EFFECTIVE April 16, 2021
These Terms and Conditions (“Terms”) govern your use of the websites and mobile applications on which they appear, including express.com and the Express mobile application (collectively, the “Site”). These Terms also govern any account you may have on express.com (“Site Account”).
These Terms also govern your creation of an account and participation in the Express Insider Program (the “Program”). (We refer to any accounts opened for the Program as “Program Accounts,” and we refer to the Site and the Program together as our “Services” in these Terms. We refer to Site Accounts and Program Accounts together in these Terms as “Accounts.”) The Program allows eligible participants to earn points for dollars spent at Express or in other ways designated by us (“Points”). By collecting Points, you can earn certain rewards (“Express Cash”), which may be redeemed towards Express merchandise in-store or online. Express Cash and Points may vary based on a variety of factors in our sole discretion, including the date or time of purchase, geographic location, and whether we are running a trial or test program to evaluate changes to the Program. To see ways to earn Points, as well as Express Cash and other benefits offered in connection with the Program, visit www.express.com/insider.
The Services are made available to you by Express, LLC (“Express,” “we,” or “us”). Please review these Terms before using the Services, including making purchases, creating an Account, using the Site, or participating in the Program. These Terms, which may be modified from time to time, apply to all visitors to, or users of, the Services, including without limitation all participants in the Program.
ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES INDICATES YOUR AGREEMENT TO THESE TERMS INCLUDING A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. THIS SERVICES ARE INTENDED FOR USE AND PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY US LAW. IF YOU DO NOT AGREE TO THESE TERMS AND/OR ARE NOT LOCATED IN THE UNITED STATES, DO NOT USE THE SERVICES.
From time to time we may update the Services and these Terms. For example, we reserve the right to add, withdraw, or otherwise change the ways in which you can earn Points at our sole discretion, with or without notice to you. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Express may, in its sole discretion, and at any time, discontinue the Services or any part thereof (including, without limitation the Program), with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that Express will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity.
Unless otherwise indicated, the Services and any materials or contents thereof (including without limitation, all text, photographs, artwork, images, video and audio; all materials provided in connection with or related to the Program; and all software, HTML code, and scripts) (collectively, “Materials”) are the exclusive property of Express, and are protected by copyright, trademark, trade dress and other laws, as well as 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 Services 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 the Services or any of our Materials without our express prior written permission; and (b) you may not access or use the Services 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.
Express retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Express and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms or by your use of the Services. Your misuse of the trademarks displayed on the Services is strictly prohibited. The Services 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 meta tags 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 Services is prohibited without our express written permission. Framing, inline linking or other association of the Services or its Materials with links, advertisements and/or other information not originating from the Services 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.
EXPRESS INSIDER PROGRAM:
Eligibility: The Program is open only to legal residents of the United States who are 16 years of age or older . You must obtain permission from your parent or legal guardian to participate in the Program if you are a minor in your state or territory of residence (16-19 in AL and NE; 16-21 in Puerto Rico; 16-18 in all other states). A parent or legal guardian must submit an application on behalf of any minor (between the ages of 16 and 21) who is a resident of Puerto Rico. Commercial customers and individuals purchasing items for resale are not eligible to participate. Express reserves the right to approve, deny, or revoke membership in the Program for any individual for any reason or no reason. The Program is void where prohibited, and is subject to all applicable federal, state, and local U.S. laws.
Program Period: The Program begins upon launch of the Services and may be terminated in accordance with the Terms set forth herein (“Program Period”).
How to Create a Program Account: Complete one of the following steps during the Program Period to enroll in the Program and create Program Account:
• In-store: Visit an Express store or an Express Factory Outlet store within the 50 United States, D.C., or Puerto Rico (the “Program Area”) and provide your phone number and a unique email address.
• Online: Visit www.express.com/insider (also a “Site”) and submit all required Member profile information.
• Express Credit Card: If you open an Express Credit Card account, and you are the primary account holder (i.e., not an authorized user) you will be automatically enrolled in the Program and will start earning Points, provided you submitted your email address to us with your application. If you do not submit your email address with your application, you will be pre-enrolled in the Program. However, to receive any Program benefits, you must complete your Member profile information online at www.express.com/insider
Upon successful enrollment and creation of a Program Account, you will receive a Loyalty Member ID. You may also obtain an Express Member Card. LIMIT ONE (1) PROGRAM ACCOUNT PER PERSON/EMAIL ADDRESS. BY ENROLLING IN THE PROGRAM AND CREATING A PROGRAM ACCOUNT, YOU EXPRESSLY AGREE TO THESE TERMS. By enrolling in the Program, you also expressly agree to receive email communications from Express. Participants cannot unsubscribe from transactional email communications regarding the Program. If you unsubscribe from Express marketing emails, we will still email you about the Program, your Program Account, and your Express Cash.
