IMPORTANT NOTICE
Effective January 2022

PLEASE READ CAREFULLY THESE EXPRESS STYLE EDITOR TERMS AND CONDITIONS (THIS “AGREEMENT”) AND AGREE TO BE BOUND BY THESE TERMS

BY CREATING YOUR EXPRESS STYLE EDITOR ACCOUNT AND DOWNLOADING THE EXPRESS STYLE EDITOR CENTRAL APP.  BY CREATING YOUR EXPRESS STYLE EDITOR ACCOUNT AND DOWNLOADING THE EXPRESS STYLE EDITOR CENTRAL APP, YOU AGREE TO BECOME AN EXPRESS, LLC STYLE EDITOR (HEREINAFTER REFERRED TO AS A “STYLE EDITOR”) AND (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT THAT FOLLOWS, (2) YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, (3) YOU RESIDE IN THE UNITED STATES, AND (4) YOU ARE AUTHORIZED TO WORK IN THE UNITED STATES.

IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU DO NOT MEET THESE CRITERIA, YOU MUST CLICK ON THE “CANCEL” BUTTON TO DISCONTINUE THE PROCESS OF BECOMING AN EXPRESS STYLE EDITOR.

YOU AGREE THAT WHEN YOU CLICK “I AGREE TO BECOME AN EXPRESS STYLE EDITOR AND AGREE TO THE TERMS AND CONDITIONS OF THE EXPRESS STYLE EDITOR AGREEMENT”, YOU WILL “SIGN” THIS AGREEMENT ELECTRONICALLY AND THAT YOU WILL BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. INCLUDING A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. 

Welcome to Express! Express, LLC (“Express”, “we” or “us”) hopes to provide a financial opportunity for fashion-loving, tech-savvy, entrepreneurial individuals like you. In order for you to become a new independent sales representative for us, we need to agree on the terms that will govern our relationship.

Set forth below are the terms and conditions governing the relationship between each independent sales representative (hereinafter referred to as a (“Style Editor”) and us. These terms and conditions, the disclosures and policies available on our website at www.Express.com (“Policies”), and the policies and guidance posted on the Express Style Editor Central app or otherwise made available to you (collectively with the Policies, “Procedures”), in each case as may be in amended and updated from time to time, are incorporated into and made a part of these terms and conditions, including but not limited to the following: the Commission Plan, Content Guidelines and Activity Guidelines and Performance Standards.

 

1. Style Editor’s Rules and Responsibilities: As one of our Style Editors, you will promote our products by posting social media posts (collectively, the “Posts”) on your own social media channels (“Style Editor’s Services”). Each of your Posts will include a tag or link to our website, at which your readers and followers (collectively, “Your Followers”) may purchase products directly from us. You will receive a fee from Express when any of Your Followers purchase Express products after clicking on a link on one of your Posts. For clarity, You will only receive a fee if Your Followers purchase products directly through your Post on your storefront. The fee structure is described in more detail in the Commission Plan. Please refer to Section 3 of this Agreement and/or the Commission Plan for additional details on the current compensation structure. In performing the Style Editor’s Services, you agree to follow the policies and practices described in the Policies and Procedures, as well as the requirements set forth in this Agreement (including, without limitation, the requirements for Posts described in Section 2 of this Agreement). You acknowledge that we may change the Procedures and the Policies from time to time, and you agree to comply and follow any changes without notice. You also agree to:

    (a) behave in a legal, ethical, professional, and businesslike manner and maintain the highest standards of integrity, honesty and responsibility in your dealings with us, customers (including, without limitation, customers who are Your Followers) and our other sales representatives;

    (b) present our products in a truthful and sincere manner and to not engage in any activity or action that may damage our reputation or the reputation of our products;

    (c) allow us to access and import contacts from your social media channels onto Express’s platform;

    (d) promptly forward to us a complete copy of all questions, complaints, related correspondence, and requests of any kind from Your Followers regarding Express or our products, together with all contact information in your possession for each such of Your Followers, such that we may respond to such communications directly;

    (e) review and comply with the Express Influencer Social Content Guidelines and the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”), available at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf

    (f) comply at all times with the Express Procedures, Terms of Service and Privacy Policy, the terms of which are incorporated by reference; and

    (g) comply with any changes to this Agreement that may be made by us.

