, we may retain personally identifiable information for an additional period as is permitted or required under applicable laws. Even if we delete your personally identifiable information, it may persist on backup or archival media for an additional period of time.

Evaluation of Information Protection Practices

We periodically review this Privacy Policy for compliance with legal requirements, and corporate policies and procedures governing the security, confidentiality, and quality of our information. The effective date of this version of the Privacy Policy can be seen on top of this page (under the main headline).

Cookies Web Logs, And Similar Technologies

Please refer to our Cookie Policy below, which is hereby incorporated by reference into this Privacy Policy, for more information about our use of these technologies.

Exclusions

Third Party Links

Our emails and/or the Site may contain links to other websites not operated or controlled by us (the "Third Party Sites"). This Privacy Policy applies only to the Site. The policies and procedures we describe here do not apply to the Third Party Sites. The links from our emails and/or the Site do not imply that we endorse or have reviewed the Third Party Sites. We are not responsible for the practices employed by the Third Party Sites linked to or from our emails or the Site nor the information or content contained therein. We suggest contacting those sites directly for information on their privacy policies.

Non-Personally Identifiable Data

When you interact with the Site, we may also collect non-personally identifiable data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer, and storage/retention of personally identifiable information do not apply to non-personally identifiable data. The non-personally identifiable data we collect include, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage and aggregated personally identifiable information, but only to the extent that the foregoing cannot be used to specifically identify you. However, if we combine non-personally identifiable data with personally identifiable information, we will treat the combined data as personally identifiable information.

Aggregated Personally Identifiable Information

In an ongoing effort to better understand and serve visitors of the Site and customers we may conduct research on your demographics, interests, and behavior based on personally identifiable information and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as non-personally identifiable data under this Privacy Policy.

Children

We do not knowingly or intentionally collect any personally identifiable information from children under the age of eighteen (18), and our emails and the Site are neither directed nor targeted to children less than eighteen (18) years of age. If you are under the age of eighteen (18), please do not submit any personally identifiable information through the Site or the Database. If you have reason to believe that a child under the age of eighteen (18) has provided personally identifiable information to us through the Site, please contact Guest Services, and we will use reasonable efforts to delete such personally identifiable information from the Site and our files.

International Privacy Laws

If you are visiting the Site from outside the United States, please be aware that you are sending information (including personally identifiable information) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us. We will hold and process your personally identifiable information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States personally identifiable information may be subject to lawful access requests by government agencies.

Changes to this Privacy Policy

We reserve the right, in our sole discretion, to modify or supplement this policy at any time. If a change to the terms of this policy is made, we will post a notice on the Site’s homepage with a link to the new policy. Modifications will be effective thirty (30) days following the date of posting the new policy. Your continued use of the Site following the effectiveness of any modifications to this Privacy Policy constitutes acceptance by you of those modifications. If any modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing, and otherwise using the Site and contact us via the procedure described in the Site’s Terms of Use.

Dispute Resolution

If you have a complaint about our privacy practices, we will take reasonable steps to work with you to attempt to resolve your complaint under the arbitration procedures described in the Site’s Terms of Use. BY USING THE SITE, WE EACH AGREE TO SETTLE DISPUTES ONLY BY ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS). 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 THE AGREEMENT, AS A COURT WOULD. You must first send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the "Dispute Notice"). The Dispute Notice must be addressed to: francesca's®, 8760 Clay Road, Suite 100, Houston, Texas 77080, and sent by certified mail as described in the Site's Terms of Use. If you do not reach an agreement with us to resolve your privacy complaint within sixty (60) days after the Dispute Notice is received, you may commence an arbitration proceeding pursuant to the Dispute Resolution provisions set forth in the Site’s Terms of Use.

Acceptance Of These Terms

By using the Site, you agree to this Privacy Policy and the Site’s Terms of Use. If you do not so agree, please do not use the Site. If we change this Privacy Policy or the Terms of Use, your continued use of the Site following the posting of such changes will signify your acceptance of those changes. By providing personally identifiable information to us, you fully and unambiguously consent to the collection and processing of your information throughout the world.

Cookie Policy

This Cookie Policy sets forth our policy with respect to information, including information that may be associated with a specific person and could be used to identify that person ("personally identifiable information"), that is collected from visitors to the Site through cookies, web logs, and other similar technologies.