Only the individual named as the primary account holder for the Program Account will accrue Points and will be entitled to access Program Account information. Points may not be combined from different Program Accounts for any purpose. Anyone found attempting to use multiple/different identities, email addresses, IP addresses, account details, registrations, or logins, or otherwise attempting to obtain more than one (1) Program Account per person/email address/IP address may be ineligible for the Program; his/her Program Account(s) may be cancelled; and all corresponding Points may be void, in Express’s sole and reasonable discretion. In the event of a dispute over ownership of a Program Account, the Program Account will belong to the authorized account holder of the email address submitted at the time of enrollment. For purposes of the Program, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the associated domain.
As part of creating a Program Account, you will be required to create a complex password. Password requirements and tips for creating a secure password will be provided to you at the time you create your Program Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Program Account and your computer; you may not email, post, or otherwise disseminate any username or password that provides you with access to the Program or our other Services. You are responsible for all activities that occur under your Program Account. Online account takeovers are a growing problem, as malicious actors are using usernames 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 Program and these Services, and is not used elsewhere. You agree to notify us immediately of any breach of security or unauthorized use of your password or Program Account. You further agree that you will not impersonate a third party in your communications with us, and that you will only submit information about yourself. You must maintain accurate and updated personal information as part of your Program Account profile. You can update your Program Account profile by logging into your Program Account on our Site or by calling Express at 1-888-397-1980. Express is not responsible for any change of email address, phone number, or any other contact information of participants. All decisions made by Express concerning Program Accounts are final and conclusive.
How to Earn Points: Once you have enrolled and created a Program Account, you can begin earning Points through various predetermined methods, activities, and tasks as outlined at www.express.com/insider, the terms of which are incorporated into these Terms by reference. For example:
• Earn Points In-store: Visit an Express store or an Express Factory Outlet store within the Program Area, and provide your Program Account information when making a purchase of regular priced merchandise, sale priced merchandise, or a gift card (“Qualifying Purchase”) to earn Points. You may be required to provide your Loyalty Member ID, Member Card, email address, phone number, or Express Credit Card to earn Points or receive additional information about your Program Account.
• Earn Points Online: Visit our Site, log into your Program Account, and make a Qualifying Purchase online to earn Points.
• Qualifying Purchase Restrictions: Points may be earned on Qualifying Purchase amounts per dollar spent as described in more detail at www.express.com/insider. Qualifying Purchases in-store and online may be made with merchandise credits issued in the form of a certificate or a gift certificate. Points are not earned on the amount of any purchase covered by an Express Cash Certificate or a Program Coupon (each as defined below), purchases of gift boxes and gift wrapping services, donations, redemption of gift cards, sales tax, state fees, shipping charges, delivery charges, or other excluded charges as specified by Express from time to time. If you do not provide your Program Account information when completing your Qualifying Purchase, you may request that a corresponding number of Points be credited to your Program Account within thirty (30) days by calling 1-888-397-1980. You must have a Qualifying Purchase receipt and be able to provide the transaction number located at the bottom of your receipt to receive Points.
Express Marketplace purchases and Style Trial transactions are not eligible for all Express Insider program benefits, including but not limited to points and Express Cash (for Style Trial), redemption and free shipping. Loyalty customers will earn Express Insider points and Express Cash based on Express Marketplace purchases; however, Express Insider earned Express Cash cannot be redeemed on Express Marketplace purchases and may be subject to other restrictions. The Express Credit Card may not be used for any EXPRESS Style Trial transactions, but certain rewards can be earned on Style Trial transactions. Exclusions and restrictions apply.