2. Requirements for Posts:

    (a) All Posts must include the following:

        (i) Brand handle: Tag @express (Instagram), @express (Twitter), @express (Facebook), and @express (TikTok);

        (ii) One of the following disclosures: #ad, #sponsored, #paid or other disclosure language, as required by the Federal Trade Commission; and

        (iii) Swipe ups and campaign or event hashtags as directed by us from time to time.

    (b) We may, at any time, require that you submit to us for prior approval any Posts prior to being published. At our request, you will edit, modify, remove or otherwise delete within 24 hours any Posts that we may deem not to comply with this Agreement or otherwise not to be in the best interests of Express, in our sole discretion.

3. Compensation: In consideration for your services as a Style Editor:

    (a) We will pay you commissions and fees in accordance with the Express Commission Structure (“Commission Plan”). Upon acceptance of this Agreement by us, once you begin publishing Posts in accordance with the terms of this Agreement, you will be eligible to earn a commission calculated as a percentage of the purchase price of Express products purchased by Your Followers. The exact percentage of earned commission is based on product type and sales volume thresholds that may be modified over time. We may unilaterally, upon 10-day written notice to you modify our Commission Plan, by posting notice on the Style Editor platform or otherwise giving you notice at the email address or physical address you provide to use when registering as a sales representative. Express will make the final determination as to the amount of commissions you will be paid based on the purchases by Your Followers and you agree to accept such determination.

    (b) If you join our loyalty program, Express may  provide you from time-to-time with a discount code for your personal use on purchases of our products at www.express.com for a period of time after you create a Style Editor account. The length of the discount period will be disclosed to you upon account creation. You will not share such discount code with any other person. After the initial discount period, if applicable, your discount will expire. Sharing the discount code to others could subject you to termination from the program. Membership in the Express loyalty program is free and is conditioned on your acceptance loyalty program terms and conditions set forth on express.com.  Your Style Editor email address and your loyalty account email address must match and must be linked. 

    (c) Express may withhold the payment of commissions or fees if you are the subject of an investigation, or there is a claim against you, for any suspected or alleged wrongful conduct or any violation of this Agreement. You agree that Express will not be liable for any such amounts.

4. Independent Contractor Relationship: Under this Agreement, you will be one of our Style Editors to market Express products to the public in the United States, U.S. Territories, and U.S. Military Bases (the “Territory”). This is a non-exclusive relationship and Express reserves the right to enter into agreements with other merchandisers, influencers, and sales or marketing partners. You will be an independent contractor and not our employee, joint venturer, franchisee, partner, or agent. Accordingly, you will have no authority to incur any debt, obligation or liability on behalf of us – and you are not authorized to sign any contracts on our behalf. We will pay you commission, as explained above, but you will be responsible for all self-employment (Social Security), income taxes, and other reports required by your activities under this Agreement. You agree to abide by all federal, state, and local laws applicable to your activities. You will, at your own expense, file all reports and obtain any licenses that are required by law or regulation for you to perform your activities under this Agreement. You certify to us that you are legally authorized to work in the Territory.

5. Restrictions: Once you agree to the terms of this Agreement, you agree that you will not do any of the following without our written consent, and that it will be a material breach of this Agreement for you to:

    (a) make any representations or warranties on behalf of Express, other than the ones contained in the Express marketing and promotional information we give you;

    (b) resell our products, including, without limitation, to or through retail stores, other fixed commercial outlets, or any e-commerce outlets (by way of example, E-Bay, Amazon, Gilt Group, Etsy);

    (c) offer any promotional pricing or other incentives to purchase Express products, other than the ones offered or authorized by Express;

    (d) attempt to bypass your obligations under this Agreement and the Style Editor program by selling Express products in channels other than those set forth in this Agreement;

    (e) fail to follow any of our policies and procedures, including the Policies and Procedures;

    (f) disclose or convey any Express Personal Information to any third party or use Express Personal Information to send marketing materials unrelated to Express;

    (g) infringe any of our intellectual property, products, printed or Web-based photographs, marketing materials or forms, the Policies or Procedures, or our registered name, together with or in support of non-Express activities or to solicit, show, promote, market or sell any non-Express products or services without prior written permission from us; and

    (h) promote Express or our products through unsolicited emails or SPAM or otherwise violate any state or federal laws regulating electronic communications.

