Market by Macy’s Terms of Use

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

This website, marketbymacys.com, is operated by Market by Macy’s. The mailing address for Market by Macy’s is 529 w 20th St. Floor 9, New York, NY 10011.

All users of this website agree that their access to and use of this website are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user'sown risk. These terms and conditions are subject to change at any time without prior notice. Any changes will be reflected on the Legal Notice page of this website.

All images, graphics, code, software and other content used on or incorporated into this website are subject to intellectual property rights heldby or licensed to Market by Macy’s or its affiliates. Subject to your compliance with these terms of use, we grant you a limited, non-transferable license to make personal, non-commercial use of this website.This license does not include: (a) any commercial use of this website or its contents; (b) use of any code, copy, images or videos; (c) use of the website or its contents for the benefit of any third party; or (d) any use of data mining, robots or similar data gathering and extraction tools. This website and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information(including images, text, page layout, or form) from this website.

This website may contain errors and may not be complete or current. Market by Macy’s reserves the right to the fullest extent allowed by law to correct any errors or omissions and to change or update information at any time without prior notice.

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH IT (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ASTO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM MARKET BY MACY’S ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

To the fullest extent allowed by applicable laws, neither Market by Macy’s nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent inconnection with this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages forlost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

We cannot make any representations or warranties about any website you may access through this website. Any such website is independent from thissite and we have no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between marketbymacy.com and another website does not mean that we endorse that website. You need to make your own independent decisions regarding your interactions or communications with any other website.

We do not want to receive confidential, proprietary or trade secret information through this website. Please note that any information, materials, suggestions, ideas or comments submitted through the site will be deemed non-confidential. By submitting any such information, you are granting Market by Macy’s an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send a notice to the address listed below requesting that we remove the material or block access to it, but you must include the following information:

(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

(ii) Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.

(iii) Your name, address, telephone number, and (if available) email address.

(iv) A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.

(v) A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.

(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Agent, c/o Macy's Law Department, 11th Floor, 11 Penn Plaza New York, NY 10001 or to Infringement.Response@macys.com. We suggest that you consult your legal advisor before filing a notice or counter-notice.

If the site accepts user comments, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware thatcould in any way affect the operation of this site.

Dispute Resolution / Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (hereinafter "Class Action").

In this Agreement to Arbitrate, the term "Macy's" includes Macy's, Inc. and any of its affiliates or subsidiaries (regardless of tier and including but not limited to Macys.com, LLC), and any persons or entities (including agents oremployees) related to Macy's, Inc. or its affiliates or subsidiaries.

THIS SECTION PROVIDES THAT CLAIMS (AS DEFINED BELOW) BETWEEN YOU AND MACY'S MUST BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR FILE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES ARESIMPLER AND MORE LIMITED THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 et seq. ("FAA") AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.

You and Macy's agree that any claim, dispute, or controversy arising out of or relating to your use of this website or any product(s) or service(s) sold or other benefit offered to you by/through Macy's (except claims, disputes, or controversies concerning either (i) the validity, enforceability, or scope of any part of this Agreement to Arbitrate or (ii) intellectual property rights) shall be subject to binding individual arbitration (hereinafter "Claim" or "Claims").IN ARBITRATION, NEITHER YOU NOR MACY'S WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM. BOTH PARTIES HEREBY AGREE TO PROCEED IN ARBITRATION AND WAIVE ALL RIGHTS TO A JURY TRIAL OR OTHER TRIAL IN COURT.

You and Macy's agree that any and all Claims against each other may be brought only on an individual basis in arbitration. You and Macy's agree to forgo/waive any right or ability to file, or participatein, any Class Action against the other party and instead agree to arbitrate all Claims against the other party on an individual basis only. You and Macy's agree that Claims of two (2) or more persons may not be combined or consolidated in the same arbitration. You and Macy's agree that the arbitrator has no authority or power to arbitrate or otherwise decide any Claim on a class, collective, or other representative basis, and may award relief only on an individual basis. The arbitrator also has no power or authority to rule on his/her own jurisdiction or to determine the validity, enforceability, or scope of any part of this Agreement to Arbitrate.

All Claims are subject to arbitration, no matter what legal theory the Claims are based on and no matter what remedy (including any type of monetary relief (including but not limited to damages and penalties) and including any type of injunctive, declaratory, or other equitable relief) the Claims seek, including but not limited to: Claims based on contract, tort (including but not limited to intentional torts), fraud, agency, negligence, equity, qui tam, deceptive trade practices, any statutory or regulatory provisions (federal, state, or otherwise), or any other sources of law (federal, state, or otherwise); Claims made as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims made regarding past, present, or future conduct. You agree not to sell, assign, or transfer any Claim.

