Mode5

Mode-5.com Terms of Use (“Terms of Use”) Welcome to the Mode 5 website: www.Mode-5.com (this “Website”).  Please review the following terms and conditions before using this Website.  These Terms of Use, which may be modified from time to time, apply to all visitors to, or users of, this Website. 

Overview: The following rules and regulations apply to all visitors to or users of the Web site, the home page of which is at www.Mode-5.com By using this Web site, you agree to be bound by these rules and regulations, as they may be modified at any time and posted on this Web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the mode-5.com Web site and its contents (including without limitation, all text, photographs, images, video and audio) are the exclusive property of Mode 5, and are protected by copyright, trademark, trade dress and other laws.

Limited License: The mode-5.com Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Mode 5 as a service to its current and prospective customers and visitors to the Web site and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Web site or any of its Materials without our express prior written permission; (b) you may not access or use the express.com Web site for any competitive or commercial purpose; and (c) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Mode 5 may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Mode 5.

Trademarks: Mode 5 retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Mode 5 and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Mode-5.com Web site. Your misuse of the trademarks displayed on the Mode-5.com Web site is strictly prohibited. You are also advised that Mode 5 will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

This Web site may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Mode 5. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Mode 5.

Special Notice: Mode 5 has a no-tolerance policy regarding the use of our Trademarks and Trade Dress in metatags and/or hidden text. Specifically, the use of our Trademarks and Trade Dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our Trademarks and Trade Dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on our Website is prohibited without our written permission. Framing, inline linking or other association of our Website or its materials with links, advertisements and/or other information not originating from our Website is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

User Submissions: The Website may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Mode 5 does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.

By submitting User Submissions, you hereby grant to Mode 5 an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Express shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Mode 5 does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein.  Mode 5 reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

Notice of Copyright Infringement: Mode 5 does not permit copyright infringing activities on the Website, and Mode 5 may remove any Materials if properly informed that any such Materials infringe on another’s copyright rights. Mode 5 will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.

If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Mode 5 by providing the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

2. Identification of the location where the original or an authorized copy of the copyrighted work exists;

3. Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Mode 5 to locate the same;

4. Information reasonably sufficient to permit Mode 5 to contact you, such as an address, telephone number, and, if available, an email address;

5. A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Our Products: All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice.  From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website.  We reserve the right to make changes in information about price, description, or availability without notice.  We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.  We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors.  The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

Comments: All comments, feedback, suggestions, ideas, and other communications (collectively, “Comments”) submitted or offered to Mode 5 in connection with your use of this Website shall be and remain property of Mode 5.  Mode 5 will be free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Your Account: You may choose to register with us through our Website and create an account (the “Account”).  If you do, you will have access to your Account by providing an email address and password.  You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer.  You agree to accept responsibility for all activities that occur under your Account.  We may terminate your Account at any time, for any reason or no reason and without prior notice to you.

Linking: Periodically, links may be established from this Web site to one or more external Web sites or resources operated by unrelated third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the mode-5.com Web site. These links should not necessarily be deemed to imply that Mode 5 endorses the Third Party Sites or any content therein.

Mode 5 does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Mode 5 will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Disclaimer: THIS WEBSITE AND ALL CONTENT OF THE WEBSITE ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER MODE 5 OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk.  Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

Returns: Mode 5 will accept returns up to 14 business days after the order has been placed. Returns will be inspected to make sure they are still new garments with original packaging and/or tagging. If signs of wear are documented, no refund will be issued. All orders are subject to a 20% restocking fee. Mode 5 does not cover return shipping for merchandise that is being exchanged or refunded. Mode 5 is not responisble for lost packages sent back from clients.

Exchanges: Mode 5 allows exchanges for up to 14 business days after the order has been placed. To request an exchange, please contact our staff with your order number and order date. Please make note of the items you wish to exchange. Upon your exchange package arrival, garments will be checked for wear before approving store credit. Store credit must be used within 3 months of recieving it. You will be notified before your store credit expires. Mode 5 does not cover return shipping for clients. Mode 5 is not responsible for lost packages sent back from clients.

Limitation of Liability: IN NO EVENT WILL MODE 5 BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MODE 5 IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.


Jurisdiction: No implication is made that the materials published on this Web Site are appropriate for use outside of the United States.  If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Mode 5 controls this Web Site from its offices within the State of Texas. The terms and conditions of this Website shall be governed by the laws of the state of Texas, without giving effect to its conflict of laws provisions.

Revisions: Mode 5 may terminate, change, suspend or discontinue any aspect of this Web site, including the availability of any features of the Web site, at any time and without notice. Mode 5 also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Mode 5 may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web site after any changes to these terms are posted will be considered acceptance of those changes.