SECTION 20 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.
1. Introduction; Conditions; Age Requirements.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THIS SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms.
We will post a notification on this Site or provide notification by e-mail in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms periodically for changes. Your continued use of this Site following our posting of any changes to these Terms means that you accept those changes. Without limitation to the foregoing, this provision does not apply in New Jersey.
Age Requirements for General Use: Registration and participation on this Site is restricted to those individuals that are at least the age of majority in their state of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on this Site, you hereby represent that you are the age of majority in your state of residence. If you are not of age, then you may use this Site only if your legal parent or guardian has accepted these Terms on your behalf and consented to your use.
Age Requirements for Purchases: YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES HEREIN, IN ORDER TO PURCHASE PRODUCTS ON THIS SITE. BY PLACING AN ORDER, YOU REPRESENT AND CERTIFY THAT ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH US AND OUR PARTNERS, VENDORS, AGENTS, AND SERVICE PROVIDERS.
Children’s Privacy: We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE THIS SITE. We understand and respect the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account
2. Intellectual Property; Site Content.
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.
Specifically, the trademarks, trade names, trade dress, logos, domain names, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of AEO, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of AEO or such third party that may own the displayed Trademarks.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site ("Content") are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site are solely for your purchase/use of AEO Products and/or services for personal use, information, education, entertainment, and communication with AEO. You may download, copy or print the Content of this Site for your personal, non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by using, downloading or printing copyrighted material.
3. User Comments and Other Submissions.
While AEO desires to receive feedback from its customers, please do not send AEO any unsolicited creative or original concepts, ideas, materials or Products, confidential or proprietary information, or the like ("Submission(s)"). If received, AEO is under no obligation to use or compensate you for your Submissions. AEO will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
4. License to User Content.
We may provide you with the opportunity to submit, post, or display content, such as photos, images, text, materials, information, data, opinions, messages, notes, graphics, designs, social media posts or other social media assets, or any other content ("User Content"). You can do this either: (i) by uploading User Content directly to this Site; (ii) by responding #YESAE or #YESAERIE to our request for the right to use the User Content you post on Instagram or Twitter; (iii) or by sending us or otherwise permitting us to use User Content through any other means (collectively "Submitting").
By Submitting User Content, you automatically grant to AEO, its assigns, licensees, and its third-party service providers (collectively, the "Licensed Parties") a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully paid-up license to use that User Content and your image, likeness, username, social media handle, real name, caption, location or other identifying information in connection with your User Content, in any manner in the Licensed Parties’ sole discretion, with no obligation to you whatsoever, for any lawful purpose, including, but not limited to, any commercial advertising/marketing, in any manner or media now or later developed, offline and online, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that User Content to third parties for their lawful uses and purposes. Licensed Parties are not obligated to feature, post or otherwise use any User Content, or to exercise any rights granted herein, but may do so at their sole discretion.
By Submitting User Content, you represent and warrant that: (i) you own or control unencumbered, transferable rights to your User Content; (ii) you have permission from all persons appearing in your User Content to allow you to provide the photo or video image of such persons as part of your User Content to the License Parties for commercial use; (iii) Licensed Parties’ use of the your User Content will not violate or infringe any law or the rights of any third party; and (iv) that you have reached the legal age of majority in your jurisdiction of residence. If your User Content shows a child that is under the age of majority in their state of residence, you represent and warrant that either you are the parent or legal guardian of such child or that you have written permission from the child's parent or legal guardian to provide the photo or video image as part of your User Content to the Licensed Parties for commercial use.
By Submitting User Content, you hereby release, discharge and agree to hold Licensed Parties and any person acting on behalf of Licensed Parties from all actions, claims, damages, liabilities, costs and expenses arising out of the use by Licensed Parties of the User Content.
By Submitting User Content, you hereby release and discharge Licensed Parties from any and all obligation to pay you for any use of your User Content and any of the intellectual property and publicity rights contained therein.
PLEASE NOTE: If you delete your #YESAE or #YESAERIE approval post, or otherwise delete your User Content, your agreement to these Terms (including the rights and license grant to such User Content) will remain in effect.
5. No Endorsement or Liability for User-Generated or Third-Party Content.
Although third-party content and User Content may be posted on this Site, these postings do not constitute AEO's endorsement. AEO is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party content or the User Content.
6. Third-Party Links.
Third-party links on this Site may direct you to third-party websites ("Third-Party Sites") that are not affiliated with AEO or that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country's regulatory or product safety requirements. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the content of or any Products or services offered on such Third-Party Sites, and AEO is therefore not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites ("Third-Party Products").
Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, Products, or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media sites and are not responsible for any third-party use of your personal information that you have posted, transmitted or otherwise made available there.
7. Copyrights; DMCA; Copyright Agent.
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.
Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is:
American Eagle Outfitters, Inc. Attention: Alexander Walsh Re: DMCA Complaint 77 Hot Metal Street Pittsburgh, Pennsylvania, 15203 Email: copyrightalert@AE.com Telephone: (412) 432-3300
To be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, including address, telephone number and email address where you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law (e.g. I have a good faith belief that use of the material 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 right that is allegedly infringed (e.g. "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.").