6. Ownership of Intellectual Property: As between you and us, we own all intellectual property rights in and to our products and materials, and all designs, data, information or other content in our products and materials (collectively the “Express IP”). You acknowledge that by agreeing to become an Express Style Editor, you will not own or acquire any interest or right of any nature to or in any intellectual property rights in our products or materials and that you will not use any of our designs, except as specifically authorized by us. You also agree that you will not at any time incorporate or permit to be incorporated any Express IP into any products or designs of yours or of any third-party or otherwise use the Express IP for the purposes of developing a competing product. During the term of this Agreement, you are hereby granted a limited, revocable, royalty-free, non-exclusive, non-transferable license to publish, use, reproduce, distribute, transmit, and display the Express IP designated for such usage for the sole purpose of promoting the Express products in accordance with the terms of this Agreement (the “License”). All goodwill generated from use of the Express IP will inure to the benefit of Express. We have the right to limit or restrict the License at our sole discretion or to otherwise provide you with guidelines regarding how you use the Express IP, in each case, as a supplement to any limitations or restrictions contained in the Policies and Procedures. Except as expressly set forth herein, nothing contained herein will be construed to convey to you any rights to use the Express IP, or any other copyrights, trademarks, trade dress, or other intellectual property owned, licensed or developed by Express. Upon the termination of this Agreement, the License will terminate immediately, and you will return or delete all Express IP to us in accordance with Section 15 below. We reserve all rights, title, and interest in and to the Express IP not otherwise expressly granted in connection with the License, and you agree that we shall own all rights, title and interest in and to any improvements, modifications, refinements, or enhancements to the Express IP, even if such changes result from input, feedback, requests, or ideas generated by you (it being understood that you hereby transfer and assign to Express all rights, title, and interest that you may have in and to such changes). 

7. Style Editor Content Grant: You hereby grant us a royalty-free, non-exclusive and worldwide license to publish, use, reproduce, distribute, transmit, display and make derivative works of any photographs, images, voice, name, personal information, website postings, social media content or data uploaded to the internet related to you, created by you or containing any form of likeness with you (collectively “Content”) in all forms and media including composite or modified representations for all purposes, in connection with our business (including, without limitation, for marketing and commercial purposes) throughout the world and in perpetuity. You acknowledge and understand that the term “Content” used herein includes Content that is in both physical and digital form and that such Content may be seen by members of the general public, in addition to those persons who regularly visit our website or social media sites. You further waive the right to inspect or approve any versions of any Content used at any time by us, including any words, descriptions, data or images that may accompany such Content. You understand and accept that you will not be compensated for the grant contained in this Section 7 or for any use of any Content by us and you hereby waive any rights you may at any time have to any such compensation. You may revoke the permission to use your Content by providing us with written notice consistent with Section 33; provided, however, that you accept and agree that (a) any such revocation will not apply to any Content placed on Express social media channels provided that the Content is not reposted or authorized for reposting after receipt of such revocation, (b) Express will endeavor to remove Content from non-social media channels within a reasonable amount of time not exceeding sixty (60) days after the receipt of such revocation, and (c) any such revocation will not apply to, or in any way alter, the perpetual worldwide license granted in this Section 7 with respect to any Content that does not personally identify you. You agree that you will not, at any time, create, distribute or otherwise make available any Content that directly or indirectly violates any rights of any third-party.

8. Personal Information: As part of the Style Editor program, Express may share information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonable be linked, directly or indirectly, with a particular customer (“Express Personal Information”). You agree that you will only use such Express Personal Information in connection with the Style Editor program and in accordance with the Policies and Procedures provided to you. Any personal information in your possession or control that was not provided to you by Express, including but not limited to names, email addresses, phone numbers, or social media usernames, are not considered Express Personal Information and are not subject to such usage limitations.

