TERMS OF SERVICE

Welcome to the Express Style Trial website. Please read the following terms carefully, because your use of this Website (as defined below) constitutes your agreement to these Terms of Service. THESE TERMS OF SERVICE INCLUDE AN ARBITRATION AGREEMENT, WHICH IS SET FORTH BELOW. If you do not agree to these Terms of Service, you should not access or use the Website. We, in our sole discretion and without notice to you, reserve the right to make changes to the Website and to these Terms of Service from time to time. When we make changes to these Terms of Service, we will post them here. You may wish to check this section from time to time, because by visiting the Website, you agree to accept any such changes.

  1. ACCEPTANCE OF TERMS Express, LLC, a Delaware limited liability company (hereinafter referred to as “Express” "we," "us," "our," or "Provider"), makes this Website, including all images, information, documents, communications, files, text, graphics, software, products available through this Website (collectively, the "Materials") and all services operated by Provider and third parties through the Website, available for your use subject to the terms and conditions set forth in this document and any changes to this document that Provider may publish from time to time (collectively, the "Terms of Service"). "User Content" as used in these Terms of Service means all images, information, documents, communications, files, text (including user comments and reviews) and graphics that you or another Website user uploads. These Terms of Service are also a legal agreement between you and Express establishing terms and conditions under which you will submit information to, and borrow or purchase garments, clothing and accessories (each a "Product" and collectively, "Products") and receive related subscription services ("Services") or any other products or services introduced from time to time from Provider via our website at Express Style Trial (including the mobile website and any Provider applications) (hereinafter the "Website"). By accessing or using this Website in any way, including, without limitation, use of any of the Products or Services, downloading of any Materials, purchasing of any subscription package or merely browsing the Website, you agree to and are bound by these Terms of Service. You further agree that these Terms of Service will govern your relationship with Provider as it relates to the Express Style Trial, whether you access our Products or Services through the Website, through a mobile device or application or through a third party site, such as Facebook or other website.

  2. APPLICATION OF TERMS. This Website accommodates visitors (who merely browse the Website without special access), guests (who are given special access to browse our Products), and members (who subscribe to our paid-for Services). As used in these Terms of Service, the term "user" or "you" refers to you whether you are a visitor, guest or member. BEFORE YOU CLICK ON THE "SUBSCRIBE" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. BY CLICKING ON THE "SUBSCRIBE" BUTTON, ORDERING THE PRODUCTS, OR CONTINUING TO USE THE WEBSITE OR SERVICE AFTER THE EFFECTIVE DATE OF UPDATE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, DO NOT ACCEPT THESE TERMS AND YOU WILL NOT BE PERMITTED TO USE OUR SERVICES OR ORDER OUR PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THESE TERMS OF SERVICE IN THE FUTURE AND ANY CHANGES WILL APPLY TO ALL THE PRODUCTS AND SERVICES BEING OFFERED TO YOU BY PROVIDER AFTER THE DATE OF SUCH CHANGE.

  3. OWNERSHIP OF PRODUCTS You agree and acknowledge that through your Provider subscription you are borrowing the Products and that ownership of the Products remains with Provider at all times. We lend our Products only to adults who may purchase a subscription package with a valid credit card or other approved payment method. As such, you represent that you are 18 years old or older.

  4. CHANGES TO THESE TERMS Provider reserves the right to change these Terms of Service and other guidelines or rules posted on the Website from time to time at its sole discretion. Your continued use of the Website, or of any Materials or Services accessible through it (including the continued borrowing of Products), after such update has been posted constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of these Terms of Service, rules and guidelines posted on the Website at the time of such use. You should periodically check these Terms of Service to view the then current terms. If you breach any of the terms of these Terms of Service, your authorization to use this Website and our services automatically terminates.