Upon receipt of the written notification containing the information as outlined above:
AEO will remove or disable access to the content that is alleged to be infringing;
AEO will forward the written notification to the alleged infringer; and
AEO will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
8. DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from AEO, the alleged infringer will have the opportunity to respond to AEO with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to AEO's designated copyright agent, and must include the following:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
A statement that under penalty of perjury that the material was removed by mistake or misidentification (e.g. "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"); and
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber's address is outside of the United States, or any judicial district in which AEO may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent's receipt of a Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
9. Prohibited Uses.
Solely for Personal Use: You may browse this Site and all associated content solely for your personal use and enjoyment. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access: To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete.
Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of this Site. In using this Site, you may not:
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
transmit any information, software or other material which contains or delivers a virus or other harmful component;
use any software, tool, data, device or other mechanism to navigate or search this Site other than a generally available browser;
use any software, tool, data, device or other mechanism to “scrape” or otherwise compile data on this Site;
frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
use any metatags or any other "hidden text" utilizing our name or Trademarks without our express written consent.
Other Restrictions: Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
accessing content or data not intended for you or logging onto a server that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, "flooding, " "spamming, " "mail bombing," or "crashing";
using this Site to send unsolicited communications, including, without limitation, promotions, or advertisements for products or services;
forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
10. Registration, Accounts and Passwords.
You must treat your username, password, and any other piece of information required as part of our security procedures as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including, but not limited to, if you lose your user name or password. You agree to be responsible for any use of this Site or portions of it using your username, password or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name or password whether chosen by you or provided by us, at any time if you have violated any provision of these Terms.
11. Site Updates.
AEO undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on this Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
12. Product and Pricing Information.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to Product availability, special offers, Product promotions, pricing information, product descriptions, or Product shipping charges and transit times. AEO reserves the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate (including after you have submitted your order).
Products offered through this Site are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, we are not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products and services are quoted in US Dollars. We may, from time to time, offer promotions for shipping and other discounts on purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse, or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through this Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through this Site. If, in our sole discretion, we determine that (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the Product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used this Site to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to this Site, and terminate all of our obligations hereunder.
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at email@example.com.
This Site, Content, product information, and any products sold through this Site are intended to comply with United States state and federal laws and regulations. Some Products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the United States.
AEO reserves the right, but is not obligated, to limit the sales of its Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
13. Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (A) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (B) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT/DEVICE THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (C) THAT AEO AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, "SERVICE PROVIDERS") WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF AEO AND OUR SERVICE PROVIDERS FOR ANY CLAIMS RELATED TO THIS SITE, EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AEO'S AND ITS SERVICE PROVIDERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." AEO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE, AND AEO MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR DEVICE OR FREE FROM ERROR OR VIRUSES. NO AEO EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, AEO DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
AEO RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND AEO WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AEO, OUR SUBSIDIARIES AND AFFILIATES, PARTNERS, AGENTS, AND OUR SERVICE PROVIDERS FROM AND AGAINST ALL CLAIMS (WHETHER OR NOT SUCH CLAIMS ARE MERELY ALLEGED OR OTHERWISE), LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THIS SITE USING YOUR ACCOUNT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
16. Disabling Your Account.
Even if your account is disabled and you cease visiting/using the Site, be aware that these Terms, to the extent any provisions by their nature will survive any expiration or termination of these Terms, shall survive.
17. Choice of Law.
These Terms will be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules.
When you visit this Site or send communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Privacy Notice.
Should you have any questions concerning the Terms, or if you desire to contact AEO for any reason, please contact us at firstname.lastname@example.org.
Timing of Claims: Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of Products/services) must be commenced within one (1) year after the claim or cause of action arises.
Arbitration and Venue: For all disputes arising out of or relating to the Site or these Terms, you submit and consent to the exclusive personal jurisdiction and venue in Allegheny County, Pennsylvania. Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Allegheny County, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Allegheny County, Pennsylvania. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur). To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
In particular, under California Civil Code Section 1789.3, users of this site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. AEO may be contacted via email at email@example.com.
23. Electronic Signatures.
You acknowledge and agree that by agreeing to this Terms electronically that you are expressly agreeing to the terms and conditions set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms and conditions of these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SITE OR SERVICES OFFERED BY AEO. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
TERMS SPECIFIC TO YOUR AMERICAN EAGLE STYLE DROP SUBSCRIPTION
1. ACCEPTANCE OF TERMS.
These Terms are also a legal agreement between you and AEO 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 ("Subscription Services") or any other products or services introduced from time to time from AEO via the Site. By accessing or using this Site in any way, including, without limitation, use of any of the Products or Subscription Services, downloading of any Materials, purchasing of any subscription package or merely browsing the Site, you agree to and are bound by these Terms. You further agree that these Terms will govern your relationship with AEO, whether you access our Products or Subscription Services through the Site, through a mobile device or application or through a third party site, such as Facebook or other website.