For a current list of other ways in which you can earn Points, including any additional terms applicable to particular Point-earning methods, visit www.express.com/insider. Log into your Program Account to view information about your Points earned as part of the Program, as well as other information specific to you. Express will attempt to credit your Program Account with Points on a timely basis. Points will not be awarded for purchases that are not Qualifying Purchases, where Points have already been awarded, or where merchandise is returned. However, you are responsible for ensuring that your Points are properly credited. IF YOU RETURN MERCHANDISE, THE POINTS EARNED FROM THAT QUALIFYING PURCHASE WILL BE DEDUCTED FROM YOUR CURRENT POINT TOTAL, EVEN IF THIS CAUSES YOUR PROGRAM ACCOUNT TO HAVE A NEGATIVE POINT BALANCE. Express will not adjust the number of Points in your Program Account after thirty (30) days from: (i) the date (as stated on the receipt) of a Qualifying Purchase made in store; (ii) the date of shipment for a Qualifying Purchase made online; or (iii) the date of any other engagement with Express. Express assumes no liability for discrepancies, omissions, inconsistencies, or errors in the amount of Points accrued to a Program Account as reported via the Services. Express reserves the right to make corrections and/or invalidate Points from a Program Account if we determine that Points were improperly credited to your Program Account or were obtained fraudulently. Without limiting any other remedies, Express may suspend or terminate any Program Account and invalidate any associated Points/Express Cash if Express suspects in its sole discretion that you or any other person has engaged in fraudulent activity in connection with your Program Account and/or this Program, including without limitation in the event Points were improperly credited to a Program Account or obtained fraudulently.
POINTS DO NOT CONSTITUTE PROPERTY, DO NOT ENTITLE YOU TO A VESTED RIGHT OR INTEREST, AND HAVE NO CASH VALUE. As such, Points are not redeemable for cash, transferable or assignable for any reason. POINTS WILL EXPIRE TWELVE (12) MONTHS FROM THE DATE ON WHICH THEY ARE EARNED. For example, if you earned a Point on October 1, 2015, that Point will expire and be deducted from your Program Account on October 1, 2016, unless used towards Express Cash before that date. Any unused Points remaining in a Program Account after the end of the Program Period shall also be void.
How to Redeem Points: Once you have earned Points, you may be able to redeem Points for Express Cash and benefits as described at www.express.com/insider. For example, you may be able to redeem Points for an Express Cash certificate (“Express Cash Certificate”) or program coupon (“Program Coupon”) once you reach a specified Point threshold. Points are tallied approximately every thirty (30) days to determine whether you have reached a Point threshold.
• Express Cash Certificate Restrictions: Once an Express Cash Certificate is issued, it may only be redeemed at an Express store within the Program Area (you will be required to provide your Program Account information) or on the Site (if you log into your Program Account) prior to checkout. Express Cash Certificates may be redeemed with other Express coupons, certificates, or offers. Once issued, the Points used to obtain an Express Cash Certificate will be deducted from your Program Account, but these Points will continue to be counted towards earning A-List Status. For details on A-List Status, visit www.express.com/insider. Express Cash Certificates have no cash value and are not redeemable for cash. Each Express Cash Certificate may only be used once. No change or monetary currency will be given for Express Cash Certificate redemption. If the price of your purchase is greater than the amount of the Express Cash Certificate, you will need to pay for the remaining cost of the product. If the price of your purchase is less than the amount of the Express Cash Certificate, the unused portion of the Express Cash Certificate will be forfeited.
General Program Restrictions and Limitations: We will not return or reissue Express Cash Certificates, Program Coupons, or Points used if you return the products purchased. Express Cash Certificates, Program Coupons, and Points may only be used once and have no cash value. If you use an Express Cash Certificate or Program Coupon to purchase an item though the Style Finder Program (locating the item at another Express location), and the item is not found and shipped to you, you will lose the value of the Express Cash Certificate or Program Coupon, and Points will not be re-credited to your Program Account to compensate you for the loss of the Express Cash Certificate or Program Coupon. Unless otherwise stated on the Express Cash Certificate or Program Coupon, each Express Cash Certificate or Program Coupon will expire at 11:59:59 p.m. Eastern Time on the date reflected on the Express Cash Certificate or Program Coupon; however, Express Cash Certificates or Program Coupons earned as a result of meeting Point thresholds will not expire less than sixty (60) days from the date of issuance, rather than the date the Express Cash Certificate or Program Coupon was received by you. Redemption periods for Express Cash Certificates or Program Coupons issued as a result of bonus or Featured Bonus activities provided by Express (e.g., non-earned activities such as updating profile, signing up for SMS program, style quizzes) may be subject to shorter redemption periods and such redemption periods shall be reflected on the Express Cash Certificate or Program Coupon. No photocopies or facsimiles of Express Cash Certificates or Program Coupons will be accepted. Lost, stolen, or expired Express Cash Certificates or Program Coupons will not be replaced. Any gift cards, coupons, and vouchers issued as Express Cash are subject to the terms and conditions set by the issuer and/or set forth thereon. Express Cash (including without limitation Express Cash Certificates and Program Coupons) are not redeemable for cash, transferable or assignable for any reason, including to a participant’s estate or to any successors or assigns. All costs and expenses associated with the acceptance and use of Points and/or any Express Cash not included in the Express Cash description as being provided (including, but not limited to, all federal, state, and local taxes) will be the sole responsibility of the Express Cash recipients. Any approximate retail value (“ARV”) of any Express Cash is based on available information provided to Express and the value of any Express Cash awarded to a recipient may be required to be reported for tax purposes where required by law. Express, its parent and subsidiaries and affiliated entities, and each of their respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose with respect to the Program, participation in the Program, or any Points or Express Cash related to the Program.
