Thank you for joining ShoeDazzle.com, Inc. ("ShoeDazzle"). This agreement governs your use of this website ("Site"). If you are not satisfied with the terms contained herein ("Agreement"), you may simply refrain from using this Site or cancel your account without obligation.
The following terminology applies to these Terms and Conditions: "We", "us" and "our" refer to ShoeDazzle. "User," "you" and "your" refers to you, the client, member or site visitor. "Terms" refers to these Terms and Conditions. "Content" refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
By using the ShoeDazzle website, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including United States export and re-export control laws and regulations.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact our Client Services Department.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR AN ACCOUNT YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Subject to the Terms, ShoeDazzle hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sublicensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by ShoeDazzle in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by ShoeDazzle in advance and in writing. ShoeDazzle reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if ShoeDazzle believes that client conduct violates applicable law or is harmful to ShoeDazzle's interests.
ShoeDazzle may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and ShoeDazzle has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify ShoeDazzle of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, ShoeDazzle does not guarantee any confidentiality with respect to any such submissions.
By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby grant ShoeDazzle a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and ShoeDazzle's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to ShoeDazzle does not affect your other ownership or license rights in your User Submission(s).
You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You shall not submit any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.
Content provided on this site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of ShoeDazzle. Product representations expressed on this Site are not made by ShoeDazzle.
You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that ShoeDazzle has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release ShoeDazzle and its officers, directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
ShoeDazzle reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. ShoeDazzle also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, ShoeDazzle assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.
This Site is owned and operated by ShoeDazzle. All right, title and interest in and to the Content provided on this Site are owned either by ShoeDazzle or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by ShoeDazzle, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of ShoeDazzle's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Client Services Department if you have any questions about obtaining such licenses. ShoeDazzle does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by ShoeDazzle. Any rights not expressly granted herein are reserved by ShoeDazzle.
As a registered client of ShoeDazzle, you'll be able to choose from a customized selection of shoes, handbags, jewelry and more that fits your look and style. You may cancel your account at any time by calling our Client Services during hours of operation at 1-888-508-1888.
As a client of ShoeDazzle, you agree to receive emails, newsletters and other communications announcing your monthly fashion selections or assignments, and promoting any special offer(s), including third-party offers.
As a client, you will receive a monthly fashion selection, which you may view when you visit your personal showroom that contains the products our fashion experts have chosen for you. At this time, you can order any selection in your personal showroom, and it will be shipped to you after your credit card payment is successfully processed. Your purchase will be sent according to our Shipping Policy. You may order additional items throughout the site at their stated price.
If you receive an unwanted purchase, or if your purchase is not completely to your liking, you may return it at our expense and we will credit your account. Simply initiate your return online, print your pre-paid shipping label, and drop your package off at the shipping provider location. Please be sure to include your packing slip when returning any product. You will receive full store credit to your account, which may be used in accordance with our Credit Policy. To request a refund, please contact our Client Services Department. All refunds are subject to our Refund Policy. Please note that orders delivered to Alaska, Hawaii, US territories, APO/FPO addresses and Canada do not qualify for free return shipping.
As a ShoeDazzle client, each month you will receive a set of personal fashion selections, based on your style and preferences. Each month, your personal fashion showroom may change. Accordingly, ShoeDazzle cannot guarantee that a selection available in a particular month will be available in any subsequent month.
For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future shipments which will automatically be charged to your saved card, unless you notify us online or through Client Services Department. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.
ShoeDazzle store credit can be redeemed on all purchases except for gift cards, and can be applied to shipping, processing fees, and taxes. Unused credit may be forfeited if you choose to cancel your ShoeDazzle account. ShoeDazzle reserves the right to change these terms and conditions at our discretion.
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your account are subject to the ShoeDazzle Shipping, Return and Exchange Policies. All items returned for a refund are subject to a $5.95 restocking fee, to be deducted from the amount refunded to the card used for purchase.
Replacement of products and store credit to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your account.
Enrollment in the ShoeDazzle VIP Membership program (the "Program") constitutes acceptance of the following terms and conditions (the "VIP Terms"), which are entered into by you ("Member" or "you", collectively, "Members") and ShoeDazzle, Inc., (collectively "ShoeDazzle", "us", "we", or "our"). The VIP Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with VIP Membership, the Terms and Conditions offered to the non-VIP members of the website (the "Standard Terms"), as well as any other applicable terms, conditions, limitations and requirements incorporated into these VIP Terms, constitute the entire agreement between you and ShoeDazzle related to the ShoeDazzle VIP Membership program. To the extent the VIP Terms differ from the Standard Terms, the VIP Terms shall govern.
This Program is being offered as part of our beta-test program and may be available only to select users. If you sign up for a VIP Membership, you accept these terms, conditions, limitations and requirements.
You must have a ShoeDazzle account in good standing and have a valid credit card on file with ShoeDazzle (no hold on your credit card, suspension of your ShoeDazzle account or past amount owed to ShoeDazzle). We reserve the right to accept or refuse membership at our discretion for any reason.
