Investor Relations

Company Profile

Caché is a women’s lifestyle and luxury retailer with a large, devoted customer base, an exclusive market niche, and flagship presence in top malls across the US. Our retail operations are supported by a high-volume e-commerce business.

We are the only US-based women’s retail chain dedicated to dresses, sportswear, and accessories designed for special occasions and daily glamour. Our unique market presence has been established over the course of 30+ years. We’ve designed, built, and currently operate 239 boutiques, each of which offers premier service and a “high touch” shopping experience. By virtue of our industry knowledge, we are recognized as true experts at dressing women.

Our boutiques are located in the prestigious center court of most malls. As a result, we enjoy extremely high/positive brand awareness from women of all ages. We continue to expand and to renovate our store base, while maintaining our commitment to providing fresh, exciting fashions and truly superior customer service.

In Spring 2013, Caché appointed a new Executive Management Team. Its mission: To leverage the company’s assets, uniqueness, and legacy as Best at Dress to grow the business, establish new territories, and evolve the brand for the next generation of fashion-conscious women.

Careers

We have a number of positions open, and we're always looking for new talent. If you're interested, email us at: careers@cache.com

Company Management

EXECUTIVE LEADERSHIP

  • Jay Margolis

    Chairman, Chief Executive Officer and President

  • Anthony DiPippa

    Executive Vice President, Chief Financial Officer

  • Arnie Cohen

    Executive Vice President, Chief Marketing Officer

  • Donna Edbril

    Senior Vice President, General Counsel & Corporate Secretary

  • Jennifer Ehrenfeld

    Senior Vice President, Design

  • Jane Inman

    Executive Vice President, Chief Stores Officer

  • Richard Owen

    Executive Vice President, Supply Chain


INDEPENDENT DIRECTORS

Gene Gage

Michael Price

Charles Hinkaty

Robert Grayson

J. David Scheiner


INVESTOR RELATIONS CONTACTS

  • Allison Malkin

    Senior Managing Director
    761 Main Street
    Norwalk, CT 06851
    Phone: (203) 682-8225
    Email: Allison.Malkin@icrinc.com

  • Anthony DiPippa

    Executive Vice President, CFO
    Phone: (212) 575-3206
    Fax: (212) 764-2082
    Email: cacheinv@cache.com

Corporate Governance

Caché, Inc. has enjoyed a stellar reputation for honesty, integrity, and trustworthiness. This reputation has been earned over many years based on the daily words and actions of all of Caché employees. To maintain our good name, we must adhere to the highest standards of conduct in our dealings with people, organizations and governments.

Employee Code of Conduct
Audit Committee Charter
Compensation Committee Charter
Nominating and Governance Committee Charter
Non-Employee Director Code of Conduct

Investor FAQs

What does the name Caché mean?
By definition, Caché means a secret place where treasures are kept.

When was the Company founded?
The first Caché store opened in 1975.

Where is Caché's headquarters?
The Company's headquarters are located at 256 W. 38th Street, New York, NY 10018.

How many stores does Caché have?
The total store count as of June 2014 was 239.

On what stock exchange are Caché shares traded and what is the ticker symbol?
The Company's Common Stock is traded on NASDAQ with the symbol: CACH.

When does the Company's fiscal year end?
Caché follows the standard fiscal year of the retail industry, which is a 52-or 53-week period ending on the Saturday closest to December 31 of the following calendar year.

How can I receive an Annual Report, Form 10-K, Proxy Statement?
Please refer to the SEC Filings section of the site. For a printed version, please send your request via email to our investor contacts here

Can I buy stock directly from the Company?
CACH company stock cannot be purchased directly from Caché. To purchase stock, you must contact a brokerage firm.

How can I learn more about my Caché stock?
Caché does not have access to individual shareholder or account information. To learn more more about your holding of CACH, please contact either your broker or our transfer agent, Continental Stock Transfer & Trust Company, 17 Battery Place, New York, NY 10004.

How can I get more information about the performance of the stock?
To get more information about stock performance, see the Stock Quotes section of our website or to the SEC Filings section, which includes a link to their EDGAR databas and our annual reports.