Arbitration shall be administered by the American Arbitration Association ("AAA") according to this Agreement to Arbitrate and the applicable AAA consumer arbitration rules (except any AAA or other rules permitting class, collective, consolidated, or representative arbitrations, which rules are not part of this Agreement to Arbitrate and are not applicable) in effect when the Claim is filed (hereinafter "AAA Rules"). If there is any conflict (express or implied) between the AAA Rules and the rules set forth in this Agreementto Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. You can obtain copies of the AAA Rules at AAA's website (www.adr.org) or by calling 800-778-7879. You or Macy's may choose to have an in-person arbitration hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person arbitration hearingwill be held within 50 miles of your billing address, unless you and Macy's agree on a different location.

Arbitration shall be initiated in accordance with the AAA Rules, except that the parties agree that any demand for arbitration or other similar documentwill be signed by the filing party personally (for Macy's, by an authorized non-lawyer representative) and not by an attorney. The arbitration shall be conducted by a single arbitrator in accordance with this Agreement to Arbitrate and the AAA Rules. Both you and Macy's shall participate equally in the selection of the arbitrator. The parties shall request AAA to provide a panel of seven (7) neutral arbitrators from AAA's national roster of arbitrators along with materials showing the background of each arbitrator on the panel provided. Within seven (7) calendar days after the panel is received, the parties shall take turns striking unacceptable arbitrators from the panel until only one remains. The parties then shall inform AAA of the remaining arbitrator who will decide the dispute. If both parties agree that the remaining arbitrator is unacceptable, the parties may request a second panel from AAA and the selection process will begin again. If both parties agree that no one on the second panel is acceptable, either party may request AAA to appoint an arbitrator who was not on either panel.

You and Macy's agree to limit discovery in arbitration. Each party agrees to limit their respective discovery in arbitration to: (i) depositions of up to three (3) relevant individuals; (ii) service of one set of up to twenty (20) interrogatories (including subparts); and (iii) service of one set of up to twenty (20) requests for production of relevant documents. The party takingthe deposition shall be responsible for all associated costs, including the cost of a court reporter, transcript, videographer, or video. Responses to interrogatories or document requests must be served within thirty (30) calendar days of receipt of the interrogatories or document requests. The arbitrator also may allow additional relevant and reasonable discovery consistent with this Agreement to Arbitrate.

The arbitrator must honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator must allow, and has the authority to grant, motions dispositive of all or part of any Claim. The arbitrator shall apply the substantive law, including the conflicts of law, of the state in which your billing address is/was located at the time you and Macy's entered into this Agreement to Arbitrate. For Claims or defenses arising under or governed by federal law, the arbitrator shall follow the substantive law as set forth by the United States Supreme Court and by the United States Court of Appeals and United States District Court covering your billing address at the time you and Macy's entered into this Agreement to Arbitrate.

The arbitrator shall have the authority to award individual monetary and non-monetary relief available under applicable law. The arbitrator shall issue a written award and statement of decision explaining the findings andconclusions on which the award is based, including the calculation of any damages awarded. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration and shall not have any bearing on any other person or dispute. No decision by an arbitrator shall serve as precedent in any other matter. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator's award is final and binding and is subject to judicial review only as allowed by the FAA or other applicable law.

You are responsible for paying the consumer filing fee required by the AAA Rules. Macy's will pay the other costs for the parties to access the arbitral forum that are required by AAA. The parties are otherwise responsible for their own attorney's fees, expert fees, and any other costs and expenses incurred, unless applicable law allows the arbitrator to award such fees, costs, or expenses to you for prevailing on a Claim.

Macy's may modify this Agreement to Arbitrate upon posting a revised version in its Legal Notice. Any such modification shall be effective for any Claim based on use of the website or any product or service sold or other benefit offered to you by/through Macy's after the date of such posting. Themodification will only apply prospectively and will not apply to any Claims that have arisen or accrued before the modification is posted. Your continued use of this website, purchase of a product or services, or acceptance of other benefits after the date of posting will constitute your acceptance of, and agreement to, any such modification. In the absence of such advance written notice, if the Claims arose or accrued before the effective date of the modification, or if the modification is not allowed by a court in the applicable jurisdiction, the Agreement to Arbitrate that was in effect before the modification shall govern the parties' dispute.

This Agreement to Arbitrate shall survive any termination of the relationshipbetween you and Macy's, including the bankruptcy of any party or any transfer in or change of control of Macy's. If any terms or parts of this Agreement to Arbitrate are deemed invalid or unenforceable under applicable law, the other terms/parts of this Agreement to Arbitrate shall remain in full force and effect, except that you and Macy's agree that there will never be any arbitration of any Claims on a class, consolidated, collective, or representative basis.