You must be at least 18 years of age to participate in the Program. You also certify that You are legally permitted to participate and accept full responsibility for the selections made pursuant to the Program. This Agreement is void where prohibited by law, and the right to access the site and/or join the Program is revoked in such jurisdictions.
Your membership is associated with one email account and name. You may not create multiple accounts or sign up for more than one VIP Membership.
VIP Membership benefits are nontransferable and may only be used by an individual Member for that Member's personal benefit. Member benefits cannot be combined with benefits accrued by another Member. Member benefits are all prospective from the date of membership enrollment, and will not be applied retroactively to any prior purchases.
You agree that the Program and any Member benefits related thereto do not create any property rights in favor of you.
ShoeDazzle reserves the right to change or discontinue any Program or Member benefits in our sole discretion at any time without notice.
The Program offers you an opportunity to accrue certain Member benefits, which may include VIP Dollars and the opportunity to spend them on products at ShoeDazzle. "VIP Dollars" are a form of ShoeDazzle currency that may be applied as a credit towards future eligible ShoeDazzle purchases, subject to all then current VIP Dollars terms and conditions. When you are a Member, each month we deposit Paid VIP Dollars and Promotional VIP Dollars in Your Account according to your Program subscription. Your Paid VIP Dollars in this Program expire one year after the date of issuance, unless otherwise prohibited by applicable law. Your Promotional VIP Dollars awarded in this Program expire according to that promotion's stipulated terms.
In addition to monthly VIP Dollars, VIP Membership includes the following exclusive benefits:
Members-Only Pricing: Enrolled VIP Members enjoy exclusive pricing of 10-25% off full-priced products. This pricing is set at ShoeDazzle's discretion. Discounted or sale products are not eligible for VIP pricing.
Extended 60-Day Return Policy: Enrolled VIP Members also have a longer window to make returns and exchanges than non-members. Returns of VIP orders will be accepted up to 60 days from the date the original order was shipped. All other terms of our Return Policy still apply.
Free Standard Shipping: All VIP orders shipped to addresses within the contiguous United States qualify for free standard ground shipping. VIP orders shipped to APO/FPO addresses, Alaska, Hawaii, US territories or Canada receive a $5 discount on standard ground shipping charges. All other terms of our Shipping Policy still apply.
Dedicated VIP Concierge: As a benefit of membership, VIP Members have access to a dedicated Member Services phone line, for priority service and assistance. This line is for VIP Members only, and open during ShoeDazzle's normal Client Services operating hours. Members will receive the dedicated number upon enrollment, via email.
VIP Membership is a monthly (from the date of enrollment), fee-based, automatically renewing membership program. Unless you cancel your membership, the then-current renewal membership fee will be charged each month on or around the effective date of your membership to the credit card on file in your ShoeDazzle account. You can update credit card information at any time by going to My Account or by calling the VIP Concierge line. PLEASE NOTE THAT NEITHER VIP DOLLARS NOR ANY EXISTING STORE CREDIT MAY NOT BE USED TO PAY FOR YOUR VIP MEMBERSHIP.
BY ENROLLING IN VIP MEMBERSHIP, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS. YOU HEREBY AUTHORIZE SHOEDAZZLE TO CHARGE YOUR CREDIT CARD EACH MONTH AT THE THEN-CURRENT MEMBERSHIP FEE. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS HEREIN. YOUR SAME CREDIT CARD ON FILE OR THAT YOU USED TO ENROLL INITIALLY WILL BE AUTOMATICALLY CHARGED EACH MONTH, UNLESS YOU CANCEL YOUR MEMBERSHIP OR YOU DESIGNATE AN ALTERNATIVE CARD IN YOUR VIP MEMBERSHIP ACCOUNT PRIOR TO YOUR BILLING DATE. YOUR MEMBERSHIP IN VIP MEMBERSHIP IS CONDITIONAL UPON SHOEDAZZLE'S RECEIPT OF PAYMENT. IF PAYMENT CANNOT BE CHARGED TO YOUR CREDIT CARD OR IF PAYMENT IS NOT RECEIVED BY SHOEDAZZLE FOR ANY REASON, INCLUDING CHARGEBACK, SHOEDAZZLE RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE, EITHER SUSPEND OR TERMINATE YOUR MEMBERSHIP. YOU ARE REQUIRED TO PAY ANY AMOUNTS STILL OWED TO SHOEDAZZLE AT THE TIME YOUR ACCOUNT IS SUSPENDED OR TERMINATED. EXCEPT WHERE PROSCRIBED BY LAW, YOU AGREE THAT SHOEDAZZLE IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES OR OTHER NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED. NOTWITHSTANDING THE FOREGOING, UPON ENROLLMENT, YOU WILL RECEIVE AN INITIAL EMAIL WHICH INDICATES: A) ENOUGH INFORMATION REGARDING THE CREDIT CARD BEING CHARGED FOR THE MEMBER TO VERIFY THE DETAILS, WITHOUT PROVIDING FULL CARD DETAILS; B) A REMINDER THAT YOU CAN CANCEL AT ANY TIME; C) THE MEANS TO CONTACT SHOEDAZZLE IN THE EVENT THAT YOU WISH TO CANCEL YOUR MEMBERSHIP; AND D) THE AMOUNT YOUR CREDIT CARD WILL BE CHARGED.