Investor Contacts & Kit

Investor Contacts

  • Allison Malkin

    Senior Managing Director
    761 Main Street
    Norwalk, CT 06851
    Phone: (203) 682-8225
    Email: Allison.Malkin@icrinc.com

  • Anthony DiPippa

    Executive Vice President, CFO
    Phone: (212) 575-3206
    Fax: (212) 764-2082
    Email: cacheinv@cache.com

Your request has been sent.

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Stock Quotes

Caché is traded on NASDAQ: CACH.

You can get up-to-date quote data plus news and headlines about Caché on Yahoo! Finance. For stock quotes click here

SEC Filings

November 12, 2014
10-Q Quarterly Report
XBRL Files - 10-Q Quarterly Report

June 28, 2014
10-Q Quarterly Report
XBRL Files - 10-Q Quarterly Report

March 29, 2014
10-Q Quarterly Report
XBRL Files - 10-Q Quarterly Report

To view all SEC filings, click here.

To view Section 16 reports, click here.

Conference Calls

Click here to listen to the Caché Inc. Third Quarter 2014
Earnings Results to take place on Monday, November 10, 2014 4:30 PM Eastern Time.
Transcript of Caché Third Quarter 2014 Earnings Results Call

Click here to listen to the Caché Inc. Second Quarter 2014
Earnings Results to take place on Monday, August 11, 2014 4:30 PM Eastern Time

Click here to listen to the Caché Inc. First Quarter 2014
Earnings Results that took place on Monday, May 12, 2014 9:00 AM Eastern Time.

Click here to listen to the Caché Inc. Fourth Quarter 2013
Earnings Results that took place on Tuesday, March 25, 2014 9:00 AM Eastern Time.

Privacy Policy

This website, http://www.cache.com (“Site”) is operated by Caché, Inc. (“Caché” or “we”). We value our customers and respect their privacy. This Privacy Policy describes the types of information we collect from you, how we use, share and protect this information, and what choices you have with respect to your information. This Privacy Policy applies to the personal information we collect from you when you visit our Site, sign up to receive the latest deals, news and information from us, place an order or make a purchase at our Site, or otherwise register your email address with us.

This Privacy Policy is incorporated by reference into the Caché Website Terms of Use (the “Terms”), which apply to this Policy. To read these Terms of Use, click here.

Types of Information We Collect

We collect certain personal information from you when you contact us or when you register for an account, make a purchase, place an order, or sign up to receive news and promotions on the Site. In general, we collect the following type of information about customers:

Account Registration Information
Users are not required to create a Site account when they make a purchase through the Site. When you sign up for an account with us, we collect and store your first and last name, e-mail address, password, mailing address, phone number and other contact information.

We also may collect and store other information from you, such as your birthday, gender, information about your preferences or interests, demographic information, and credit card billing information.

Email Contact Information
You may sign up to receive periodic emails from us about our products, promotions and services. When you do so, we will ask you to provide your email address. You also may, but are not required to, provide information about you so that we can develop a profile that will allow us to tailor our communications with you.

Purchase Information
If you make a purchase through the Site, we collect your shipping and payment information, such as your credit or debit card number, expiration date and other information necessary to process your payment, or your Caché Gift Card information. We use this information only to process your purchase. We do not store your credit card billing information unless you are a registered user and you choose to save this information to your account for future purchases.

Order History
When you make purchases from us, we collect and store information about your order history, such as order date, order amount, items purchased, payment method, shipping information and the like.

Site Activities
We use cookies and other tracking technologies to automatically collect information about you when you visit our Site or use our Services, including IP address, browser type, operating system, date and time of visit, time spent on and/or logged in to Site, pages visited, links clicked, items viewed, items added to your shopping bag, referring URL and other Site activity. We may combine this Site information with the personal information we have collected from and about you.

Other Information
We also collect and store information about any inquiries or communications you submit to us, and any promotions in which you participate at our Site. In addition, we collect your email address and name if you sign up to receive information about latest deals, promotions and information from Caché. In addition, we may receive other aggregate, demographic information about our customers.

