Maurices Incorporated Terms of Use

Thank you for using this service, which is owned and operated by Maurices Incorporated (“Maurices,” “we,” “us,” or “our”). To the fullest extent authorized by applicable law, these Terms of Use (“Terms”) govern all of your interactions and/or relationship with Maurices, including but not limited to via www.maurices.com or other websites that are owned or controlled by us (“Websites”), our Text Program, our mRewards Loyalty Program and any other of your interactions with Maurices (whether, for example, in person, online, over the phone, or via correspondence) (collectively referred to as the “Services”). To the fullest extent authorized by applicable law, these Terms apply to all users of the Services and govern your use of the Services as well as the products that are offered on or through the Services. These Terms incorporate Maurices’ Privacy Policy, which explains how we handle your personal information, and include legal terms and disclaimers

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS.

IMPORTANT ARBITRATION NOTICE: These terms and conditions require that most disputes between you and Maurices must be resolved in arbitration, rather than in court, and include a class action waiver. This means you and Maurices are giving up the right to have a judge and jury decide disputes between us and that you are giving up the right to bring, join, or participate in class actions. Pretrial discovery and the ability to appeal are more limited in arbitration than in court. You have a time-limited right to opt out of the individual arbitration requirement. See the “Governing Law; Dispute Resolution; Class Action Waiver” Section below for full details.

Canadian Residents Only: Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.

Table of Contents

Effective Date: 01/21/2026

Your Acceptance of These Terms

By accessing or using the Services or any of the products available thereon, you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services or any of the products available thereon.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms, you agree to the terms of our Privacy Policy. Before using the Services, please carefully review our Privacy Policy and any applicable Privacy Notices, as more particularly described in the Privacy Policy. All personal information provided to us as a result of your use of the Services will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.

Your Consent to Other Agreements

When you sign up to use a special feature of the Services, such as our text messaging, you may be asked to agree to special terms governing your use of the special feature (“Additional Terms”). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different than the terms of these Terms, the terms of the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.

These Terms May Change

Maurices reserves the right to modify or add to these Terms at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via the Services, and that your use of the Services after the effective date of the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms every time you use the Services. We may also provide notice to you of any update to these Terms in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Privacy Policy. As explained below (see Dispute Resolution), in the event of a dispute between you and Maurices, Maurices will not seek to change the terms applicable to any such dispute after the dispute arises.

Eligibility

The Services are not targeted towards, or intended for use by, anyone under the age of eighteen (18). By installing, accessing or using the Services, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence, and (b) are not located in a country that is subject to a U.S. government embargo, and/or have not been listed on any U.S. government list of prohibited or restricted parties. In addition, you agree to abide by all applicable local, state, provincial, national, and international laws and regulations with respect to your use of the Services and agree not to interfere with the use and enjoyment of the Services by other users and Maurices’ operation or management of the Services.

Your Compliance with Laws

Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements, and you agree not to access the Services in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk.

Ownership of the Services and its Content

The Services, including all its software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship and/or other information, documents, materials or content available on or through the Services (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada and any other jurisdictions from which you are able to access or use the Services or in which the Services are available. All Content and intellectual property rights in and to the Content are the property of Maurices or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.

Subject to these Terms, Maurices grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Services for personal use only in accordance with these Terms. Any use of the Services in any other manner, including, without limitation, the resale, transfer, modification or distribution of the Services, Content and the User Generated Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any right, title or interest in or to the Services, Content or User Generated Content or any intellectual property (including goodwill) therein or thereto.

You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Services or any software or other products or processes accessible through the Services. You further agree that, in accessing and using our Content as permitted by these Terms, you will keep intact any copyright or other proprietary notices on the Services and/or Content. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Content in any way except as specifically permitted by these Terms or otherwise in writing by Maurices. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.

Trademarks

The Maurices name and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Maurices (the “Maurices Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the Maurices Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the Maurices Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available through the Services is not accurate, complete or current. The Content on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content on the Services is at your own risk.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to the Services.

Registration and Account Creation

Maurices may at times require that you register and/or set up an account to access or use the Services. The decision to provide the information necessary to create an account is purely optional, however, please be advised that if you elect not to provide the required information, you may not be able to access or use certain materials or features of the Services. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.

