TERMS & CONDITIONS
The Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Express as a service to its current and prospective customers and visitors to the Site and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site or any of its Materials without our express prior written permission; and (b) you may not access or use the Site for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Express may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Express.
This Site may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Express. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Express.
Express has a no-tolerance policy regarding the use of our trademarks and trade dress in metatags and/or hidden text. Specifically, the use of our Trademarks and Trade Dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our Trademarks and Trade Dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on the Site is prohibited without our express written permission. Framing, inline linking or other association of the Site or its materials with links, advertisements and/or other information not originating from the Site is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
You may choose to register with us through the Site and create an account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. Online account takeovers are a growing problem, as malicious actors are using user names and passwords stolen from other companies and testing them on other websites. We recommend that you use a username and password combination that is unique for this Site and is not used elsewhere. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
The Site may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Express does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Site.
In connection with User Submissions, you affirm, represent, and warrant to Express that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Express as set forth in the license granted above; (iii) use of your User Submission(s) on the Site or otherwise by Express, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Express to utilize the User Submission(s) without compensation or objection. For clarity, Express obtains the license above, but does not claim ownership of your User Submissions.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Express, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site and/or our related services and products.
You shall not circumvent, disable or otherwise interfere with security-related features of the Site, including, without limitation, any features that enforce limitations on the use of promo codes, the Site or Site Content. You shall not circumvent, disable or otherwise interfere with security-related features of the Site that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Sites or impair, overburden, or disable the same.
Notice of Copyright Infringement:
Express does not permit copyright infringing activities on the Site, and Express may remove any Materials if properly informed that any such Materials infringe on another’s copyright rights. Express will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Express by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Express to locate the same;
- Information reasonably sufficient to permit Express to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows: Director of Legal, Express, LLC, 1 Express Drive, Columbus, Ohio 43230
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Products and Orders:
All features, specifications, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Periodically, links may be established from this Site to one or more external Sites or resources operated by unrelated third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Site. These links should not necessarily be deemed to imply that Express endorses the Third Party Sites or any content therein.
Express does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Express will have no liability arising out of or related to such Sites and/or their content 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 Site.
THE SITE AND SITE CONTENT ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Site, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL EXPRESS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF EXPRESS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Disputes With Express And Agreement To Arbitrate
This Arbitration Provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, the Arbitration Provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as our corporate affiliates and vendors, and members of your family. The Arbitration Provision also applies to claims of every kind and nature, including but not limited to counterclaims, crossclaims and third-party claims, and claims based upon torts, statutes, regulations, common law and equity. However, any dispute over the validity, enforceability or scope of this Arbitration Provision shall be decided by a court, not an arbitrator.
You or we may commence an arbitration proceeding by following the rules then in effect for either JAMS or the American Arbitration Association (AAA), as selected by the party commencing an arbitration. For a copy of the rules, to file a claim or for other information, contact either JAMS (jamsadr.com or 800-352-5267) or AAA (adr.org or 800-778-7879). In addition to JAMS and AAA, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of this Arbitration Provision. This Arbitration Provision is made concerning transactions involving interstate commerce and shall be governed by the FAA. If there is a conflict between the applicable arbitration rules and this Agreement, this Agreement shall govern. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve privacy and confidentiality. Judgment on any arbitral award may be entered in any court having jurisdiction.
If there is an in-person Arbitration hearing, it shall take place in the federal judicial district that is closest to your residence and contains an Express store. If the nearest federal judicial district to your residence that contains an Express store is more than 50 miles away from your residence, you may elect to conduct the arbitration by telephone or at a location in your county of residence.
You will be responsible for paying your share, if any, of arbitration fees, but only up to the amount of filing fees you would have paid to file a claim in the state or federal court closest to your residence. We will be responsible for any additional arbitration fees, even if we win the arbitration. In a dispute involving $10,000 or less, you may choose to have the arbitration conducted by telephone, based on written submissions from the parties, or in person according to the JAMS or AAA rules.
This Arbitration Provision shall survive termination of the Site or your use of the Site and any bankruptcy by you or us. If any portion of this Arbitration Provision or this Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision; provided, however, that the entire Arbitration Provision shall be invalidated if the requirement of arbitration solely on an individual basis is deemed invalid or unenforceable.
You may opt out of this agreement to arbitrate by notifying Express in writing within 30 days of the date that you first became subject to this arbitration provision. To opt-out, mail a letter that includes your name, address, and phone number, and states your decision to opt-out of the arbitration provision to: Express, LLC, Attention: Legal Department - Arbitration Opt-out, 1 Express Drive, Columbus, Ohio 43230.
Express may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Express 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. Express may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Site after any changes to these terms are posted will be considered acceptance of those changes.