UNITED STATES TERMS OF USE
Last Updated: March 16, 2021
Welcome to American Eagle Outfitter's website. This site is offered as a service to our
customers. American Eagle Outfitters, our subsidiaries and our affiliates (collectively
"AEO," ("we,” "us,” or "our") appreciate your interest in AEO and your visit to this site.
The following Terms of Use (these "Terms”) set forth the basic rules that govern your use
of this site and your generated or provided content. This “Site” includes all affiliated sites,
mobile apps, and social media pages.
SECTION 22 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND
CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.
TABLE OF CONTENTS
Page
1.
Introduction; Conditions; Age Requirements. .........................................................2
2. Intellectual Property; Site Content. .........................................................................3
3. User Comments and Other Submissions. ................................................................3
4. License to User Content. ..........................................................................................4
5. No Endorsement or Liability for User-Generated or Third-Party Content. .............5
6. Third-Party Links. .....................................................................................................5
7. Copyrights; DMCA; Copyright Agent........................................................................5
8. DMCA Infringement Counter Notification. ..............................................................7
9. Prohibited Uses. .......................................................................................................8
10. Registration, Accounts and Passwords. ...................................................................9
11. Site Updates. ..........................................................................................................10
12. Shopping Online; Product and Pricing Information. ..............................................10
13. Returns & Resale of Product. .................................................................................12
14. imitations on Liability. ............................................................................................12
15. Disclaimer...............................................................................................................13
16. Indemnification. .....................................................................................................13
17. Disabling Your Account. .........................................................................................13
18. Choice of Law. ........................................................................................................14
19. Notice. ....................................................................................................................14
20. Privacy Notice. .......................................................................................................14
21. Payment Processing. ..............................................................................................14
22. Disputes. ................................................................................................................14
23. Miscellaneous. .......................................................................................................15
24. Pennsylvania Use. ..................................................................................................16
25. Notice for California Users. ....................................................................................16
26. Electronic Signatures. ............................................................................................16
27. Questions. ..............................................................................................................17
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 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", “User Generated Content”, or “UGC”). You can do this either: (i) by uploading
User Content directly to this Site; (ii) by responding #YESAE or #YESAERIE (or otherwise
by responding in any affirmative manner) 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 affiliates, 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, #YESAERIE, or other affirmative
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. Shopping Online; Product and Pricing Information.
In order to shop on this Site, simply select the product you want to purchase, the desired
quantity, and click “ADD TO BAG.” When you’ve completed shopping, click the
“CHECKOUT” button and follow the instructions to checkout and complete your order.
Please note that you may change the contents or edit the quantities of items in your
shopping cart until you click “PLACE ORDER”, after which your order will be processed.
After submitting your order, if accepted, a confirmation page will be displayed and your
order number will be provided. You will also receive an email confirmation shortly after
your order has been submitted. If your email confirmation does not arrive within 48 hours
after you have placed your order, please contact us via e-mail for assistance. You may
track your order by using your tracking number included in your shipping confirmation e-
mail.
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.
By entering into any transaction through this Site, you consent to receiving email
communications from us regarding this transaction, including purchase receipts, notices,
or transactional messages. AEO may send you email reminders about items you left in
your cart but did not purchase in order to complete your transaction. You agree that all
agreements, notices, disclosures, and other email communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing, and
that you may retain copies of these communications for your record keeping purposes.
Further, you acknowledge and agree that all purchase receipts and purchase-related
communications will be provided electronically only, and paper copies of receipts will not
be provided.
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 customercare@ae.com
using your
order number.
Usage of Coupon Codes/Discount Codes: Limited one (1) time use per coupon and/or
discount code per customer. Discounts will be applied at checkout. Online offers have no
cash value and are not redeemable for cash. Not valid on previous purchases or when
combined with any promotional offers.
Customization: For certain items, AEO may provide an opportunity to customize or
personalize a product. If so, please know that the product will be altered based upon your
request and is therefore non-returnable, non-refundable and non-exchangeable. Prior to
ordering, please ensure that you are satisfied with your customized/personalized
products. If not, please do not place your order; all such orders are final. Additionally, due
to product customization and personalization, the shipping time to receive your products
will be increased.
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. Returns & Resale of Product.
Please visit our Return Policy
for more information on acceptable returns. Additionally,
this Site sells products to retail consumers only. You shall not use this Site to purchase
products for re-sale or export. AEO reserves the right to immediately bar access to this
Site and terminate the account of any user who violates this provision.
14. imitations 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.
15. Disclaimer.
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.
16. Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AEO, OUR SUBSIDIARIES AND
AFFILIATES, AND OUR AND THEIR 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.
17. Disabling Your Account.
You may disable your account at any time by contacting us at customercare@ae.com
.
Additionally, we may, in our sole and absolute discretion, disable your account at any time
and for any reason, including, but not limited to, if you breach these Terms. Upon
disabling of your account, we will retain your data in accordance with our Privacy Notice
.
Even if your account is disable 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.
18. 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.
19. Notice.
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.
20. Privacy Notice.
For information on how information is collected, used, or disclosed by AEO in connection
with your use of this Site, please consult our Privacy Notice
, which is incorporated into
these Terms by reference.
21. Payment Processing.
By agreeing to the Terms, you consent that depending on the type of payment method
used, the payment processing services for goods and/or services purchased on this Site
are provided by either AE Direct Co. LLC or by AMERICAN EAGLE NL SERVICES CO. B.V. on
behalf of AE Direct Co. LLC. In the event you choose to pay with credit card and the
payment will be processed via a European Acquirer, these terms are an agreement
between you and AMERICAN EAGLE NL SERVICES CO. B.V. at principal address, Prins
Bernhardplein 200, 1097 JB Amsterdam, the Netherlands.
Should you have any questions concerning the Terms, or if you desire to contact AEO for
any reason, please contact us at customercare@ae.com
.
22. Disputes.
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.
23. Miscellaneous.
Our failure to insist upon or enforce strict performance of any provision of these Terms
shall not be construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these Terms. We may
assign our rights and duties under these Terms to any party at any time without notice to
you and without your express consent. You will not assign any of your rights or delegate
any of your obligations under these Terms without our prior written consent. Any
purported assignment or delegation in violation of this Section 23 is null and void. No
assignment or delegation relieves you of any of your obligations under these Terms. If any
provision of these Terms shall be held unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions. These Terms, together with our
Privacy Notice
, constitute the entire agreement between the parties pertaining to the
subject matter hereof and supersedes in their entirety any and all written or oral
agreements previously existing between the parties with respect to such subject matter.
Some people who endorse our products may receive consideration for their
endorsement.
24. Pennsylvania Use.
This Site is controlled and operated by us from our offices in the Commonwealth of
Pennsylvania. We make no representation that any of the materials or the services to
which you have been given access are available or appropriate for use in other locations.
Your use of or access to this Site should not be construed as us purposefully availing
ourselves of the benefits or privilege of doing business in any state or jurisdiction other
than Pennsylvania. Those who access or use this Site from other jurisdictions do so at
their own volition and are responsible for compliance with local law. Some jurisdictions,
such as the State of New Jersey, do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages. Accordingly, in
certain jurisdictions, some of the above provisions may not apply to you; all other
provisions of these Terms remain in full force and effect.
25. Notice for California Users.
California consumers can learn more about their additional rights at
California
Disclosures.
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 customercare@ae.com
.
26. 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.
27. Questions.
If you have any questions or comments regarding these Terms, our Privacy Notice
, or this
Site, please feel free to contact us by e-mail at customercare@ae.com.
