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50% Off All Women’s Styles | 40% Off All Men’s Styles | Plus, Style
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 1. Women
     1. Clothing
        1.  Tops
        2.  Sweaters
        3.  Dresses
        4.  Jumpsuits & Rompers
        5.  Matching Sets
        6.  Jeans
        7.  Pants
        8.  Jackets & Coats
        9.  Blazers & Suit Jackets
        10. Skirts
        11. Suits
        12. Icons: Editor Collection
        13. Icons: Body Contour
        14. Sleepwear
    
     1. New & Now
        1. New Arrivals
        2. December Drop
        3. Holiday Outfit Inspo
        4. Sparkle & Shine Edit
        5. Very Merry Velvet
     2. TOP SHOP
        1. All Tops
        2. Icons: Portofino Shirts
        3. Icons: Body Contour Tops
        4. Sweaters
        5. Statement Tops
        6. Shirts & Blouses
    
     1. Holiday Dress Shop
        1. All Dresses
        2. New Year's Eve Dresses
        3. Party & Cocktail Dresses
        4. Black Dresses
        5. Sweater Dresses
     2. Accessories & Shoes
        1. All Accessories
        2. Shoes
        3. Jewelry
        4. Bras & Panties
        5. Winter Accessories
    
     1. Labels We Love
        1. New Arrivals
        2. Pre-Owned Luxury
        3. Designer Shop
        4. Activewear
        5. Maternity
        6. Brand Directory
     2. Styling Community
        1. Styling Tips & Tricks
        2. Styling Community Inspo
        3. Become A Style Editor
        4. Shop the Feed
        5. #ExpressYou
        6. Livestream Shopping

 2. Men
     1. Clothing
        1.  Full Suits
        2.  Suit Jackets & Blazers
        3.  Jackets & Coats
        4.  Sweaters
        5.  Tops
        6.  Button Down Shirts
        7.  Sweatshirts & Hoodies
        8.  Polos
        9.  T-Shirts
        10. Jeans
        11. Pants
        12. Chinos & Joggers
        13. Mix & Match Sets
    
     1. New & Now
        1. New Arrivals
        2. December Drop
        3. Holiday Outfit Inspo
        4. Topcoats
     2. Suit Shop
        1. Full Suits
        2. Tuxedo Shop
        3. Suit Jackets & Blazers
        4. Dress Pants
        5. Icons: Modern Tech Suits
    
     1. Shirt Shop
        1. Flannel Shirts
        2. Corduroy Shirts
        3. Icons: 1MX Dress Shirts
        4. Short Sleeve Shirts
        5. Cotton Stretch Shirts
     2. Accessories & Shoes
        1. Underwear & Pajamas
        2. Shoes & Boots
        3. Ties & Bowties
        4. Winter Accessories
        5. Socks
        6. All Accessories
    
     1. Labels We Love
        1. New Arrivals
        2. Activewear
        3. Travel Essentials
        4. Designer Shop
        5. Grooming
     2. Styling Community
        1. Styling Tips & Tricks
        2. Become A Style Editor
        3. Styling Community Inspo
        4. Shop the Feed
        5. #ExpressYou
        6. Livestream Shopping

 3. Jeans
     1. Women's Jeans
        1. All Women's Jeans
        2. Supersoft Jeans: New Leg Shapes
        3. Straight Leg Jeans
        4. Flare Jeans
        5. Wide Leg Jeans
        6. Skyscraper Jeans
        7. Skinny Jeans
        8. Bootcut Jeans
        9. Baggy Jeans
    
     1. Men's Jeans
        1. All Men's Jeans
        2. Slim Jeans
        3. Slim Straight Jeans
        4. Athletic Tapered Slim Jeans
        5. Skinny Jeans
        6. Straight Fit Jeans
        7. NEW & IMPROVED! Relaxed Jeans
        8. New Colors: Jeans

 4. New
     1. Women's New
        1. NEW! Tops
        2. NEW! Bottoms
        3. NEW! Dresses & Jumpsuits
        4. NEW! Jackets & Coats
        5. NEW! Accessories
        6. View All New Arrivals
    
     1. Men's New
        1. NEW! Shirts
        2. NEW! Bottoms
        3. NEW! Suits
        4. NEW! Sweaters
        5. NEW! Jackets & Coats
        6. NEW! Underwear
        7. NEW! Accessories
        8. View All New Arrivals

 5. GIFTS
     1. Gifts for Her
        1. All Gifts for Her
        2. December Drop
        3. Gifts $30 & Under
        4. Labels We Love
        5. Gift Cards
    
     1. Gifts for Him
        1. All Gifts for Him
        2. December Drop
        3. Gifts $30 & Under
        4. Labels We Love
        5. Gift Cards

 6. Sale
     1. Women's Clearance
        1. Tops
        2. Bottoms
        3. Dresses & Jumpsuits
        4. Jackets & Coats
        5. Shoes
        6. Accessories & Sleepwear
        7. Final Sale
        8. All Women's Clearance
    