Incorporation By Reference

Please also refer to our Privacy Policy, into which this Cookie Policy is incorporated by reference, which sets forth our policy with respect to the collection, use, disclosure, transfer, and storage of information, including personally identifiable information that is collected from visitors to the Site. Nothing in this Cookie Policy shall be deemed to modify, waive, amend, or rescind any other term of the Privacy Policy.

Consent

By using the Site you are consenting to the use of the technologies described in this Cookie Policy to collect both personally identifiable information and non-personal data and to the storage of information on your device or web browser as described in this Cookie Policy.

What are cookies?

A cookie is a piece of information that is placed on your web browser or hard drive when you access and/or use the Site or Database. Cookies store text and can later be read back by the Site or third parties. We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier. Cookies can remember what information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages. This makes it easier for you to move from one webpage to another and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

How can I manage cookies?

Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue on your browser until they are affirmatively deleted). You can manage cookies through your web browser's option settings and through those settings you may be able (a) to receive notifications when you are receiving new cookies; (b) to disable cookies; or (c) to delete cookies. Please refer to your web browser's help section for information on how to do this.

What do we use these technologies for?

We may use pixel tags, cookies set by us, and cookies set by third party service providers at our direction with respect to each of the uses set forth below.

Essential Uses

We use these technologies in a way that is essential for the operation of the Site or parts of it. For example, we may use cookies to determine where to route your traffic to effectively distribute the Site workload across numerous servers. Web server logs allow us to count how many people visit the Site and evaluate their capacity.

Performance/Analytics

We use these technologies to monitor the Site and analyze how you use the Site. We may place cookies that allow us to measure the time of your requests to our servers and our responses, to test new features, to record statistics about usage, to track your activities on the Site, and to track the places from which you come to the Site. We may also use third party cookies to collect information about behavior on the Site for these Performance/Analytics purposes.

Functionality

We use these technologies to allow us to provide certain functionality on the Site and to remember your preferences. For instance, cookies allow us to track your order history and returns and to auto-populate shipping and billing addresses. If you disable or delete cookies, you may not be able to use some functions of the Site.

Advertising (including behavioral/interest based advertising)

We may use these technologies to deliver focused online banner advertisements to you both on and off the Site. By using these technologies, we hope to better tailor these advertisements to your interests. Sometimes this is called online behavioral, interest based, or retargeted advertising.

francesca's® Rewards Program

Revision Date: September 5, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE FRANCESCA'S® REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR SITE TERMS OF USE, PRIVACY POLICY, AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE REWARDS DETAILS PAGE, EACH OF WHICH IS INCORPORATED BY REFERENCE IN THESE "TERMS". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE FRANCESCA'S® REWARDS PROGRAM.

Welcome to terms of use for the francesca's® Rewards Program ("Program"). Francesca’s Services Corp. operates the Program at 8760 Clay Road, Suite 100, Houston, TX 77080. These Terms apply to your access to, and participation in, the Program. francesca's® reserves the right to amend or modify the Program and program terms and conditions at any time and in any way in its sole discretion. Any changes or modifications will be effective immediately upon posting them to www.francescas.com. You agree to waive any right you may have to receive specific notice of such changes or modifications. Your continued participation in the Program confirms your acceptance of these Terms and any such changes or modifications. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR PARTICIPATION.

Eligibility

The Program is intended for personal use only. Commercial use is prohibited. The Program is not targeted towards, nor intended for use by, anyone under the age of 18. By joining the Program, you represent that you are 18 years of age or older. The Program is open to U.S. residents only.

Rewards

The Program is one way in which francesca's® thanks and rewards loyal customers for shopping with us. Participants of the Program are able to earn and accumulate points that qualify them for discounts and coupons, a free gift, and exclusive events (also known as "Rewards"). The Program rewards discussed on the Rewards Details page are part of these Terms. francesca’s® reserves the right to change the Program Rewards, including the earning model, discount amounts, other rewards, and eligibility used to determine the Rewards, at any time in its sole discretion. All changes will apply to future orders, including for current members.

We may, in our sole discretion, terminate your participation at any time without notice. If we do so, you will not be able to earn any further Rewards, but you will be able to use Rewards you have already earned until they expire.

How to join

You can join francesca's® Rewards in one of our select participating boutiques. From a select participating boutique, you can give one of our team members your email address and phone number to join francesca's® Rewards. You will receive information about the Program at the boutique and in a welcome email with a link to our Rewards Details page.

By joining the Program, you consent to receive discounts, coupons, promotions, and other information about sales and offers to the email or phone number provided when you join. If you no longer want to receive promotional emails from francesca's®, you can update your email preferences by clicking on the "manage preferences" link in our emails to unsubscribe. You will not be able to receive some of your Rewards if you unsubscribe.