9. Returns: Commissions paid to you on products that are returned by a customer after the commission has been paid will be deducted from subsequent commission payments. We reserve the right to chargeback (debit)/claw back the amount of any commissions paid to you on products that are returned by a customer for credit. All payments will be paid pursuant to the Commission Plan, including any payment holds required for processing customer returns.

10. Orders: We reserve the right to discontinue any product at any time. Express shall not accept any order that is intended for and/or appears to be intended for reselling. Express reserves the right to refuse or cancel any order placed through your Style Editor account, including but not limited to bulk orders and/or orders that appear to be intended for reselling. Express may, in its sole discretion, limit or cancel orders or quantities purchased by or under the same customer account, same credit card and/or customer orders using the same billing and/or shipping address. 

11. Prices: We will set the retail prices for all of our products, and we may change retail prices at any time.

12. Advertising Compliance: In performing your obligations under this Agreement, you shall at all times adhere to all applicable federal, state, and local laws, rules and regulations relating to testimonial advertisements and endorsements, including but not limited to: (a) all Federal Trade Commission (“FTC”) laws and guidelines, including, but not limited to, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (i.e. including disclosure language such as #SPONSORED); (b) Express Style Editor Social Content Guidelines; and (c) any other endorsement, testimonial or social media policy or guidelines that Express may provide to you. You further agree that it will be a material breach of this Agreement if you do anything on the internet in violation of the Express Terms of Service and Privacy Policy.

13. Customer Disputes: You will not engage in any correspondence regarding a dispute with any of our customers. In the event you receive any complaints of any kind regarding Express or any of our products, you must promptly forward to us a complete copy of such correspondence, together with all contact information in your possession for such person, such that we may respond to such communications directly. 

14. Term and Termination of this Agreement: The term of this Agreement will begin upon our acceptance of this Agreement, and will continue until terminated as described in this Section 14. This Agreement may be terminated immediately: (a) by you for any reason upon written notice to us; or (b) by us (i) for any reason upon written notice to you, including but not limited to a breach of your obligations under Section 5 above;; or (ii) if you are in breach of any of your obligations and/or responsibilities described in this Agreement, the Procedures or the Policies. 

15. Events Upon Termination of this Agreement: Upon termination of this Agreement, you will: (i) immediately return or delete all Express IP and Confidential Information to us, and certify to such return in writing if requested by use; (ii) immediately stop representing yourself as an Express Style Editor; and (iii) immediately become ineligible to receive any compensation or benefits as a sales representative, except for amounts that you earned before the termination date. In the event Express terminates this Agreements under Section 14, Express reserves the right to communicate to customers and/or the public that Express has terminated its relationship with you and/or that you have been terminated from the Style Editor program. You further understand and agree that upon termination of the Agreement, you will immediately stop all use of the Express IP and Confidential Information and will stop promoting any of our products. The provisions of this Agreement which by their nature are intended to survive termination of the Agreement (including, without limitation, representations, warranties, indemnification, payment obligations, remedies, limitations of liability, choice of law, and arbitration) shall survive its termination.

16. Suspension: Express reserves the right to immediately suspend your Style Editor account in the event Express believes you have violated the terms of this Agreement. Express will notify you of any such suspension. In addition to the foregoing, Express may ask you to remove or modify any individual Post for violating the terms of this Agreement during such suspension; however, Express reserves the right to terminate this Agreement pursuant to Section 14 without first suspending your account or requesting modification to your Posts.