  5. THE PROVIDER SERVICE The Services allow registered members (referred to as "members") to access the Website and borrow Products from Provider in accordance with the member's selected subscription package and these Terms of Service. With payment of the subscription fee, the member can choose Products to borrow from our online selection, and have them shipped to the member's address. The specific rules that govern the borrowing of Products vary and will depend on the particular subscription packages you select; these rules are outlined on the Website. We limit the number of Products that a member may borrow at any one time, and such limitation depends on your particular subscription package. Keep in mind that for purposes of determining the number of items you may borrow at any particular time, Products are considered borrowed and in your possession while in transit and until the Products are delivered to us. Delivery time for a Product a member selects to borrow may vary based upon inventory availability, the member’s delivery address, the time when a member places an order or return notifies, the number of items the member already has in their possession, prioritization, and other factors related to shipment or delivery. As such, Provider is unable to make any guarantees as to actual shipment or delivery times. We reserve the right to process orders and otherwise ship to our members in accordance with our delivery and mailing schedules. The risk of loss for Products shipped passes to the member upon the delivery of the Product(s) to the member at his or her address. Likewise, we will bear the risk of loss once you deliver the Products(s) to our chosen carrier with our return labels affixed to the package. In order to demonstrate that this shift of liability has occurred, you must record the tracking number of the return envelope. Without this information, the assumption of liability will remain with you until the Product(s) are delivered to Provider. At all other times, you bear the risk of loss and are responsible for the Product(s).

  6. REQUIRED RETURNS We reserve the right to require the return of any or all borrowed Products in the member's possession in the event the member fails to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by the member.

  7. SHIPPING, ORDERS AND RETURNS Subject to the limitation that you may have only a certain number of Products in your possession at any one time depending on your subscription package, you may order and return Products as many times as you wish while you are a member, and provided that you comply with these terms, shipping costs will be paid by us. With every set of Products shipped to you we include a return package for which postage has already been paid, which you may use to return Products with absolutely no shipping cost. You must return all of the Products in your possession in the provided return package in order to receive free shipping. If you purchase a Product through the “Try Then Buy” option while you are in possession of the maximum number of Products that are permitted under your subscription package, we will wait until you have returned all Products associated with your subscription package before shipping out the next Products. All Products must be returned together in the same provided return package.

  8. BECOMING A MEMBER AND OBTAINING AN ACCOUNT Before you can begin use of the Services, you must register as a member through the Website and obtain an account ("Account"). You must have a valid credit card and Internet access to use our Services. By registering as a member through the Website, you give us permission to save your credit card information and to use that information to charge your card every billing period for your selected subscription. You further authorize the use of your card for any Try Then Buy purchases. You must be 18 years of age or older to register as a member and use the Services. Your membership will automatically renew for successive membership periods of your plan, unless you cancel your membership or your membership is otherwise determined by Provider to be terminated under these Terms of Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information referred to as the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you move or your contact information changes, please inform customer service immediately. At all times, you must provide contact information with which we can reach you via telephone and email. We may contact you from time to time in order to evaluate our service and to ensure your optimal utilization of the Services. Calls may be monitored and recorded for record keeping, training, and quality-assurance purposes. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately.

  9. BILLING When you join as a member you will be required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorized to use. We do not accept pre-paid cards or external gift cards, as determined by Bank Identification Number. By purchasing a subscription, you authorize us or our agent to bill your credit card the applicable membership fees, based on your selected subscription package, any and all applicable taxes, and any other charges you may incur in connection with your use of the Services, such as Try Then Buy purchases. The applicable membership fees and taxes will be charged to your credit card on the date your membership is created and every billing period thereafter, on the calendar day corresponding to the commencement of your membership (the "Membership Anniversary Day"). If your Membership Anniversary Day, the date of expiry of your current billing period, does not exist in a particular month (because your Membership Anniversary Day is the 29th, 30th or the 31st of the month) then we will charge your credit card on the last day of that month. Other fees, including but not limited to Try Then Buy Purchases, will be charged to your credit card as you incur them.

  10. PAYMENT AND COLLECTION If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services. You authorize us to charge outstanding fees and other amounts due us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.

  11. RESPONSIBILITY FOR CHARGES You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

  12. CHANGES TO PRICES AND SERVICES We may modify the price, content, or nature of the Services at any time. At our sole discretion, we may grandfather in the prices of certain members based on factors such as sign up date and good standing. Provider will notify members receiving such grandfathered rates prior to the implementation of any price change. If we modify any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Website.

  13. CANCELLATION, COSTS, AND REFUNDS You may cancel your membership at any time by following the procedure on the “Cancel Subscription” section on your account page (the account page provides call to cancel information). You should receive an email within one (1) hour of effective cancellation. If you do not receive a cancellation confirmation email within one hour, please call customer service immediately as your cancellation may not be complete.