The sale, barter, transfer or assignment of any accumulated Points or Express Cash (including on Internet auction sites), other than by Express is strictly prohibited. Points and Express Cash may not be given away. Points are null and void and Express Cash requests will be rejected if Points are not obtained through authorized, legitimate channels. Any Points or Express Cash which Express deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of these Terms may be confiscated and/or cancelled.
Points, and Express Cash will be void if they fail to pass anti-fraud detection measures, if they are found to be unauthorized, illegitimately obtained, or if they contain an unauthorized message, code or other marking not issued by Express for use in this Program, or if they are defective, produced in error, illegible, or unreadable. Points and Express Cash are null and void and will be rejected/removed from the participant’s Program Account if not obtained through authorized, legitimate channels. No Express Cash will be valid if such Express Cash is associated with any user, actions, and/or Points deemed void for any reason, including without limitation, if Points/Express Cash are: (a) not verified or recognized as being validly issued by Express in the Program; (b) determined to have been previously entered and used; (c) incorrectly or incompletely entered or submitted; (d) obtained in a manner deemed by Express to be fraudulent or otherwise invalid; or (e) otherwise void. Each participant acknowledges and agrees that the decisions of Express as to Points and Express Cash, Program Account balances, and Point transactions shall be final, binding and conclusive in all matters relating to the Program, including without limitation determinations regarding the validity of receipt of Points, Express Cash, and other materials submitted for verification (if any).
Conduct of Participants: Express reserves the right at its sole discretion to disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Program Account registered by such person (and void any associated Points/Express Cash) if Express deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms; (b) damaging, tampering with or corrupting the operation of the Program; (c) acting with intent to annoy, harass or abuse any other person; (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Services; or (e) repeated attempts to participate, open Program Accounts, and/or enter/receive repetitive, void, additional, or otherwise invalid or fraudulent Points/Express Cash in one or more Program Accounts, as determined by Express; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity such as creating multiple membership accounts, making excessive returns or otherwise manipulating the Program; or (g) activity deemed in the sole discretion of Express to be generally inconsistent with the intended operation of the Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, EXPRESS RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
Program Modification/Termination: Express reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined in these Terms, even though such changes may prospectively affect the Program or the availability of Express Cash. Express reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transactions therefrom or to make Points selectively available to certain participants based upon factors, including geographic location, in its sole discretion. Additionally, participation in the Program is offered at the discretion of Express and it reserves the right to modify these Terms, Point availability, benefits, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Program, prospectively, in whole or part, at any time, with or without notice. If for any reason Express determines in its sole discretion that the Program or any aspect of the Program is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Program), Express, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part, including without limitation, any means of earning Points, at any time. In the event Express so cancels or terminates the Program, all unredeemed Points outstanding at the time of such cancellation or termination shall be void. You may cancel your participation in the Program and close your Program Account by calling 1-888-397-1980. If you cancel your participation in your Program, you will no longer earn Points, your Program Account will be deactivated, and all remaining and unused Points and Express Cash will be forfeited.
Express reserves the right, for any reason and without prior notice, to limit quantities of items on orders placed by the same individual or account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. Express further reserves the right to refuse or limit any orders or returns, including any orders or returns that, in Express’s sole judgment, appear to be placed by resellers or appear to be for the purposes of reselling and related activities. Resellers are defined as a company or an individual that purchases items with the intention of selling them rather than using them.
The Services 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 Services. Express reserves the right to waive any requirements with respect to User Submissions set forth herein in its reasonable discretion.