With respect to any registration or account-creation feature you use, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your username or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify Maurices if you discover or otherwise suspect any security breaches relating to the Services. Your username and password are for your personal use only. If you use the Services, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

The Services may allow you to purchase certain products. Some situations may result in your order for products being cancelled. These include, but are not limited to: limitations on the quantities of any products available for purchase; inaccuracies or errors in product or pricing information; product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available of any product for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method (e.g., credit card) has been charged, we will issue a credit to you (e.g., refund to your credit card you used to make the purchase) in the amount of the charge.

Although we will endeavor to provide you with the most accurate information regarding our products, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Services.

Subject to applicable laws, we may amend the Services, as well as the products listed through the Services, and/or the amounts that we charge for same at any time, without prior notice.

Payment

The prices displayed on the Website are quoted in U.S. dollars only. Fees for any products do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, note that the price of any products listed on the Website do not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties, including, without limitation, any fees, customs, duties, levies and other charges that may be incurred in connection with the purchase, sale, import and/or export of any products to or from your jurisdiction, as imposed under applicable law or by a governmental agency or authority from time to time (collectively, “Taxes and Duties”). For clarity, and without limiting the foregoing, you acknowledge and agree that you are solely responsible for the payment of all Taxes and Duties in connection with your purchase of any products on or through the Website.

All orders are subject to our acceptance or rejection based on product availability, compliance with these Terms, or any other reason as determined in our sole discretion. The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. You authorize us or our third-party payment processor to charge all sums for the orders of products that you make and fees for the Service as described in these Terms or published by us, to the payment method you provide us. If you pay any fees with a credit card, we, or our third-party payment processor, may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You are responsible for all purchases using the payment method you provide. “Payment method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.

All purchases of our Products must be for your personal use only. By purchasing our Products, you agree not to resell or distribute such Products for any commercial purpose. If we suspect that you are someone who has resold our Products in the past, currently resells our Products, or intends to resell our Products in the future without our authorization, we may, without limitation, restrict sales to you, cancel your past, present or future orders, void any warranties stated herein or on the Products that you ordered, prohibit or restrict Product returns, institute order quantity restrictions, and/or suspend or close your account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order if we suspect that you are in violation of these Terms.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

User Generated Content

We may provide user comment areas, chat rooms, message boards, interactive user communities, or other areas on the Services (“Community Forums”) where users can interact with others and with us, as well as have the opportunity to submit text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, content, works of authorship, documents, data, questions, comments, suggestions, or other content, any of which may include personal information (collectively, “User Generated Content”). Nothing in this section is intended, or shall be construed, to prevent you from posting online reviews stating negative opinions about Maurices, its products, or its services.

You are responsible for User Generated Content that you post. Under no circumstances will we be liable in any way for any User Generated Content.

This means that you, not Maurices, are entirely responsible for all User Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you post is not your original work, you acknowledge and agree that it is your sole and exclusive responsibility to obtain any necessary consents, permissions, and licenses to post, upload or otherwise make it available on or through the Services.

Because we do not control the User Generated Content posted on or through the Services, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing the Services, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available on or through the Services.

You own User Generated Content, but we may use it. You own the copyright in any original User Generated Content you submit. We do not claim any copyrights in User Generated Content. However, by using the Services you acknowledge and agree that you grant us and any of our subsidiaries, affiliates, licensees, successors and assigns, an unlimited, nonexclusive, paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, copy, modify, adapt distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, commercialize and otherwise exploit for any purpose the User Generated Content you post, in whole or in part, in any and all media or form of communication whether now existing or hereafter developed. In connection with any User Generated Content, you hereby waive any and all moral rights you now or may in the future have in and to such User Generated Content. For clarity and without limiting the foregoing, Maurices has no obligation to (i) obtain any additional consent from you in connection with its use or other exploitation of any of your User Generated Content; (ii) to notify you in connection with the use or exploitation of the User Generated Content; and/or (iii) compensate you in any way in connection with the use or exploitation of the User Generated Content.

We may disclose and/or remove User Generated Content. Maurices has the right (but does not assume the obligation) to:

  • monitor the Services and all User Generated Content;
  • require that you avoid certain subjects;
  • remove or block any User Generated Content at any time without notice at our sole and absolute discretion;
  • disclose any User Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Maurices or others, or to enforce these Terms of Use; and
  • terminate your access to and use of the Services, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of User Generated Content you post, and that you will retain ownership thereof as described above.