  14. EFFECT OF CANCELLATION Cancellation is effective immediately upon completing the cancellation process, which means that after you cancel your membership you will not be sent additional Products. You will, however, be permitted to keep the Products that are already in your possession for the remaining portion of the membership period for which you have already been billed. We do not offer refunds, partial refunds or credits on any Provider subscriptions.

  15. RETURN OF PRODUCTS UPON CANCELLATION You must ensure that all borrowed Products are shipped to us on or before the end of your membership period. You must record the tracking numbers and the contents of all bags sent after cancellation. If all outstanding Products are not shipped to us within that time, Provider reserves the right to charge you a replacement fee for each of the items not returned as above (a "Replacement Fee"). The Replacement Fee is 75% of the retail price of the Product. Failure to return all outstanding Products in your possession in accordance with this paragraph will result in charges to your credit card for the Replacement Fees. You agree and understand that by failing to return an outstanding Product as provided herein, you are agreeing to the Replacement Fee and you understand that the Product, upon payment of the Replacement Fee, is purchased by you and is thereafter your property.

  16. BUYING GARMENT AT HOME You may buy a Product "At Home" with you in your physical possession by using the online “Try Then Buy" option in your closet. When you confirm the purchase of the Product, your credit card on file with us will be charged and the Product is yours. After the transaction is processed, we will remove the item from your At Home section. The price shown, at any point in time, is good for that time only, and is subject to change. If a Try Then Buy price is not displayed for a Product, it is not yet eligible for purchase – please check back at a later time. The garments At Home are sent to you after due checking and cleaning. Check the garment thoroughly and satisfy yourself of its condition before making a purchase. NOTE, ONCE YOU PURCHASE A PRODUCT THE TRANSACTION IS COMPLETE AND PROVIDER WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND YOU FOR ANY REASON.

  17. DAMAGED PRODUCTS Provider will not hold you accountable for normal wear and tear that occurs through use of the Products. However, we do reserve the right to charge your credit card a Replacement Fee for each Product returned in a damaged condition that, in our sole discretion, exceeds normal wear and tear, or evidences recklessness or carelessness with respect to your possession or use of the Product.

  18. ITEMS ERRONEOUSLY RETURNED TO PROVIDER From time to time, we receive items that do not belong to Provider in our return envelopes. We endeavor to notify the sender of any items discovered, but we do not have a lost and found service, and are not responsible or liable for items sent to us in error. In case you realize you’ve sent something important, please reach out to customer service as soon as possible so we can attempt to locate it. If we are able to find it, we will work with you to secure its return. At all times, however, the liability for the item remains with you.

  19. YOUR RIGHT TO USE THE WEBSITE You are authorized to use the Website only for personal, non-commercial purposes. You may download or copy the content displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

  20. RESTRICTIONS ON YOUR USE By accessing the Website, you agree not to use the Website in any way that is prohibited by these Terms of Service, including by using the Website in a way that is illegal or could give rise to civil liability or that could violate the security of our websites or otherwise cause injury to us or any other party. Provider reserves the right to take such action as it deems appropriate in cases where Provider websites are used to disseminate such materials. For example, and without limitation, you may not:

    • engage in unauthorized spidering, “scraping,” or harvesting of content, or use any other unauthorized automated means to compile content or information;
    • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
    • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
    • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website; or
    • engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

    Provider reserves the right to take such action as it deems appropriate to enforce its rights under these Terms of Service. Violations of system or network security may result in civil or criminal liability. Provider may investigate and work with law enforcement authorities to prosecute users who violate these Terms of Service.

  21. USER SUBMISSIONS Any comments, suggestions, ideas, materials and other submissions (“User Submissions”) that you send to us are provided on a non confidential basis. By submitting User Submissions, you are granting us an irrevocable, royalty-free, perpetual, worldwide, and fully sublicensable license to reproduce, publish, modify, adapt, translate, create derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant us the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify you in connection with any such use. You also agree that we will be free to use any ideas, concepts, knowhow or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.

    You further understand and acknowledge, to the extent permitted by law, that: (i) we have wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Ideas”), and those new Ideas are constantly being submitted to us or being developed by our own employees; (ii) many Ideas may be competitive with, similar to, or identical to content you submit in concept, approach, format, or other respects; (iii) you will not be entitled to any compensation as a result of our development or use of any such similar or identical material that has or may come to us, or any of them, from other sources. Except where prohibited by law, you agree that we do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright, patent or other intellectual property right in and to your submission.

