SHOEDAZZLE TERMS OF SERVICE, USE AND PURCHASEBack
Welcome to ShoeDazzle!This website located at www.shoedazzle.com (this "Site") is owned and operated by ShoeDazzle.com, Inc., a subsidiary of Just Fabulous, Inc., (the "Company") and JFGC, LLC ("JFGC" and, collectively with the Company, "ShoeDazzle"). ShoeDazzle provides website features and other products and services to you when you visit, shop or purchase itemsfromthis Site, use ShoeDazzle services, access this Site from your mobile devices, or use software provided by ShoeDazzle in connection with any of the foregoing (collectively, "ShoeDazzle Services"). ShoeDazzle provides its products and services subject to theseTerms of Service.
By using ShoeDazzle Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other ShoeDazzle product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of ShoeDazzle. ShoeDazzle may change these Terms of Service at any time without notice. You must be at least 18 years old to use this Site or Services. When we make changes, we will post them here. Your continued use of the ShoeDazzle Services or enrollment as a ShoeDazzle VIP Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any ShoeDazzle Services and immediately cancel your ShoeDazzle VIP Membership by calling one of our customer service representatives at 1-888-508-1888.
When you use any ShoeDazzle Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other ShoeDazzle Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ShoeDazzle offers members the opportunity to participate in its membership program (the "VIP Membership Program"). To become a ShoeDazzle VIP Member, simply purchase any item on this Site or through an applicable ShoeDazzle Service and elect to become enrolled in the ShoeDazzle VIP Membership Program (including the monthly, automatic purchase feature). As a ShoeDazzle VIP Member, our experts will send you a customized selection ofShoeDazzle items on the 1st day of every month. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued ShoeDazzle VIP Member, you will enjoy exclusive VIP Member-only pricing and dedicated promotions. You may cancel your ShoeDazzle VIP Membership by calling one of our customer service representatives at 1-888-508-1888.
HOW VIP MEMBERSHIP WORKS
Upon enrollment in the VIP Membership Program, you will receive new monthly customized selections of merchandise on the first (1st) day of every month. You must make a purchase or log into your account and select the 'Skip the Month' option between the 1st and 5th day of the month. If you do not make a purchase and do not 'Skip the Month' your credit card will be charged an automatic monthly membership fee of $39.95 for a member credit on the 6th until you cancel. You may cancel your ShoeDazzle VIP Membership by calling one of our customer service representatives at 1-888-508-1888.Each ShoeDazzle credit will be applied to your Account and can be redeemed toward the purchase of ShoeDazzle items (totaling $39.95 or higher) during your purchase checkout in any future month. You may 'Skip' as many months as you like, there is no obligation to buy. Even if you decide to 'Skip'any month, you may return to your Account at any time to make a purchase. As discussed below, any unused membership credits will be automatically converted into an electronic ShoeDazzle gift card twelve (12) months following issuance. The electronic gift cards never expire and work the same as membership credits, except that they are transferrable and can be used to purchase ShoeDazzle items of any price.
VIP Classic Membership
If you previously were eligible and signed up as a ShoeDazzle VIP Classic Member, you will continue to be charged $9.95 a month, all other regular VIP membership terms such as shipping, exchange and return policies apply to VIP Classic members. New VIP members are not eligible to join the ShoeDazzle VIP Classic membership program.
You may cancel your ShoeDazzle VIP Membership Account whenever you would like. If you wish to cancel your Account, simply call our Fashion Consultants at 1-888-508-1888. There is no cancellation fee. Please be advised that yourAccount may only be canceled by the registered ShoeDazzle VIP Member or the holder of the valid credit card on file related to your Account.
VIP MEMBER PERKS
As a ShoeDazzle VIP Member, you will be able to purchase items including, but not limited to, shoes, handbags, appareland other fashion items at exclusive member-only discounted prices. You will also receive free shipping on all orders over $39.00. In order to bring you this fabulous pricing, we must charge a $4.95 shipping fee for all orders under $39.00, after applicable discounts. Exchanges are also free and returns are easy!