How We Use Your Personal Information

In general, we use the information we collect from you, including any personal information, for the following purposes:

  • To process and fulfill your order, including to send you emails to confirm your order status and shipment or to otherwise communicate with you about your order
  • To communicate with you about your account
  • If you have opted in, to send you marketing information by email, postal mail and text message about our products, services, contests, and promotions
  • To help us learn more about your shopping preferences, to develop and provide products and services tailored to your interests and to otherwise personalize your experiences at our Site
  • To better understand how users access and use our Site
  • To provide troubleshooting, technical support and customer service to users
  • To help us address problems with and improve our Site design, products and services
  • To enhance your shopping experience
  • To analyze trends and statistics and for research purposes
  • To protect the security or integrity of the Site and our business
  • To investigate, prevent or take action regarding violations of this Privacy Policy or the Terms of Use

How We Disclose Your Personal Information

We do not sell or rent any of your personal information to third parties for their marketing purposes, unless we receive your consent. However we may disclose your personal information under the following circumstances:

    • Service Providers: We may disclose the information we collect from you to third party vendors, service providers, contractors or agents that perform functions on your behalf. These third parties have agreed to maintain the confidentiality, security and integrity of personal information and to only use it for the purposes for which they have been engaged by us.
    • Business Transfers: If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company.
    • Legal Process: We may also disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, subpoena or other legal process.
    • To Protect Us and Others: We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety, rights or property of any person or party, or violations of our Terms of Use or this Privacy Policy.

We also may share aggregated or de-identified information about users with third parties for marketing, advertising, research or other purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate demographic information with that third party about the users to whom we displayed the advertisements.

Accessing and Updating Your Account Information

If you are a registered user, you may access and update your account profile information and marketing subscriptions by logging in to your account. In addition, you may access or modify such information by contacting us using the information listed at the end of this Privacy Policy.

Marketing Subscriptions

When you create an account, you are given the option to sign up to receive special offers, news and alerts about Caché via e-mail; text message and direct mail. You are not required to “opt in” to receiving promotional communications from Caché in order to create an account or make a purchase at the Site. You also may change your marketing subscriptions at any time by updating your account preferences or contacting us using the information listed at the end of this Privacy Policy. In addition, if you receive a promotional e-mail from us, you may click the unsubscribe link contained in the e-mail to “opt out” or receiving future promotional e-mails from us.

Cookies and Other Tracking Technologies

When you interact with the Site, we strive to make your experience easy and meaningful. We may use or engage others to use cookies, clear GIFs and other means to track user activity and collect site data. We may combine this data with the personal information we have collected.

Cookies: When you come to the Site, our web server sends a cookie to your computer. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through you web browser for record-keeping purposes. There are two types of cookies: session-based and persistent cookies. In addition, we may permit certain third party cookies to be placed on our Site.

      • Session Cookies: Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Site. This allows us to process your online transactions and requests, store the items you have added to your shopping bag and verify your identity, after you have logged in as you move through our Site.
      • Persistent Cookies: Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track information about user activity, which may be combined with other user information.
      • Third Party Cookies: We may also engage third parties to track and analyze non-personally identifiable Site data. We use the data collected by such third parties to help us administer and improve the quality of the Site and Services and to analyze usage. We do not provide these third parties with any personal information that we have collected about you. However, we do not have access to or control over these third party cookies nor does this Privacy Policy cover such third parties’ use of data.

Disabling Cookies: Most web browsers automatically accept cookies, but if you prefer you can edit your browser options to block them in the future and you may be able to use other “Do Not Track” browser settings. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies altogether or how to alter the browser’s setting to disable user tracking. Site visitors who disable their web browser’s ability to accept cookies or alter user tracking will be able to browse the Site; however, many site features, such as the shopping bag, may not function if you disable cookies.

Clear GIFs (Web Beacons/Web Bugs): We or the third parties we engage to track and analyze Site data may employ clear GIFs (a.k.a. Web Beacons/Web Bugs) to help us better manage content on the Site. We currently utilize a third party service provider to collect, analyze, and generate reports on Site usage. The third party service provider may use clear GIFs to gather analytics data about our Site. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on Web pages.