    You agree that you are over the age of majority, and that no User Submission made by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Submissions made by you to the Website will be or contain material that is false, misleading, libelous, unlawful, abusive, indecent, or obscene. You agree that you will remain responsible for the content of any User Submissions you make.

    We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that we believe violates these Terms of Service, is otherwise objectionable, or for any other reason without prior notice.

  22. THIRD PARTY SERVICES In addition to the Materials and Services offered by Provider, this Website may also make available materials, information, products and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. Provider offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold us responsible or liable with respect to the Third Party Services nor seek to do so.

  23. COPYRIGHT AND TRADEMARKS The entire content (images and text) of www.expstyletrial.com is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without our express written permission.

    All Provider trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Express or its affiliates. The use (except as permitted herein) or misuse of the trademarks or any other intellectual property of Express is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Express actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

  24. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT We respect the intellectual property rights of others, and require that the people who use the Website do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information (or any statement in conformance with the DMCA) to our Copyright Agent whose contact information is provided below:

    • Your name, address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed
    • A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
    • A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Copyright Agent:
    Director of Legal
    Express, LLC
    1 Express Drive, Columbus, Ohio 43230

  25. MANAGING CONTENT AND COMMUNICATIONS Provider reserves the right, in its sole discretion, to restrict, suspend, or terminate your subscription and access to all or part of this Website, at any time without prior notice or liability. Provider reserves the right to pursue all reasonable redress including full compensation for any damages associated with malicious or other behaviors or actions resulting from unauthorized use of this Website. To the maximum extent permitted by law, we will have no liability related to User Content. Provider disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. Since we do not control the User Content posted on the Website, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. Provider takes no responsibility whatsoever with respect to the accuracy or integrity of any User Content, including reviews and recommendations, made available on the Website. More specifically, our users may upload reviews or comments concerning the Services or the Products we make available on or through the Website. Any such opinions or advice are those of the respective authors and not of Provider.

  26. ARBITRATION IF A DISPUTE ARISES (“Arbitration Agreement”)

    Scope of the Arbitration Agreement. Any legal dispute between you and Provider concerning or arising out of your use of the Website, any products or services sold or distributed through the Website, your participation in any program or service provided by Provider, or any other dispute of any nature, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. However, either you or Provider may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

    How Arbitration Works. Disputes arising under or relating to these Terms of Service will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. Unless you and Provider agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in New York, New York. We encourage you to call Provider in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.

    Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Provider also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Provider hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

    Arbitration Costs. Provider will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorney's’ fees and expenses against you.

    Other Terms & Information. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms of Service, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New York will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

  27. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY The Materials and Services (including the Products provided under the Service or Purchased through the Website) are provided "as is"; Provider makes no representations or warranties of any kind with respect to the Services, Products provided with the Services, the Website, or any contents therein. Provider assumes no liability or responsibility for any errors or omissions in providing the Materials and Services, any failures, delays, or interruptions in the shipment of Products, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by Provider, or any conduct by users of the Website. Provider reserves the right to refuse to ship Products in its sole discretion.

  28. PROVIDER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THE WEBSITE OR THROUGH THE SERVICE IS COMPLETE OR CURRENT.

  29. PROVIDER AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. PROVIDER AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE WEBSITE OR THESE TERMS OF SERVICE WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO PROVIDER BY YOU UNDER THESE TERMS OF SERVICE (INCLUDING YOUR SUBSCRIPTION FEES). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

  30. TERMINATION You agree that Provider, in its sole discretion, may terminate your password, Account, or use of the Services or the Website for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Services or the Website may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information.

  31. TAXES All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

  32. INDEMNITY AND LIABILITY You agree to indemnify and hold Provider, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms of Service or your violation of any rights of another person or entity.

