TERMS & CONDITIONS
Welcome to the Express website: www.express.com (the “Website”). Please review the following terms and conditions before using the Website.
The Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Express as a service to its current and prospective customers and visitors to the Website and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without our express prior written permission; and (b) you may not access or use the Website for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Express may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Express.
This Website may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Express. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Express.
Express has a no-tolerance policy regarding the use of our trademarks and trade dress in metatags and/or hidden text. Specifically, the use of our Trademarks and Trade Dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our Trademarks and Trade Dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on the Website is prohibited without our express written permission. Framing, inline linking or other association of the Website or its materials with links, advertisements and/or other information not originating from the Website is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
You may choose to register with us through the Website and create an account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
The Website 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 Website.
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. Under the license granted herein, Express shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Express does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. Express reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms & Conditions, including without limitation, the Prohibited Uses of Website and 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 Website or otherwise by Express, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Express to utilize the User Submission(s) without compensation or objection. For clarity, Express obtains the license above, but does not claim ownership of your User Submissions.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Express, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
You shall not circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that enforce limitations on the use of promo codes, the Website or Website Content. You shall not circumvent, disable or otherwise interfere with security-related features of the Website that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Websites or impair, overburden, or disable the same.
Notice of Copyright Infringement:
Express does not permit copyright infringing activities on the Website, and Express may remove any Materials if properly informed that any such Materials infringe on another's copyright rights. Express will terminate a user's ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Express by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Express to locate the same;
- Information reasonably sufficient to permit Express to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows: Director of Legal, Express, LLC, 1 Express Drive, Columbus, Ohio 43230
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Products and Orders:
All features, specifications, products and prices of products and services described on the Website are subject to change at any time without notice. From time to time there may be information on the Website 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 Website. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Website 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 Website; 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 Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Periodically, links may be established from this Website to one or more external Websites or resources operated by unrelated third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Website. These links should not necessarily be deemed to imply that Express endorses the Third Party Sites or any content therein.
Express does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Express will have no liability arising out of or related to such Websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL EXPRESS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF EXPRESS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
No implication is made that the materials published on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Express controls this Website from its offices within the State of Ohio. The terms and conditions of the Website shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.
Express may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, 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 Website after any changes to these terms are posted will be considered acceptance of those changes.