     1. Men's Clearance
        1. Shirts
        2. Bottoms
        3. Jackets & Coats
        4. Suits
        5. Underwear
        6. Accessories
        7. Final Sale
        8. All Men's Clearance

 7. Style Trial Rental
     1. Style Trial Rental
        1. Women's Style Trial
        2. Men's Style Trial
        3. How It Works

 8. COMMUNITY
     1. Styling Community
        1. Styling Tips & Tricks
        2. Become A Style Editor
        3. Styling Community Inspo
        4. Shop the Women's Feed
        5. Shop the Men's Feed
        6. #ExpressYou
        7. Digital Stylist
    
     1. Express Together
        1. Dream Big Project
        2. Sustainability
        3. ESG
    
     1. Express Live
        1. Livestream Shopping

 9. Labels We Love
     1. Featured Labels for Her
        1. Endless Rose
        2. ALALA
        3. UpWest
        4. CRESCENT
        5. LXR
        6. Leonisa
        7. Ingrid & Isabel Maternity
        8. Total Brand Directory
     2. Featured Labels for Him
        1. Thousand Fell
        2. Fourlaps
        3. Brouk & Co.
        4. UpWest
        5. Vincero
        6. Total Brand Directory
    
     1. For Women
        1.  New Arrivals
        2.  Clothing
        3.  Swimwear
        4.  Activewear
        5.  Gifts for Her
        6.  Handbags
        7.  Jewelry
        8.  Intimates & Sleepwear
        9.  Beauty
        10. Shoes
        11. Home
     2. FEATURED SHOPS FOR HER
        1. Pre-Owned Luxury
        2. Designer Shop
        3. Maternity Shop
        4. Getaway Shop
        5. Cozy Shop
    
     1. For Men
        1. New Arrivals
        2. Clothing
        3. Gifts for Him
        4. Activewear
        5. Grooming & Personal Care
        6. Watches
        7. Shoes
        8. Sunglasses
     2. FEATURED SHOPS FOR HIM
        1. Designer Shop
        2. Travel Essentials
    
     1. Labels We Love
        1. Brand Directory
        2. Return Policy
        3. FAQs



 

Please note that our terms of use have changed.


Effective August 10, 2022

 

OVERVIEW:
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.

 

These Terms govern membership in the Insider Program, while the cardholder
agreements for the Express Credit Card govern the cardholders’ use of those
accounts.  Express Credit Card cardholders will earn points when you make
eligible purchases (minus returns or refunds) using your Express Credit Card
(‘Card Account”).

 

With the Express Credit Card, you can earn 20 points for each $1.00, or earn 25
points for each $1.00 for A-List Status, of eligible purchases made at any
Express location or online at www.express.com..


 

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. The 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.

 

In addition to these Terms, please also review our Privacy Policy
 (www.express.com/g/privacy-policy), for details of our policy regarding the use
of personal information collected in connection with 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. 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.



LIMITED LICENSE:


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.

 

TRADEMARKS:
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.

 

SPECIAL NOTICE:
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 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. 
 * Authorized users will not earn on the main credit cardholders account, but
   will be eligible to earn on their own account, which is linked to the main
   credit cardholders account.      

 

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 transactional email
communications from Express concerning your Program Account. Even if you
unsubscribe from receiving Express marketing emails, you will still receive
transactional emails about the Program, your Program Account, and your Express
Cash.  If you would like to opt out of the Express Insider Rewards Program and
cancel your membership, you will lose all of your Rewards, current points and
membership status.

 

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 Influencer members earn 8% back (20 points for every $1 spent) in
Express Cash on eligible purchases made at any Express location or online at
www.express.com using the Express Credit Card.  For every 1,250 points earned
(e.g., 20 points X $62.50 spent = 1,250 points), you will be eligible to receive
$5 in Express Cash, which is equivalent to 8% back (e.g., $62.50 X 0.08 = $5) in
Express Cash.  Express A-List members earn 10% back (25 points for every $1
spent) in Express Cash on eligible purchases made at any Express location or
online at www.express.com using the Express Credit Card.  For every 1,250 points
earned (e.g., 25 points X $50.00 spent = 1,250 points), you will be eligible to
receive $5 in Express Cash, which is equivalent to 10% back (e.g., $50.00 X 0.10
= $5) in Express Cash.

 

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. Purchases that are not a whole dollar amount will be
rounded up to the nearest whole dollar to determine the amount of Points
earned.  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. 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. You will receive a $5.00 Express Cash certificate,
for every 1250 points accumulated, directly in to your Insider account.
Notification of new Express Cash will be sent via email.

 

 * 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 through 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. 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.

 

RESELLING ACTIVITIES:
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.

 

USER SUBMISSIONS:
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 tatement 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: https://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.

 

LINKING:
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.

 

DISCLAIMER:
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: Express, Attn.: Legal Department, 1 Express
Drive, Columbus, Ohio 43230 or via email to legal@express.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.

 

REVISIONS:
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. 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.

 

MISCELLANEOUS:
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. All Cardholder benefits and promotions are
subject to the terms and conditions in the offer. 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.

 



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