  33. PERSONAL INFORMATION AND PRIVACY You understand and agree that Provider may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Provider or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

  34. EXPRESS STYLE TRIAL 30-DAY FREE TRIAL TERMS OF SERVICE This offer (the "30-Days Free Trial Offer"), which is made to you by Express (as defined in the Express Style Trial Terms of Service), entitles you for a period of thirty (30) days from the day that you create an account with Express Style Trial and activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept the 30-Days Free Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to the Express Style Trial Terms of Service. If you decide that you do not want to become a paying user of the Express Style Trial service upon the lapse of the Free Trial Period, you have to cancel your service (instructions to cancel can be found at https://www.expstyletrial.com/pages/terms-of-service) at least one (1) day before the end of the Free Trial Period. You can view the date your Free Trial Period ends in the account section on our site or by visiting www.expstyletrial.com/pages/account and looking in the membership details section. You may only use this 30-Days Free Trial Offer once. Express reserves the right, in its absolute discretion, to withdraw or to modify this 30-Days Free Trial Offer and/or the Express Style Trial Terms of Service at any time without prior notice and with no liability. Free trial eligibility is determined by Express at its sole discretion and we reserve the right to revoke the free trial and put your account on hold in the event we determine you are not eligible. If you are Washington, D.C. resident, you are not eligible to participate in the 30 Day Free Trial program.

    Members of households with an existing or recent Express Style Trial subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Express Style Trial subscription to determine eligibility.

  35. The following additional terms and conditions apply to the sale, use and redemption of Express Style Trial electronic-only “digital” gift memberships (collectively, “Gift Memberships”). Purchase and use of a Gift Membership constitutes acceptance of this Agreement. In addition to the terms in this Section, the purchase, use, and redemption of Gift Membership are considered part of the Services subject to this Agreement generally.

    A. Redemption and Use
    Gift Memberships may only be purchased online. Gift Memberships are redeemable only for eligible prospective and current Members, as determined at Provider’s sole discretion. Limits may apply to Gift Memberships redemption and use. A Gift Membership may only be used towards the Membership Fee and cannot be used to purchase Products or other Gift Memberships. When a Gift Membership is redeemed and activated, the total value of the Membership and sales tax will be deducted from the currently available Gift Memberships balance and your subscription will simultaneously begin. At the end of the Gift Membership term, you will automatically be billed the applicable Membership Fee and thereafter the Membership Fee will automatically renew and you will be billed monthly unless you cancel your Membership prior to the expiration of your Gift Membership. Your Gift Membership will expire on the date designated in the Gift Membership notification. Your Gift Membership cannot be paused. The Gift Membership number will be delivered to the recipient’s email address that purchaser provides at the time of purchase of the Gift Membership. Purchaser is responsible for providing an accurate and deliverable recipient email address. The recipient will usually receive the Gift Membership via email within 24 hours, or on the delivery date, the purchaser chooses, which must occur within ninety (90) days from the purchase date. For assistance with a Gift Membership, please reach out to customer service at support@expstyletrial.com or call 1-888-973-8580.

    B. Expiration and Fees
    There is no expiration date to activate your Gift Membership and it is not subject to any fee. Gift Memberships are final and not redeemable, transferable, or exchangeable for cash or any value (except as required by law). Gift Memberships cannot be reloaded and are not refundable.

    C. Lost, Stolen, or Damaged Gift Membership; Unauthorized Use
    You should treat your Gift Membership like cash and protect it accordingly. Title to and risk of loss for Gift Memberships passes to the purchaser upon sale. Express Style Trial reserves the right to refuse to accept Gift Memberships that Express Style Trial believes were fraudulently obtained. Express Style Trial is not responsible if a Gift Memberships is lost, stolen, destroyed, damaged, or used without permission. Gift Memberships will be replaced if lost, stolen or damaged only with proof of purchase and only for the value shown on Express Style Trial’s records. Express Style Trial is not responsible if your Gift Memberships is used without your permission.

    D. Cancellation of Membership
    If you cancel your Gift Membership, your account will expire at the end of the Gift Membership term and your account will be deactivated. After your cancellation request, you’ll be able to continue to use the Service for the remainder of your Gift Membership term. When the Gift Membership term expires, your cancellation will take effect and you will no longer be able to use to the Services.

  36. MISCELLANEOUS Except as otherwise set forth in the Arbitration Agreement above, these Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. The waiver of any provision of these Terms of Service shall not be considered a waiver of any other provision or of Provider’s right to require strict observance of each of the terms herein. If any provision of these Terms of Service is deemed to be illegal or unenforceable, the remainder of these Terms of Service shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Terms of Service constitute the entire agreement between us relating to your use of the Website, Materials, Products and Services.

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