Restrictions on User Generated Content. It is a condition of these Terms that you do not:

  • upload, post, transmit or otherwise make available:
    • any User Generated Content that is unlawful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
    • any User Generated Content that constitutes or encourages activity illegal under criminal or civil law;
    • any User Generated Content that is false, misleading, or fraudulent;
    • any User Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • any User Generated Content that violates or infringes upon the rights of others, including User Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
    • any User Generated Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company;
    • any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
    • any request for or solicitation of any personal or private information from any individual;
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • any User Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose, except as expressly agreed by you and us; and
    • any User Generated Content that promotes violence or describes how to perform a violent act.
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • violate any local, state, national or international law, rule or regulation.

By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content and have the right to grant the license set forth in these Terms; (ii) the User Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User Generated Content fully complies with—these Terms and applicable laws and will not cause injury to any person or entity.

You understand and acknowledge that: (a) Maurices has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; and (b) you will not be entitled to any compensation (nor will Maurices be obligated to negotiate with you) as a result of our use of any similar or identical material.

Maurices is not obligated to post, keep, or use your User Generated Content.

Removal of Content

In general. On certain pages of the Services, we may provide to you a tool to report objectionable User Generated Content. If that tool is not available, you can report objectionable User Generated Content and other objectionable Content by contacting us. While we do not have any obligation to remove Content from the Services merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from the Services may remain on back-up servers.

Violation of copyrights. Maurices does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing, or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that 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 that your own work, or the work of a third party for whom you are authorized to act, is featured on the Services or has been otherwise copied and made available on the Services in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services (including the URL, title and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed as follows:

Maurices Incorporated
Privacy/Online Customer Service
425 W Superior Street
Duluth, Minnesota 55802

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback

Although we do not claim ownership of User Generated Content you post using the Services, any Content you post on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services (“Feedback”) will be and will remain our exclusive property. Your submission of Feedback will constitute an assignment to us of—and you do hereby assign to us—all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

To the extent that the ownership of the Feedback does not by operation of law vest in Maurices, you agree to irrevocably and unconditionally assign, transfer and convey to Maurices, and do hereby assign, transfer, and covey, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execute will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of Maurices any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback.

Third-Party Services And Content

The Services may provide links to other websites operated by third parties. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Maurices shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Further, functionality on the Services may also permit interactions between the Services and a third-party website or online feature, including without limitation, applications that connect the Services or your profile on the Services with a third-party website. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” specific content on the Services, or a feature that lets you post to your social networking page a link to specific content from the Services or the ability to share content from the Services or your User Generated Content posted at the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third-party website and you do so at your own risk.

Modification And Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or the information, materials, products and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MAURICES, ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS, ITS AFFILIATES, (“MAURICES AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAURICES AND THE MAURICES AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

MAURICES AND THE MAURICES AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED MAURICES SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF MAURICES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER GENERATED CONTENT AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS MAURICES ON ITS OWN BEHALF AND ON BEHALF OF THE MAURICES PARTIES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, CONTENT, USER GENERATED CONTENT OR ANY OF THE PRODUCTS OR SERVICES THAT AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAURICES AND THE MAURICES PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MAURICES OR THE MAURICES PARTIES SHALL NOT EXCEED TEN DOLLARS ($10.00).

The Services gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Indemnity

You agree to indemnify, defend and hold Maurices and the Maurices Parties, and their respective officers, agents, partners and employees, harmless from any loss, damage, costs liability, claim, demand, proceeding, action or expense (including reasonable attorneys’ fees) brought, made or threatened by any third party against Maurices and/or the Maurices Parties due to, in connection with or arising out of (i) your use, misuse or access to the Services; (ii) your breach or violation of these Terms, including without limitation, any breach of your obligations, representations and warranties set forth above; (iii) your infringement or other violation of any third party right, including without limitation, intellectual property, property or privacy right; (iv) any claim that any of your User Generated Content or other materials caused damage to Maurices, a Maurices Party or any third party, including without limitation, if any material that you post using the Services causes us to be liable to another; (vi) any transaction you conduct on or through the Services or as a result of the contact facilitates by the Services; or (vii) any activity using your email address and password by you or any other person accessing the Services, the Content, the User Generated Content or any other information or materials using your account, email address, or other contact information . We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of Maurices.

Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule, provided however that the Arbitration Agreement below in the Dispute Resolution Section shall be governed by and enforced pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Minnesota and agree that such litigation shall be conducted in the courts of St. Louis County, Minnesota, or the federal courts for the United States for the District of Minnesota.