2. APPLICATION OF TERMS.
This Site accommodates visitors (who merely browse the Site without special access), guests (who are given special access to browse our Products), and Members (who subscribe to our paid-for Subscription Services). As used in these Terms, the term "user" or "you" refers to you whether you are a visitor, guest or Member. BEFORE YOU CHECK THE BOX AND CLICK ON THE "SUBMIT" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. BY CLICKING ON THE "SUBMIT" BUTTON, ORDERING THE PRODUCTS, OR CONTINUING TO USE THE SITE OR SERVICE AFTER THE EFFECTIVE DATE OF UPDATE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS, DO NOT ACCEPT THESE TERMS AND YOU WILL NOT BE PERMITTED TO USE OUR SUBSCRIPTION SERVICES OR ORDER OUR PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS IN THE FUTURE AND ANY CHANGES WILL APPLY TO ALL THE PRODUCTS AND SUBSCRIPTION SERVICES BEING OFFERED TO YOU BY AEO AFTER THE DATE OF SUCH CHANGE.
3. OWNERSHIP OF PRODUCTS.
You agree and acknowledge that through your AEO subscription you are borrowing the Products and that ownership of the Products remains with AEO 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.
AEO reserves the right to change these Terms and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or of any Materials or Subscription 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 Site will be subject to the most current version of these Terms, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms to view the then current terms. If you breach any of the terms of these Terms, your authorization to use this Site and our Subscription Services automatically terminates.
5. THE SUBSCRIPTION SERVICES.
The Subscription Services allow registered Members (referred to as "Members") to access the Site and borrow Products from AEO in accordance with the Member's selected subscription package and these Terms. 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 Site. 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, AEO 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 AEO. 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 Subscription Services, you must register as a Member through the Site and obtain an account ("Account"). You must have a valid credit card and Internet access to use our Subscription Services. By registering as a Member through the Site, 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 Subscription 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 AEO to be terminated under these Terms. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site'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 Subscription 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.
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 Subscription 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 Subscription Services. You authorize us to charge outstanding fees and other amounts due 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 SUBSCRIPTION SERVICES.
We may modify the price, content, or nature of the Subscription 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. AEO 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 Site.
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 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, AEO 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 AEO WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND YOU FOR ANY REASON.
17. DAMAGED PRODUCTS.
AEO 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 AEO.
From time to time, we receive items that do not belong to AEO 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. MANAGING CONTENT AND COMMUNICATIONS.
AEO reserves the right, in its sole discretion, to restrict, suspend, or terminate your subscription and access to all or part of this Site, at any time without prior notice or liability. AEO 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 Site. To the maximum extent permitted by law, we will have no liability related to User Content. AEO 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 Site, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. AEO takes no responsibility whatsoever with respect to the accuracy or integrity of any User Content, including reviews and recommendations, made available on the Site. More specifically, our users may upload reviews or comments concerning the Subscription Services or the Products we make available on or through the Site.
You agree that AEO, in its sole discretion, may terminate your password, Account, or use of the Subscription Services or the Site 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. You agree that any termination of your access to the Subscription Services or the Site 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.
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.
24. Referral Policy.
25. 30 Day Free Trial.
30 Day Free Trial periods are offered at the sole discretion of AEO, and are subject to discontinuation at any time, at AEO’s sole discretion. You must have a valid credit card, debit card, or PayPal account and Internet access to register and participate in the 30 Day Free Trial. New accounts that are eligible for a 30 Day Free Trial will be authorized on the first day of service for the full billing period payment associated with your plan. In some cases, your credit card available balance or credit limit will be reduced to reflect the authorization; however, no charges will be made against your credit card unless you do not cancel before the end of your 30 Day Free Trial period. While you can amend your Membership Plan during the 30 Day Free Trial, the modification will not apply until after the 30 Day Free Trial. At the end of your 30 Day Free Trial period AEO will automatically bill your credit card for the next billing period of service. We will not notify you when your trial period has ended. You can view the date your 30 Day Free Trial ends in the account section on our site or by visiting Account Details Page and looking in the membership details section.
If you or another family member of your household has been an AEO member, you are not eligible for the 30 Day Free Trial. We consider your family household not eligible if your credit card account, physical address or email address have been associated with another active AEO account prior to the day of account creation. Notwithstanding the foregoing, you may be eligible, at AEO’s sole discretion, to participate in other AEO free trial programs and promotions. If you are a Washington, D.C. resident, you are not eligible to participate in the 30 Day Free Trial program.
IF YOU CANCEL PRIOR TO THE END OF YOUR 30 DAY FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR CREDIT CARD. See Sections 13, 14, and 15. below to learn more about cancellation. AEO reserves the right to cancel your 30 Day Free Trial if you, in AEO’s sole discretion, violate any of this Agreement and conditions or any applicable law, register and subscribe via deception, forgery, fraud, or commit any other abuse of the AEO 30 Day Free Trial program. Violations of this Agreement and condition include, but are not limited to creating duplicate accounts under another name, email, or address in order to obtain more than one 30 Day Free Trial.