In addition, ShoeDazzle will occasionally collaborate with premier trendsetting partners to offer specialty items at exclusive members-only prices. As a ShoeDazzle VIP Member you will also have access to exclusive member-only sales and discounts, and special collections. ShoeDazzle is always striving to create the best shopping experience to its VIP Members so additional benefits and perks may be added.
MEMBERSHIP CREDITS AND GIFT CARDS
Any membership credits issued to you will be automatically converted into electronic gift cards("JF Gift Cards") if they are unused following the twelve (12) month anniversary of issuance. As described below, JFGift Cards function almost identically to membership credits, and both constitute prepaid promotional certificates that are provided to VIP Members in connection with the VIP Membership Program. JF Gift Cards can be used by you to purchase identified merchandise at a price below the regular retail price if you are a VIP Member at the time of redemption. Non VIP Members can also use JF Gift Cardsto purchase ShoeDazzle merchandise at the regular retail price. Additionally, JF Gift Cards are freely transferrable and can be broken and applied across multiple purchases on this Site or the ShoeDazzle Services.
As of May 1, 2015, JFGC shall be the sole issuer and legal obligor with respect to all gift cards, including any membership credits issued prior to such date andconverted into gift cards. JFGCis responsible for the management and operation of the membership credit conversion and gift card program. A converted membership credit or gift card constitutes a contract between you and JFGC. By agreeing to be bound by these Terms of Service, you expressly release the Company from any liability with respect to your converted membership credits and gift cards. You acknowledge that any such liability is the sole responsibility of JFGC.
Membership credits and gift cards are not refundable or redeemable for cash. Membership credits and gift cards can only be used toward purchasing items on the Site or through the ShoeDazzle Services. Membership credits may only be redeemed in one transaction and are non-transferrable.ShoeDazzle gift cards may be redeemed in multiple transactions and are transferrable. Once you use the ShoeDazzle gift card any remaining value from the gift card will be automatically credited back to your Account under the "store credit" section. You may transfer ShoeDazzle gift cards to family members or friends who may want to try the ShoeDazzle Service.
Your Account reflects the balance of VIP Membership credits.The Account balance will be adjusted as VIP Membership credits are converted to JF Gift Cards. Membership credits and gift cards do not expire. However, JFGC expressly reserves the right to impose inactivity or dormancy fees on membership credits and gift cards in some or all states, and may begin imposing such fees at any time by providing at least thirty (30) days' advance notice, which notice shall be given by posting revised Terms of Service on this Site.
JFGC LIMITATION OF LIABILITY
JFGC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MEMBERSHIP CREDITS OR GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A MEMBERSHIP CREDIT OR GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MEMBERSHIP CREDIT OR GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
If you have any questions regarding our gift card policies please send all inquiries to JFGC, LLC, 1590 Rosecrans Avenue, Suite D-337, Manhattan Beach, CA 90266, Attention: Customer Service, or contact our representatives at 855-202-3566 or email us at firstname.lastname@example.org.
VIP Member Shipping
All orders for VIP Members over $39.00, shipped to addresses within the contiguous United States qualify for free standard ground shipping. VIP Member orders shipped to APO/FPO addresses, Alaska, Hawaii, US territories or Canada receive a $5.00 discount on standard ground shipping charges. Excluding certain promotions.
Non-VIP Member Shipping
Within the 48 Contiguous Unites States:
NonVIP ShoeDazzle clients enjoy free ground shipping on orders of $49.00 or more, not including shipping costs and taxes, within the contiguous United States. For all orders totaling less than $49.00 not including shipping costs and taxes, and shipped to an address within the contiguous United States, a flat-rate shipping charge of $4.95 will be applied, and estimated shipping time is 4-7 business days.
Premium Pink ground shipping within the 48 Contiguous United States:
Our Premium Pink ground option may reduce shipping time for rural residents and costs $6.95 per order. Estimated shipping time is 2-5 business days.
Express shipping within the 48 Contiguous United States:
For your convenience, we also offer Express Pink delivery, which costs $17.95 per order. Estimated shipping time is 1-2 business days. We make every effort to ship all Express Pink orders placed before 11:00 a.m. (PST), Monday through Friday, on the same day. All Express Pink orders placed after 11:00 a.m. (PST), Monday through Friday, will be shipped out on the next business day. Occasionally, there may be delays due to peak shipping periods, but we'll try our best to get your orders out as soon as possible.