17. Confidential Information: Our “Confidential Information” means all of our information that we mark as confidential or that should reasonably be considered confidential based on the nature of the disclosure, and includes, without limitation, our training manuals, training videos, agreements, promotional plans, marketing campaigns, marketing programs, business forms, pricing or cost information, knowledge as to sources, information concerning our business, our manner of operation, our plans, processes or other data and especially any information regarding Express customers and sales representatives, including, names, addresses, credit histories and customer purchasing histories. You will keep all Confidential Information, as well as this Agreement and its terms and related materials, in strict confidence. You will not use Confidential Information except to perform your obligations under this Agreement, and you will not disclose Confidential Information in any manner to any third party or otherwise use any Confidential Information except as set forth in this Agreement, without our prior express written consent. You will not post any information about our stock price, including information that could appear to influence the trading price of the Company’s common stock or other securities. You will use the same degree of care in handling and safeguarding Confidential Information that you use in handling and safeguarding your own confidential information, and in any case, you will not use less than reasonable care. If you breach the provisions of this Section 17, we will be entitled to pursue any lawful remedies whether at law or equity including, but not limited to, enforcing this Agreement by injunction or specific performance, without bond and without prejudice to any other rights and remedies that we may have.

18. Security: You agree to take all appropriate measures to protect the security of all: (a) Confidential Information, (b) Express Personal Information and (c) log-in credentials connected with the Style Editor program (e.g., username and password). In the event of a breach of security of any of these categories of information, you must promptly contact us in accordance with the notice provisions of Section 33.

19. Non-Solicitation: You agree that during the term of this Agreement and for a period of twelve (12) months following termination, you will not, for yourself or on behalf of any other party, solicit, recruit or hire any of our employees or Style Editors who is either under contract with us or who has been under contract with us in the six (6) months prior.

20. Non-Disparagement: You agree that during the term of this Agreement and for a period of twelve (12) months following termination, you will not make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage, or in any way criticize our business reputation, practices, image or conduct, our employees, representatives, any of our business partners, or any of our products or brands that we sell or have offered for sale. You acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, representatives, and clients.

21. Disclaimer: EXPRESS DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY PROMISES OR REPRESENTATIONS THAT YOU MAY EARN ANY AMOUNT PURSUANT TO THIS AGREEMENT. IN NO EVENT SHALL EXPRESS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFIT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED THE OBLIGATIONS DESCRIBED IN THIS AGREEMENT, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABLITY FOR PERSONAL INJURY, OR OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EXPRESS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY), EXCEED AN AMOUNT EQUAL TO THE TOTAL PAYMENTS DUE TO YOU UNDER THIS AGREEMENT FOR THE PRIOR SIX (6) MONTHS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

22. Limitation on Claims: You agree that any claim or lawsuit filed by you relating to this Agreement or services as a Style Editor must be filed within six (6) months of the conduct or event giving rise to the claim or lawsuit. You waive any statutes of limitations providing for a longer period to bring a claim or lawsuit. You further waive any claims that you may at any time have with respect to any use of any Content, including any claims for compensation related thereto.

23. Indemnity and Release: You will indemnify and hold us, our licensors and subsidiaries, affiliates, officers, directors, employees, attorneys, representatives and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) (i) arising out of any breach or violation by you of the terms of this Agreement or (ii) in connection with any third-party claim arising from your acts or omissions or any violation by you of this Agreement. Additionally, you acknowledge that we will not be responsible for any unauthorized third party reproduction of any Content you create in connection with this Agreement, including by, but not limited to, blogs, social media, fashion news, fan pages, or other internet sites. You hereby release us, our licensors and subsidiaries, affiliates, officers, directors, employees, attorneys, representatives and agents from any claims that may arise regarding the use of your Content by us or any others, including any claims of defamation, invasion of right to privacy, infringement of moral rights, rights of publicity or personality, or copyrights. 

24. Remedies: In the event of any breach, violation, or evasion of this Agreement by you, you agree to pay all our costs to enforce or protect our rights, including all reasonable attorney fees and court costs. We will have the right, in our sole discretion, to offset from any payments we may owe you any amounts you may owe to Express under this Section 24, under Section 23, or otherwise under this Agreement.

25. No Waiver: Failure by you or us to insist upon or enforce any of our rights will not be considered a waiver of those rights.

26. Ohio Law: This Agreement will be governed, construed and enforced under the laws of the State of Ohio, without giving effect to conflicts of laws principles.