By submitting User Submissions, you hereby grant to Express an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. This license includes the right to host, index, cache, distribute, and tag any User Submissions, as well as the right to sublicense User Submissions to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. Under the license granted herein, Express shall be free to use or disclose any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. You acknowledge that, by acceptance of a User Submission, Express does not waive any rights to use similar or related ideas previously known to Express, or developed by its employees, or obtained from sources other than you. Express does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. USER SUBMISSIONS POSTED TO THE SERVICES ARE NOT EDITED BY EXPRESS AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL USER. USER SUBMISSIONS DO NOT REFLECT THE VIEWS OF EXPRESS IN ANY MANNER. Express reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms, including without limitation, the Prohibited Uses (as defined below) of Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
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 Services 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 THE 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 Services and/or our related services and products (“Prohibited Uses”). Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
You shall not circumvent, disable or otherwise interfere with security-related features of the Services, including, without limitation, any features that enforce limitations on the use of promo codes, the Services or Materials. You shall not circumvent, disable or otherwise interfere with security-related features of the Services that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Services or impair, overburden, or disable the same.
You understand and agree that you have no ownership rights to any Account you may have with us, or other access to the Services or features therein. Express may cancel your Account(s) and delete all User Submissions associated with your Account(s) at any time, and without notice, including without limitation if Express deems that you have violated these Terms, the law, or for any other reason. Express assumes no liability for any information removed from our Services, and reserves the right to permanently restrict access to the Services or an Account. You agree that Express shall not be liable to you or any third party for any termination or suspension of your Account(s) or for blocking your access to the Services.
NOTICE OF COPYRIGHT INFRINGEMENT:
Express does not permit copyright infringing activities on the Services, and Express may remove any User Submissions or Materials if properly informed that any such User Submissions or Materials infringe on another’s copyright. 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 Services are subject to change at any time without notice. From time to time there may be information on the Services 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 Services. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Services 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 Services; 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 Services 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. ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
For information regarding our Returns Policy, please visit: http://www.express.com/g/returns-policy
STATE AND LOCAL SALES TAXES:
In accordance with applicable state and local laws, sales tax will be applied to your express.com order in accordance with state and local laws. Express does not retain the sales tax collected from its customers and we remit all taxes collected directly to the appropriate taxing jurisdiction. The tax rate is determined by several factors including but not limited to the items purchased, the ship-to destination and the ship-from location. The tax amount that appears in your online shopping cart/order confirmation is estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped so the tax amount may change between the time your order is placed and when it ships. This could result in a sales tax charge that differs from the original estimated tax at order. The terms contained herein are subject to change as the taxation of online transactions is continually evolving. Express strives to comply with state and local tax laws as they exist currently and continues to monitor and update its taxation policies as those laws change.
USE OF ACCOUNTS AND CREDIT CARDS:
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all. If you create any Account on the Site or otherwise submit information to us, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid email address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and Account(s). Additionally, you are entirely responsible for any and all activities that occur under your Account(s). You agree to notify Express immediately of any unauthorized use of any of your Accounts. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Express is not liable for any loss that you may incur as a result of someone else using your password or Account(s), either with or without your knowledge, and is not responsible for any delay in shutting down your Account(s) after you have reported a breach of security to us.
If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. YOU UNDERSTAND AND AGREE THAT YOU ARE CHARGED AT THE TIME YOU PLACE YOUR ORDER FOR PRODUCTS OR SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT THE TRANSACTION FOR THE PURCHASE OF PRODUCTS OR SERVICES IS FINAL AND COMPLETE AT THE TIME YOU ARE CHARGED. You agree to pay all charges incurred by you, on your behalf, or by your Account(s) through the Services, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
Periodically, links may be established from this Services to one or more external sites, services, platforms, or resources operated by unrelated third parties (the “Third Party Services”). These links are provided for your convenience only. In addition, certain Third Party Services also may provide links to the Services. These links should not necessarily be deemed to imply that Express endorses the Third Party Services or any content therein.
Express does not control and is not responsible or liable for any Third Party Services or any content, advertising, products, or other materials on or available from such Third Party Services. Access to any Third Party Services is at your own risk and Express will have no liability arising out of or related to such Third Party Services 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 Services.
USERS OF MOBILE APP SERVICES:
The use of the mobile app version of the Services requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Services, including without limitation, administrative messages, service announcements, diagnostic data reports, and Service updates, from Express, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Services, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Services.
Express may, at its discretion, automatically download Service updates to your device from time to time. You agree to accept these Service updates, and to pay for any costs associated with receiving them. The Services may not work with all devices or all mobile carriers. Express makes no representations that the Services will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Services, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some Services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such Services.