Shipping to Alaska, Hawaii, APO / FPO addresses, and US territories:
Shipping to APO/FPO addresses and US territories is available for $14.95 per order, and estimated shipping time is up to 30 business days. Shipping to Alaska and Hawaii is available for $11.95 per order. Estimated shipping time is 9-11 business days. We currently do not offer express or ground shipping to these destinations.
Shipping to Canada:
Shipping to Canada is available for $19.95 per order, and estimated shipping time is 9-14 business days. There may be delays due to unforeseen circumstances or customs. If you haven't received your order after 4 weeks, please call Client Services at 1.888.508.1888, available 24 hours a day, 7 days a week, for assistance. We currently do not offer express or ground shipping. The customer is responsible for any duties or taxes on the value of the goods purchased, which may be imposed by the Canadian government.
Please see the chart below which summarizes ShoeDazzle's shipping rates:
Standard Shipping *
|Subtotal Amount||48 Contiguous
|Alaska, Hawaii||Canada||APO/FPO & US Territories|
|Classic Pink||Free on orders over $49.00 ($4.95 flat rate on all other orders)
Estimated shipping time: 4-7 business days*
|$11.95 per order Estimated shipping time: 9-11 business days*||$19.95 per order Estimated shipping time: 9-14 business days*||$14.95 per order Estimated shipping time: 30 business days*|
|Premium Pink||$6.95 per order Estimated shipping time: 2-5 business days*||Not available||Not available||Not available|
|Express Pink||$17.95 per order Estimated shipping time:1-2 business days*||Not available||Not available||Not available|
For orders verified before 11:00 a.m. (PST), Monday through Friday, excluding holidays. Estimated delivery times start from the first full business day after the package leaves our facility. There may be a delay of 1-2 business days for shipping to rural ZIP Codes and during peak shipping periods or promotional events.Please note: Orders to Canada may be charged additional state taxes or import fees. Currently, we do not ship overseas. Premium and Express Pink are not available for P.O. boxes.
RETURNS & EXCHANGES
If for any reason you are not happy with your selection, you can exchange an item for another item, or return it for a credit or refund, subject to the following terms and limitations.
You can exchange your VIP monthly selection for another item, or return it for a credit or a refund. You can exchange any additional items purchased in a given month, or return it (them) for a credit or a refund, unless you acquired it (them) with a ShoeDazzle credit. Any items acquired with a ShoeDazzle credit can only be exchanged or returned for a credit.
We only accept returns or exchanges up to 30 days from the original date of shipment. Any item to be returned or exchanged must be in new, unused and resalable condition. Any exchange or return should be sent back in the original, undamaged box and packaging, plus any accessories or extras that may have been included with the shipment. Due to our fabulous pricing, we are required to charge a $5.95 restocking fee for all items returned for a refund. Items exchanged for another item or returned for a credit are not charged a restocking fee.
To make a return or exchange, please follow these steps:
* Obtain a Return Merchandise Authorization (RMA) number. This allows us to process your return. You can obtain a RMA number by calling our Fashion Consultants by dialing our toll free number at 1-888-508-1888. Our Fashion Consultants will email you our pre-paid return shipping label. Alternatively, you can obtain a RMA number online by clicking on the link in the 'My Order History' section in your Boutique.
* Send the item back in the original, undamaged box and packaging.
* Attach the pre-paid return shipping label to your shipment and drop it off at any USPS or FedEx locations.
For Canada, AK, HI, APO/FPO Addresses, and U.S. Territories:
At this time, we cannot provide return shipping labels to orders delivered outside the contiguous United States or to APO/FPO addresses, and recommend using a local shipping carrier. For exchanges, an $11.95 per order shipping and handling fee applies to exchanges sent to addresses in Hawaii and Alaska. Shipping on exchanges to Canada are subject to a $19.95 charge per order, and APO/FPO and U.S. territories changes will be charged $14.95 per order for shipping.