Class Action Waiver

To the fullest extent authorized by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed below for Coordinated Filings), even if you opt out of the requirement to arbitrate Disputes, you and Maurices will only bring Disputes between you and Maurices in an individual capacity and shall not: (i) seek to bring, join, or participate in any class or representative action, collective or class-wide proceeding, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or (ii) except insofar as agreed to under these Terms in the Dispute Resolution Section below addressing Coordinated Filings, consolidate or combine individual proceedings or permit another to do so without the express consent of all parties.

Dispute Resolution

Most disputes can be resolved quickly and amicably by contacting Maurices customer support via Live Chat, email, writing, calling, or SMS. For disputes that are not easily resolved or where we need a neutral third-party to decide them, this Section explains the rules of how you and Maurices will resolve those disputes, claims, or controversies, including (where applicable) by Binding Individual Arbitration.

PLEASE READ THIS SECTION CAREFULLY. THIS AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT. THE ARBITRATION TERMS IN THIS SECTION SHALL NOT APPLY TO THE EXTENT THAT THEIR INCLUSION WOULD MAKE THESE TERMS VOID.

Disputes. To the fullest extent authorized by applicable law, this agreement applies to any “Dispute” between you and Maurices. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Maurices that arise out of your interactions and/or relationship with Maurices (e.g., your use of the Services or to your experiences with or in Maurices, or purchases from Maurices (whether online or in a physical store) whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it. Where this agreement has been accepted by the parent or guardian of a minor asserting a claim against Maurices, or if Maurices has a claim against the minor child of a parent or guardian who has accepted this agreement, the requirement to arbitrate will apply to the claims by or against the minor.

The only exceptions to this arbitration requirement are: (i) claims that are properly brought as individual actions in a small-claims court in the county where you reside or in St. Louis County, Minnesota; (ii) pursuit of authorized enforcement actions through a government agency; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Maurices right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual-property infringement; (vi) claims that are the subject of a class action settlement from which you have opted out of the settlement class; and (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis.

Informal Resolution. If you have a Dispute against Maurices or if Maurices has a dispute against you, you and Maurices will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Maurices will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Maurices receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

You must send any Notice of Dispute by email or via U.S. mail to one of the following addresses: Maurices Customer Service, 425 W. Superior St, Duluth, MN 55802; customerservice@maurices.com.

Maurices will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any mailing address you have provided Maurices. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.

The Notice requirement is designed to allow Maurices (or you, in the case of a dispute Maurices asserts against you) to make a fair, fact-based offer of settlement if Maurices or you choose to do so. You and Maurices cannot proceed to arbitration unless this information has been provided. In the event of a dispute between you and Maurices over whether a Notice of Dispute complied with these Terms, including whether a Notice of Dispute was delivered or contained all required information, such dispute will to be decided by a court, not an arbitrator. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.

Mandatory Binding Individual Arbitration. Except as expressly provided below, and to the fullest extent authorized by applicable law, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between you and Maurices (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”). Under no circumstances does Maurices consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

“Arbitration” means that Disputes between you and Maurices will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

“Individual” means that the arbitrator may award the same remedies to you or to Maurices as a court could, but only to satisfy your or Maurices’ individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

“Binding” means that both you and Maurices will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

Opt-out. You may opt out of this Arbitration Agreement, but not the class action waiver, if you send Maurices a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Once the 30-day period has expired, you may only opt-out of future material changes to the Mandatory Binding Individual Arbitration by sending written notice within thirty (30) days after Maurices provides notice of those changes (unless a longer period is required by applicable law). Any opt-out notice shall be sent to Maurices at: Maurices Customer Service, 425 W. Superior St, Duluth, MN 55802.

To be valid, the opt-out notice must be sent to Maurices from the individual who wants to opt-out (or that individual’s parent or guardian) and include (a) the opting-out individual’s full name, mailing address, and email address, (b) a clear statement that the individual wants to opt-out of the Binding Individual Arbitration, or wants to opt-out of a material change to the Binding Individual Arbitration, as applicable, and (c) the opting out individual’s signature (or the signature of the that individual’s parent or guardian, if the individual is a minor). If opting-out of a material change, the notice must also identify the specific material change of which you want to opt-out. An opt-out notice applies only to the Binding Individual Arbitration; all other parts of these Terms (including the class action waiver) will still apply to the opting-out individual and Maurices, to the fullest extent allowed by applicable law. Further, an opt-out notice is prospective only and does not revoke or otherwise affect any previous agreement to the Binding Individual Arbitration requirement. By opting out of a material change to the Binding Individual Arbitration, you agree to arbitrate any Dispute that arose prior to the opt-out in accordance with the language of the last version of the Binding Individual Arbitration that you accepted.