Third Party Links

The Site may contain links to other sites that are not owned or controlled by Caché. This Privacy Policy applies only to information collected through this Site. We are not responsible for the privacy practice of other sites. We encourage you to review the privacy statements of each site that collects your personal information.

Security

We want the information that you submit to us to be secure. We have implemented commercially reasonable precautions to protect our Site and Services, as well as the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, when you submit your credit card number or personal information to us online, that information is encrypted and protected with SSL technology, the current industry-standard protocol. We have also implemented robust access controls to safeguard against unauthorized access to our information systems. Please be aware that despite our best efforts, no data security measures can guarantee security all of the time.

There are also certain steps you should take to safeguard your account and information. For example, you should select a secure password that only you know, and should always sign out of you account when finished. It is your responsibility to protect the confidentiality of your password in order to prevent unauthorized access to your account. You are responsible for all activities that occur under your account and password. You should immediately change your password and notify us if you discover or suspect any unauthorized use of your account.

Children

Our Site is not intended for use by children under 13 years old. We do not knowingly collect personally identifiable information from, or target our Site to, children under the age of 13. In accordance with the Children’s Online Privacy Protection Act of 1998, if we discover that a child under 13 has provided us with personally identifiable information, we will remove it from our systems immediately.

Changes to this Privacy Policy

We may amend this Privacy Policy at any time. Any changes to this Privacy Policy will be posted here, so please check this page regularly and make sure to also check the effective date, as set forth above. All amended terms shall be effective immediately. If we make any changes to this Privacy Policy that materially affect how we treat the personal information we have previously collected from you, we will endeavor to provide you with notice, either at your email address of record or when you log in to your account at our Site, and allow you to opt-out of having your personal information used in such a manner.

Contact Us

You may contact us with any questions, comments or concerns about the Site or this Privacy Policy by clicking contact us in this page's footer and submitting our contact form, or by contacting us at:

Caché Customer Service
256 W. 38th Street, 2nd Floor
New York, New York 10018
(800)-788-2224

Terms of Use

Welcome to the Caché website, www.cache.com (the “Site”). The content, products and services available on the Site are provided to you subject to these Terms of Use (the “Agreement”) and the Caché Website Privacy Policy (the “Privacy Policy”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by this Agreement. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER”) AND CACHE&EACUTE, INC. (“CACHE” OR “WE”), THE OWNER AND OPERATOR OF THE SITE. THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND ANY REGISTRATION ON IT. BY ACCESSING AND USING THE SITE YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, OR ANY PORTION THEREOF, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS, USE OR PURCHASE PRODUCTS FROM THE SITE.

1. CHANGES TO THIS AGREEMENT

Caché may add to, change or remove any part, term or condition of this Agreement, at any time without prior notice to you. It is your responsibility to check this Agreement periodically for changes. By continuing to access and use the Site, you are indicating your acceptance of such changes.

2. CHANGES TO THIS SITE

We reserve the right, at any time, at our sole discretion, to modify, suspend or discontinue the Site, any portion thereof, or any service or product offered through the Site, with or without notice. You agree that Caché shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service or product offered through the Site.

3. SITE TRANSACTIONS

We reserve the right to refuse, limit or cancel any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

4. PRIVACY

Our Privacy Policy describes how we collect, use and store your personal information. Please review our Privacy Policy so that you may understand our privacy practices. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy. You further agree to provide and maintain true, accurate, current, and complete information about yourself or your company, where applicable, as prompted by our registration processes or as required for the purchase of products from, or use of any services at, the Site. You acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account, refuse, cancel or block any orders, and refuse any and all current or future use of the Site.

5. SITE ACCOUNTS

5.1 Account Registration
Customers are required to create a Site account when they make a purchase through the Site. When you sign up for an account with us, we collect and store your first and last name, e-mail address, password, mailing address, phone number and other contact information. We may also collect additional optional information.