Please prepare a package with a packing slip stating what you would like for your return.
Ship the package to our Returns Department at:
7865 National Turnpike, Bldg. B
Louisville, KY 40214
ShoeDazzle is required by law to collect sales tax on orders shipped to California, Kentucky and North Carolina. If your order is shipping to any of these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation.ShoeDazzle reserves the right to collect sales tax in any other jurisdictions if ShoeDazzle believes that such collection is required by law.
To make purchases through the ShoeDazzle Services or to become a ShoeDazzle VIP you must submit credit card information. You represent and warrant to ShoeDazzle that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize ShoeDazzle to use any updated credit card information submitted by your credit card company directly to ShoeDazzle. If you dispute any charges, you must inform ShoeDazzle within thirty (30) days upon receipt of ShoeDazzle's invoice. We reserve the right to change ShoeDazzle prices, fees or the number of Member Credits required to purchase items. Your continued use of theShoeDazzleServices after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the ShoeDazzle Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. ShoeDazzle shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of theShoeDazzleServicesis in compliance with these Terms of Service. You further acknowledge and accept that ShoeDazzle shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or anyShoeDazzle Services, which is defined as a matching and current member sign-in and user password. You shall notifyShoeDazzle immediately of any unauthorized access to your Account or any other unauthorized use of any ShoeDazzle Services.
You agree that ShoeDazzlemay, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which ShoeDazzle believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in ShoeDazzle's sole discretion and that ShoeDazzleshall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all ShoeDazzle Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing thisSite, purchasing products, providing information to ShoeDazzle, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. ShoeDazzle specifically prohibits any use of the ShoeDazzle Service, and requires all users to agree not to use the ShoeDazzle Services, for any of the following:
* Posting any information which is incomplete, false, inaccurate or not your own;
* Creating multiple accounts for the same user;
* Accessing data not intended for you or logging on to a ShoeDazzle server or account, which you are not authorized to access;
* Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
* Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
* Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
* Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
* Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
* Attempting to interfere in any way with this Site's network security, or attempting to use thisSite's service to gain unauthorized access to any other computer system;
* Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
* Attempting to interfere or interfering with the operation of this Site,ShoeDazzle's provision of services to any other visitors to this Site, ShoeDazzle hosting provider or ShoeDazzlenetworks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" thisSite;
* Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively,"User Content") that you submit or post through any ShoeDazzle Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to ShoeDazzle and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. ShoeDazzle will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. ShoeDazzle shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. ShoeDazzle retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the ShoeDazzle Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that ShoeDazzle is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the ShoeDazzle Services and its social features, you agree to respect other users of the ShoeDazzle Services in your interactions with them. ShoeDazzlereserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold ShoeDazzle and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and ShoeDazzle reserves the right to revoke any stated offer in order to correct any errors or inaccuracies.Although ShoeDazzle has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and ShoeDazzle cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. ShoeDazzle is not responsible for typographical errors regarding price or any other matter.
All orders placed through anyShoeDazzle Services are subject to ShoeDazzle's acceptance. This means that ShoeDazzle may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, ShoeDazzle will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any ShoeDazzle Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to ShoeDazzle and all rights thereto are specifically reserved. As between you and ShoeDazzle, (or any other company whose marks appear on any ofthe ShoeDazzle Services), ShoeDazzle (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any ofthe ShoeDazzle Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The ShoeDazzle logos, designs,titles, phrases, product names, photographs, images, videos and contentand the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "ShoeDazzle Intellectual Property") are owned by ShoeDazzle and may be registered in the United States and internationally. You agree not to display or use the ShoeDazzle Intellectual Property in any manner without ShoeDazzle's prior written permission. Nothing contained on this Site or in any of the ShoeDazzle Services should be construed to grant any license or right to use any ShoeDazzle Intellectual Property without the prior written consent of ShoeDazzle.