Small Claims Not Subject to Arbitration. Either party may bring individual Claims in small claims court either in the county where you reside or in St. Louis County, Minnesota.

Arbitration Provider. For all Disputes not resolved by Informal Resolution process above, the complaining party will initiate arbitration before National Arbitration and Mediation (“NAM”), https://namadr.com, or any successor to NAM which is an alternative dispute resolution provider (“ADR Provider”).

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. You will send a copy of any Demand for Arbitration by email or via U.S. mail to the following addresses: Maurices Customer Service, 425 W. Superior St, Duluth, MN 55802; customerservice@maurices.com. Maurices will send any Demand for Arbitration to the email address and to any mailing address you have provided to Maurices.

The arbitration will be conducted by a single arbitrator with experience resolving similar Disputes. The arbitrator will apply this Section and all other applicable contractual terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.

Arbitration Rules. The arbitration will be conducted under the then-prevailing NAM Comprehensive Dispute Resolution Rules and Procedures (“Arbitration Rules”). Instructions for filing a Demand for Arbitration with NAM are available on the NAM website. The arbitrator shall permit Maurices and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted. The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

Arbitration Location. For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, then it will take place in Minneapolis, MN, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence), unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings).

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules (the “Rules”).

Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and, except as expressly provided below, the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall permit Maurices and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted, and the arbitrator will have the authority to grant motions dispositive of all or part of any Claim. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Maurices to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction. Except as expressly provided below, an arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Coordinated Filings. If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Maurices will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the NAM fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Maurices until, under these Terms, the claimant’s Coordinated Case may be filed in arbitration or court.

Demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Maurices shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.

Once all Notices of Dispute have been provided to Maurices for Coordinated Cases, counsel for claimants and counsel for Maurices shall confer in good faith regarding the number of cases that will be filed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Maurices do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases but not one of the bellwether cases filed against Maurices, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Maurices.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Maurices agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Maurices must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Maurices cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Maurices will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in St. Louis County, Minnesota or if federal jurisdiction exists, in the United States District Court for the District of Minnesota and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Maurices from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Maurices reserves the right to contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Continuation in Effect. The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Maurices.

Future Terms Changes. Although Maurices may revise these dispute resolution terms in its discretion, Maurices does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.

Notice and Filing. To the fullest extent permitted by applicable law, you or Maurices must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or Maurices to bring a claim for a Dispute sooner than within one (1) year after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and Maurices will not have the right to assert the Dispute.

Governing Law. This Arbitration Agreement is governed by the FAA and federal arbitration law.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

Canadian Residents Only. Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.

Maurices mRewards Loyalty Program

Maurices may allow you to register for its mRewards Loyalty Program (“Program”), which allows you to earn points through certain activities and convert such points to reward certificates. Please see the Loyalty Program Terms of Use for more information about the terms, conditions and policies that apply to the Program.

No Assignment

These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized Maurices employee.

Waiver

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Maurices of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Severability

If all or any provision of the Dispute Resolution Section is found invalid, unenforceable, or illegal, then you and Maurices agree that the provision will be severed, and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Maurices agree that the entire Dispute Resolution and Class Action Waiver Sections will be void and unenforceable, and any dispute will be resolved in court subject to the venue and choice of law clauses specified in the Governing Law Section. For avoidance of doubt, if the requirement to arbitrate a dispute is not enforced, the class action waiver still applies unless that Section is separately and independently found not to be enforceable.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using our Websites. We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Services at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third party on or through the Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Provisions of these Terms that are intended by their nature to survive termination shall survive, including, without limitation, provisions regarding intellectual property, limitations of liability, disclaimers, indemnification, mandatory arbitration, and governing law.

Entire Agreement

These Terms (together with our Privacy Policy and any Additional Terms applicable to you, including the Text Program Terms) contain the entire understanding and agreement between you and Maurices with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Maurices with respect to the Services and your use of the Services.

Contact Us

If you have any questions about these Terms or the Services,
please send us an email: customerservice@maurices.com;
write us at: Maurices Customer Service, 425 W Superior St., Duluth, MN 55802;
or call us at 1-866-977-1542.

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