5.2 Account Security
You are entirely responsible for all activities that occur under your Site account and for maintaining the confidentiality of your username, password and account information. You also agree to promptly notify us via email of any unauthorized use of your username, password, unauthorized account activity, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session.

6. PAYMENT METHODS

Caché accepts only payments via credit card (Visa, MasterCard, American Express, and Discover) or Caché Gift Card. We will charge your credit card, or debit your Caché Gift Card, at the time we ship all or a portion of your order to you. All sales and payments will be in US Dollars.

7. RETURN POLICY

All sales made through the Site are subject to Cache’s Return Policy, which is incorporated by reference into this Agreement. Our Return Policy may be found here. For a complete explanation of the policy, please read our Return Policy.

8. PROPRIETARY RIGHTS

The term “Site Information” means all information, text, pictures, sound, graphics, video, data and other content provided by Caché, its licensors, and other third parties that is displayed on the Site, except for any Customer Comments (defined in “Customer Comments” section below). You hereby expressly acknowledge that Caché or its licensors own all legal right, title and interest in and to the Site Information including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and any and all other proprietary rights contained in or relating to the Site Information including, without limitation, trademarks, service marks, logos, patent rights and copyrights. Caché reserves all rights not expressly granted in and to the Site and the Site Information.

You are authorized to access and use the Site and Site Information as set forth in this Agreement, provided that: (i) your use of the Site and Site Information as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site on any media without Caché’s prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of this Agreement and applicable law.

9. CUSTOMER CONTENT

9.1 Customer Comments
The Site now or in the future may permit you to submit content such as comments and product reviews (“Customer Comments”). Any Customer Comments you submit may be publicly available to other Site visitors. Caché cannot and does not guarantee any confidentiality or security of any Customer Comments, and does not warrant or verify the accuracy of any Customer Comments.

You are solely responsible for any Customer Comments you submit and the consequences of posting or publishing such. Any material, information or idea submitted or posted on this Site by you will be considered non-confidential and non-proprietary. Caché may share or otherwise use your submission for any purpose whatsoever without your consent.

With respect to any Customer Comments you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Caché all of the license rights and other rights granted herein; (ii) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Caché, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; (vii) upload, post, email or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other Customers.

While we are not obligated to do so, we reserve the right to refuse or remove any Customer Comments from the Site for any or no reason, and we expressly reserve the right to refuse or remove any Customer content (1) that we reasonably consider to violate this Agreement or to otherwise be illegal or objectionable; (2) respond to any notice submitted pursuant to our Take-Down Notice and the Digital Millennium Copyright Act; and (3) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any Customer alleged to be using the Site in violation of the law.

9.2 Customer Communications
With respect to all communications you make to Caché including, but not limited to, feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Caché shall have no obligation to protect your communications from disclosures; (ii) Caché shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Caché shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

10. IMPROPER USE OF THE SITE

Caché respects the intellectual property of others, and we ask you and all Customers to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of Customers who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Caché or others.

Further, while using the Site or Site-related services (including in connection with any Customer Comments), you agree that you will not, and will not induce any third party to: (i) use the Site or any of the Site Information in a way that is unlawful, harms Caché or any User of Site, or otherwise violates the rights of any party; (ii) use the Site or any of the Site Information in a way that could overburden, or impair the Site (or the networks or systems connected to the Site; (iii) attempt to disable or circumvent any security mechanisms used by the Site or Site Information, or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Site Information or any other systems or networks connected to the Site, or to any server of Caché or its third party service providers, by hacking, password “mining,” or any other illegal means; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site, or with any other person’s use of the Site; (vi) breach any security measures implemented on the Site or in the Site Information (vii) track or seek to trace any information on any other person who visits the Site; (viii) use the Site or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work or, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site or Site Information, or otherwise made available to you in connection with the Site or Site Information; or (x) use the Site or Site Information in any manner that otherwise violates this Agreement.

11. DMCA NOTICE; COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe any Site Information or content infringes your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent “(Designated Copyright Agent”) containing the following information.

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Cache’s Designated Copyright Agent to receive notifications of claimed infringement is:

Attn: Designated Copyright Agent
Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section 8, your DMCA notice may not be valid.