Except as otherwise provided herein, use of the ShoeDazzle Servicesdoes not grant you a license to any materials,content or features you may access on this Site or via the ShoeDazzle Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the ShoeDazzle Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by ShoeDazzle. If you make use of theShoeDazzle Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the ShoeDazzle Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMERS AND LIMITATION OF LIABILITY
ShoeDazzle publishes information within the ShoeDazzle Services as a convenience to its visitors. While ShoeDazzle attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the ShoeDazzle Services at any time without notice. The ShoeDazzle products described in the ShoeDazzle Services may not be available in your region. ShoeDazzle does not claim that the information on this Site is appropriate to your jurisdiction or that the products described inthe ShoeDazzle Services will be available for purchase in all jurisdictions.
YOUR USE OF THE SHOEDAZZLE SERVICES ARE AT YOUR SOLE RISK. THE SHOEDAZZLE SERVICES AND THE PRODUCTS OFFERED THROUGH THE SHOEDAZZLE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOEDAZZLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SHOEDAZZLEMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE SHOEDAZZLE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE SHOEDAZZLE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
SHOEDAZZLE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SHOEDAZZLE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SHOEDAZZLE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF SHOEDAZZLEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHOEDAZZLE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SHOEDAZZLE SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. SHOEDAZZLESHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONALRIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SHOEDAZZLE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SHOEDAZZLE SERVICES. IF A PRODUCT OFFERED THROUGH THE SHOEDAZZLE SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
ShoeDazzle makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the ShoeDazzle Services. Hyperlinks are included solely for your convenience, and ShoeDazzle makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. ShoeDazzle does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the ShoeDazzle Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold ShoeDazzle and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the ShoeDazzle Services by you or any other person accessing the ShoeDazzle Services using your Account; (b) the use of, or connection to, the ShoeDazzle Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
Use of the ShoeDazzle Services, membership in the ShoeDazzle VIP Membership Program, any purchases made through the ShoeDazzle Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the ShoeDazzle Services, your membership in or purchases through the ShoeDazzle Services, ShoeDazzle VIP Membership Program and/or your Account, or products purchased through the ShoeDazzle Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to ShoeDazzle or the ShoeDazzle Services must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver
Both you and ShoeDazzlewaive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the ShoeDazzle Services, your membership in or purchases through the ShoeDazzle VIP Membership Program and/or your Account, or products purchased through the ShoeDazzle Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Agreement to Pre-Arbitration Notification
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). ShoeDazzleand you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or ShoeDazzleshall send a letter to the other side briefly summarizing the claim and the request for relief. If ShoeDazzleis the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent toShoeDazzle.com, Inc., Attn: General Counsel, 800 Apollo Street, El Segundo, California 90245. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the ShoeDazzle Services, membership in the ShoeDazzle VIP Membership Program, any purchases made through the ShoeDazzle Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the ShoeDazzle Services, your membership in or purchases through the ShoeDazzle VIP Membership Program, or products purchased through the ShoeDazzle Services shall be resolved by final andbinding arbitration between you and ShoeDazzle.
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, ShoeDazzlewill reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, ShoeDazzlewill also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of ShoeDazzle's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then ShoeDazzlewill pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and ShoeDazzlewaive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to ShoeDazzle.com, Inc., c/o Legal Department, 800 Apollo Street, El Segundo, California 90245 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if ShoeDazzlemakes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to ShoeDazzle's address), you may reject any such change by sending a letter to ShoeDazzlewithin 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
Notice for California Users
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information ShoeDazzleshares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your ShoeDazzle California Privacy Rights Notice". Please allow 30 days for a response.
These Termsof Service constitute the entire agreement between you and ShoeDazzle and govern your use of the ShoeDazzle Services, and they supersede any prior agreements between you and ShoeDazzle. You also may be subject to additional terms and conditions that are applicable to certain parts of the ShoeDazzle Services. ShoeDazzle may terminate this Agreement and deny you access to the ShoeDazzle Services at any time, immediately and without notice, if in ShoeDazzle's sole discretion you fail to comply with any provision of these Termsof Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between ShoeDazzle and you as a result of this Agreement or your use of the ShoeDazzle Services.
The failure of ShoeDazzle to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Termsof Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without ShoeDazzle's express written consent. The Terms inure to the benefit of ShoeDazzle's successors, assigns and licensees. The section titles in these Termsof Service are for convenience only and have no legal or contractual effect.
Updated: September 17, 2015