Earning points

You will earn one point for every dollar you spend on merchandise at francesca's® boutiques (shipping and tax excluded). Your points determine your Rewards levels, but are promotional and have no cash value.

Francesca's rewards levels

By joining the Program, you are automatically enrolled in Tier 1 Rewards. Rewards may include:

Join Offer: You will receive a one-time discount of 10% off your entire transaction in boutique when you join.

Exclusive Shopping 10% Off Event: On a specified date (or dates), you will be able to use a 10% off stackable coupon in boutiques. You will receive a scan-able, unique coupon code for this discount in an email.

Free Gift: You will receive a free gift in one of our select participating boutiques. You will receive an email that directs you to a select participating boutique to pick up your gift. Free gift selected by francesca's® in its sole discretion and may not be exchanged or returned for cash. Offer valid while supplies last.

No transfer

Your points, Rewards, and your account under francesca's® Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) francesca's® rewards account that is personal to you.

Severability

If any provision of these Terms is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions.

Privacy policy and cookie policy

You should refer to our Privacy Policy and Cookie Policy for information about how we use and collect information, which may be accessed by clicking on the following link: https://www.francescas.com/category/guest-services/privacy-security.do (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and Cookie Policy and that those policies will govern our collection and use of your personally identifiable information to the extent permissible by law.

Terms of use

The francesca's® Rewards Program is subject to the francesca's® Terms of Use available at https://www.francescas.com/category/guest-services/terms-of-use.do.

Contact information

If you have any questions about these Terms, please contact francesca's® at: rewards@francescas.com.

Francesca’s SMS Marketing Terms and Conditions

Revision Date: September 7, 2017

By participating in francesca's® SMS text alerts, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the francesca's® text list, text STOP to 22466 to opt-out. After texting STOP to 22466, you will receive one additional message confirming that your request has been processed. Text HELP to 22466 for help or contact customer care at www.francescas.com/category/guest-services/contact-us.do or 1-800-980-1180.

In the event you change or deactivate your mobile number, it is your responsibility to notify francesca's® at www.francescas.com/category/guest-services/contact-us.do to have your number removed. Your carrier is not liable for delayed or undelivered messages.

You will receive multiple messages per month, according to the message frequency listed on the francesca's® alerts details page at www.francescas.com/privacy, which is incorporated herein by reference. Additionally, francesca's® reserves the right to alter message frequency at any time, i.e., we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

View our Privacy Policy by visiting: www.francescas.com/privacy

View our Terms of Use by visiting: www.francescas.com/category/guest-services/terms-of-use.do

Arbitration and Class Action Waiver Agreement

Please read this carefully. It affects your rights.

We each agree that any dispute or claim relating in any way to your use of francesca's® SMS texts and alerts will be resolved by confidential and binding arbitration, rather than in court.

You acknowledge and agree that both you and francesca's® are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive termination of these Terms.

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

Prior to initiating an arbitration proceeding, you may first send francesca's® a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to francesca's® must be mailed to the attention of the francesca's® Legal Department at 8760 Clay Road, Suite 100, Houston, TX 77080. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. francesca's® will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

Fees

We will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or francesca's® pursuant to the terms of this section. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

You may elect to opt-out of the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to the attention of the francesca’s® Legal Department, at 8760 Clay Road, Suite 100, Houston, TX 77080, within thirty (30) days of your subscription to francesca's® alerts that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of this Agreement will continue to apply. If you do not so opt-out, then the terms of this section will apply.

Notwithstanding the provisions of "Changes to Terms" section below, if francesca's® changes this "Arbitration and Class Action Waiver" section after the date you first accepted this Agreement (or accepted subsequent changes to the Agreement), you may reject any such change by sending written notice to the francesca's® Legal Department within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of our text to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and francesca's® in accordance with the provisions of this "Arbitration and Class Action Waiver" section as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).

Limitation of Liability

We are not responsible and will not be liable for any damages of any nature, including, without limitation, any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.

Applicable Law

Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Texas.

Severability

If any term of this Arbitration and Class Action Waiver Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to Terms

These Terms & Conditions are subject to change at any time. Updates to these Terms & Conditions will be posted to www.francescas.com/category/guest-services/terms-of-use.do. You may elect to opt-out of francesca's® SMS texts and alerts. Your continued receipt of francesca's® alerts will constitute agreement to any updates to these Terms & Conditions.