Attn: Donna Edbril

General Counsel
Caché, Inc.
256 W. 38th Street
New York, New York 10018

12. COLORS

We have made every effort to display as accurately as possible the colors of our products, but we cannot guarantee that your computer’s display of any color will be accurate.

13. SITE ERRORS

There may be information on our Site that contains typographical errors that may relate to products, descriptions, pricing, promotions, availability, or offers. We reserve the right to, at any time and without prior notice, correct any such errors and to correct information or cancel orders for any and all such inaccurate information, including but not limited to after an order has been placed. If your credit or debit card has already been charged for an order which is subsequently cancelled, Caché shall issue a credit to your credit or debit card account.

14. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold the Caché Parties (defined in “Disclaimer of Warranties” section below) harmless from and against any and all losses, damages, claims, demands, liabilities and costs (including, without limitation, settlement costs, attorneys’ fees and any legal or other fees and expenses incurred in investigating or defending any actions or threatened actions) arising from or related to your breach of this Agreement or otherwise arising from or related to your use or misuse of the Site, or Site Information, or your submission of any Customer Comments.

15. SECURITY

You shall not violate or attempt to impair or degrade the security of the Site. Violations of system or network security may result in civil or criminal liability. Caché reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who have participated in such violations.

16. WARRANTY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL SITE INFORMATION AND CUSTOMER COMMENTS ARE PROVIDED ON AN “AS IS” AND “AS IS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, OF ANY KIND. YOUR USE OF THE SITE, INCLUDING ANY CONTENT OR SERVICES THEREIN, IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE.

CACH&EACUTE, ON BEHALF OF ITSELF AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AUTHORIZED CUSTOMERS AND THIRD-PARTY SERVICE PROVIDERS, INCLUDING ANY RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS THEREOF, AND ANY OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “CACH&EACUTE PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. CACH&EACUTE DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, OR ANY CONTENTS OR SERVICES THEREIN, WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, TIMELY, ERROR-FREE OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENTS THEREOF WILL MEET YOUR REQUIREMENTS, OR THAT THE; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE; OR ANY CONTENT OR SERVICES THEREIN; IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Caché’s warranties and conditions with respect to the Site and Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.

17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE CACH&EACUTE PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF A CACH&EACUTE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE FOREGOING, A CACH&EACUTE PARTY IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, OR ANY CONTENT OR SERVICES THEREIN, THE RELEVANT CACH&EACUTE PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID CACH&EACUTE FOR YOUR USE OF THE SITE, AND ANY CONTENT OR SERVICES THEREIN; AND (B) THE SUM OF ONE HUNDRED (100) DOLLARS.

Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Caché’s warranties and conditions with respect to the Site and Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.

18. LIMITED TIME TO BRING YOUR CLAIM

Where permitted by law, you and Caché agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

19. LINKS

The Site may provide, or third parties may provide, links to other websites or resources. Because Caché has no control over such websites or resources, you acknowledge and agree that Caché is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available form such sites or resources. Caché assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Site, you expressly waive any rights, claims or liability against Caché from your use of any third-party website.

20. TERMINATION

You agree that Caché, in its sole discretion, may terminate your use of the Site, including your account or your ability to make purchases through the Site, for any reason, or for no reason, and also may do so if Caché believes that you have or may have violated or acted inconsistently with the letter and spirit of this Agreement. Caché may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Cache may bar any further access to the Site. Further, you agree that Caché shall not be liable to you or any third-party for any termination of access to the Site.

21. RIGHT TO ACCESS / AGE OF CUSTOMERS

To use the Site, you must be fourteen (14) years of age or older. By registering with Caché, you represent and warrant that you are fourteen (14) years of age or older.

22. JURISDICTION, VENUE & WAIVER OF JURY TRIAL

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts of the State of New York, County of New York or the Southern District of New York.

TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT.

23. ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY

This Agreement constitutes the entire Agreement between you and Caché in connection with the Site or Services an supersedes all prior agreements between you and Caché regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and Caché or any of the Caché Parties.

The failure of Caché to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must be in writing and signed by Caché.