27. Force Majeure: Neither party will be liable for any delay or failure of performance to the extent due to causes beyond its reasonable control, including, without limitation, fires, civil disobedience, riots, embargoes, explosions, rebellions, strikes, work stoppages, acts of God, epidemics, pandemic or acts of any governmental authority, failures of the Internet or third party networks, or any other similar occurrence.

28. Entire Agreement: The terms and conditions of this Agreement, together with the Policies and Procedures, represent the entire agreement between us and will supersede any other representations, discussions, prior understandings or agreements between us. No oral modification will be binding upon us, and except as otherwise expressly provided in this Agreement, any modification must be in writing and signed by both of us.

29. Severability: If any item of this Agreement is determined to be invalid or unenforceable, the remaining provisions will be unaffected.

30. Conflict: In the event of any conflict between a provision of this Agreement and the Policies or Procedures, the provision of the Policies or Procedures most recent in time will govern. You represent and warrant that your execution of this Agreement will not in any way violate any third-party agreement to which you are a party or otherwise breach or conflict with any obligation that you have with, or duty that you owe to, any third-party.

31. Assignment: You may not assign any of your rights or obligations under this Agreement to any third party, and any attempt to make such assignment will be void. 

32. Dispute Resolution and Class Action Waiver: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate and/or any claims that are the subject of a purported class action litigation, shall be determined by arbitration in before one arbitrator. You agree that any dispute shall be resolved through individual binding arbitration, and not through litigation, unless such dispute falls within the jurisdictional scope and amount of an appropriate small claims court and either party elects to resolve the dispute on an individual basis in small claims court. The arbitration shall be administered by the American Arbitration Agreement (AAA) pursuant to its Consumer Arbitration Rules or Commercial Arbitration Rules. For a copy of the AAA Rules, to file a claim or for other information, contact AAA (adr.org or 1-800-778-7879). If there is an in-person arbitration hearing, it shall take place in the federal judicial district that is closest to your residence Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party shall recover actual attorneys’ fees and costs. BOTH YOU AND WE ARE GIVING UP ANY RIGHT YOU AND WE MAY HAVE HAD TO A JURY TRIAL, AND ALL OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT THAT ARE NOT AVAILABLE IN ARBITRATION.

This Dispute Resolution provision shall survive termination of this Agreement and any bankruptcy by you or us. If any portion of this provision is deemed invalid and unenforceable, it shall not invalidate the remaining portions of the provision. If a court determines that the entirety of this Dispute Resolution provision is invalid or unenforceable, the remainder of the Agreement shall still apply. Any amendments to this provision will be prospective only and will not affect any pending dispute or arbitration proceeding that you have already provided notice of to us.

33. Notice and Electronic Communications: All notices, requests, claims, demands and other communications from you to Express in connection with this Agreement or otherwise relating in any way to your service as a Style Editor shall be in writing, signed by you or an authorized representative and sent to Express, Attn: Legal, 1 Express Drive, Columbus, OH 43230. With respect to any notices, requests, claims, demands and other communications from us, you acknowledge that sending written notice may be impractical and you therefore agree that Express may communicate with you by delivery in person, by courier service, by mail, by facsimile, by electronic mail, by phone, by text message or by our website, in each case, at the sole discretion of Express to the address or contact information that we have for you in our records. You hereby acknowledge and agree that our posting any notice or information to our website shall constitute notice and delivery for so long as you reasonably have the ability to access our website. You further agree to provide Express with your full and correct contact information upon execution of this Agreement and to update Express in writing should any such contact information change. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice as of the date of such rejection, refusal or inability to deliver. By selecting the “I Accept” button, you agree that your electronic signature is the legal equivalent of your manual signature on this Agreement and that you have accessed, reviewed and accepted the terms of the consent and notice regarding electronic communications that is available on our website. You also agree that no certification authority or other third-party verification is necessary to validate your e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the terms of this Agreement. If Express chooses to communicate with you via our website, via your mobile phone, via e-mail or via other electronic means, you acknowledge and agree that you will be solely responsible for any fees that your provider or any third-party charges for SMS, data services, etc. If you do not consent or at any time withdraw your consent to receive electronic communications from us, we reserve the right to terminate this Agreement.