If you download and use our mobile app Services for the iPhone or iPad: You, the end-user of this Service, acknowledge that these Terms are entered into by and between Express and its subsidiaries and affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Services and/or the Materials. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Services. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Services are considered the “Licensed Application” as defined in the LAEULA and Express is considered the “Application Provider” as defined in the LAEULA. If any of the Terms herein conflict with the terms of the LAEULA, these Terms shall control. In the event of any failure of the Services to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Services (including, without limitation, a third party claim that the Services infringe that third party's intellectual property rights) or your use or possession of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
DREAM BIG PROJECT DONATIONS:
All donations to Express Dream Big Project fund (“Donations”) will be given to 501(c)(3) charities. You may be entitled to a tax deduction for your donation. Please consult your tax advisor. All Donations are FINAL and are not eligible for returns or exchanges. Donations not subject to tax. Donations not eligible toward certain promotions and offers, including Insider Express Cash and points, minimum purchase requirements and/or shipping offers. Other restrictions and exclusions may apply. The Small Business Relief fund is a project of GoFundMe.org, a 501(c)(3) nonprofit classified as a public charity.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES, OR ANY INFORMATION OR SOFTWARE THEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EXPRESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING WITHOUT LIMITATION THE SITE OR THE PROGRAM), NOR SHALL EXPRESS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND EXPRESS’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES’ RECORDS, SITES, OR PROGRAMS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL EXPRESS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF EXPRESS’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
DISPUTES WITH EXPRESS AND AGREEMENT TO ARBITRATE:
There might be instances when you have an issue or dispute with Express. In those instances, Express is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any issue or dispute that you may have with Express, you acknowledge and agree that you will first give Express an opportunity to resolve it before initiating any formal dispute resolution proceeding. This includes you first sending a written description of your issue or dispute to the following address: email@example.com.
You then agree to negotiate with Express in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Express’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding. The relevant limitations period and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
ANY DISPUTE INVOLVING YOU AND US, INCLUDING ANY OF OUR, AFFILIATES, AGENTS, OR VENDORS, THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION OR A SMALL CLAIMS COURT PROCEEDING.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way to (1) your relationship with us whether based in contract, tort, statute, regulations, or any other legal theory; (2) the Program, Services, or Terms; and/or (3) any products or services offered, sold, or distributed by us including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall also include all disputes that arose before your enrollment in the Program and after the cancellation or termination of the Program, including any claims that are the subject of a purported class action litigation.
Arbitration Provision: You each agree that any Dispute shall be resolved by 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 arbitrator's authority to resolve claims and make awards is limited to claims between you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. The arbitrator may not preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. This waiver of class actions and collective relief is an essential part of this arbitration agreement and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Express is entitled to arbitration of such claim or dispute. Notwithstanding the foregoing, if a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be severed and stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. 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 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, this 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, including any minor children upon whose behalf you may bring a claim. This Arbitration Provision also applies to claims of every kind and nature, including but not limited to counterclaims, cross-claims 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.
Notwithstanding anything in this Arbitration Provision to the contrary, we may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
You or we may commence an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by this Arbitration Provision, and will be administered by the AAA. For a copy of the AAA Rules, to file a claim or for other information, contact AAA (adr.org or 1-800-778-7879). In addition to 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 these Terms, these Terms 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.
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. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules; however, we will reimburse those fees (but not an attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. 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 AAA Rules.
This Arbitration Provision shall survive termination of these Terms and/or the Services or your use of the Services or participation in the Program and any bankruptcy by you or us. Except as set forth above, if any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision If a court decides that the entirety of this Arbitration Provision is invalid or unenforceable, the remainder of the Terms shall still apply.
Any amendments to this Arbitration Provision will be prospective only and will not affect any pending dispute or arbitration proceeding that you have already provided notice of to Express.
Express may terminate, change, suspend or discontinue any aspect of these Services, including the availability of any features of the Services, 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 Services after any changes to these Terms are posted will be considered acceptance of those changes.
These Terms and the Services are governed by U.S. and Ohio law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you and Express in connection with the Services, shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the federal, state and local courts located in Columbus, Ohio.
You agree that these Terms are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. All rights not expressly granted herein are reserved. Both you and Express acknowledge and agree that no partnership is formed and neither of you nor Express has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and Express, and are accepted by you upon your use of the Service. These Terms constitute the entire agreement between you and Express regarding the use of the Services. By using the Services you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.