We may terminate your VIP Membership or the Program at our discretion without notice. If ShoeDazzle chooses to terminate the VIP Membership program, you will continue to receive Program benefits through the end of your current paid monthly membership term. ShoeDazzle's failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of ShoeDazzle's rights.
You can choose to cancel your membership or opt out of the Program at any time by calling VIP Member Services or ShoeDazzle Client Services during normal operating hours. If you cancel your membership, any available VIP Dollars will remain in your account for 30 days, after which they will be removed.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships will be converted into regular, paid memberships, unless cancelled before the end of the promotional trial period.
THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SHOEDAZZLE'S TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO VIP MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR VIP MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Agreement is between you and ShoeDazzle, Inc. Communications may be directed to: ShoeDazzle, 2501 Colorado Ave Suite 325, Santa Monica, CA 90404; email@example.com; 888-508-1888. The laws of the state of California govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and ShoeDazzle that arises out of or relates to this Agreement shall be resolved by binding arbitration pursuant to the Standard Terms. You hereby agree to waive any right to trial by jury in any dispute. All capitalized terms not defined herein shall have the same meaning as in the Standard Terms.
The risk of loss and title for items purchased by you pass to you upon ShoeDazzle's delivery of the items to the carrier pursuant to the ShoeDazzle Shipping Policy.
You may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
We will do everything to make your experience as satisfying as possible; however, you are free to cancel your account any time by calling Client Services Department at 1-888-508-1888 Monday – Friday from 6 a.m. – 5 p.m. (Pacific) and speaking with a representative. If you stay, you will be eligible to enjoy long-term rewards, such as private sales and special offers for preferred clients. Please note: If you have store credit at the time of cancellation, refunds are at the sole discretion of ShoeDazzle.
We may terminate your account, without notice, for conduct that we believe violates this Agreement or our policies, is harmful to other clients or our business interests, or for an inactive account.
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. ShoeDazzle is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, our Terms and Conditions (the "Terms") provide that disputes will be resolved in binding arbitration or small claims court. ShoeDazzle's arbitration provision, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. Among other things, it specifies that ShoeDazzle will bear all costs of arbitration (unless a customer's claims exceed $75,000 or an arbitrator determines that the claims are frivolous), and that, under certain circumstances (explained in the arbitration provision), ShoeDazzle will pay a premium if a customer receives an arbitration award greater than the value of ShoeDazzle's settlement offer, and will pay the customer's reasonable attorney's fees. As part of ShoeDazzle's commitment to a fair, effective, and cost-efficient resolution of all disputes, ShoeDazzle has made its current arbitration provision available to all current and former customers. ShoeDazzle will abide by the terms of its current arbitration provision in all instances. Customers whose Terms include arbitration provisions that differ from the current arbitration provision may arbitrate pursuant to the terms of either arbitration provision at their discretion. Similarly, former customers whose Terms did not include an arbitration provision may arbitrate their disputes under the current arbitration provision.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Client Services Department at 1-888-508-1888. In the unlikely event that Shoedazzle's Client Services Department is unable to resolve your complaint to your satisfaction (or if ShoeDazzle has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, ShoeDazzle will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from ShoeDazzle to the same extent or more as you would in court. Under certain circumstances (as explained below), ShoeDazzle will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what ShoeDazzle offered you to settle the dispute.
(a) ShoeDazzle and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
For the purposes of this Arbitration Agreement, references to "ShoeDazzle "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and ShoeDazzle are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to ShoeDazzle should be addressed to: Notice of Dispute, General Counsel, ShoeDazzle.com, Inc., 2501 Colorado Ave. #325, Santa Monica, CA 90404 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If ShoeDazzle and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ShoeDazzle may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ShoeDazzle or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ShoeDazzle is entitled.
You may download or copy a form Notice from http://www.shoedazzle.com/forms/SHOEDAZZLE_Form_Notice.pdf. You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/si.asp?id=3477. (There is a separate form for California residents, also available on the AAA's website at http://www.adr.org/si.asp?id=3485.
(c) After ShoeDazzle receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, ShoeDazzle will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to ShoeDazzle at http://www.shoedazzle.com/forms/HOW_TO_COMMENCE_AN_ARBITRATION_UNDER_SHOEDAZZLE.pdf. The arbitrator is bound by these Terms. Unless ShoeDazzle and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving ShoeDazzle. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which ShoeDazzle was a party. Except as otherwise provided for herein, ShoeDazzle will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ShoeDazzle for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of ShoeDazzle's last written settlement offer made before an arbitrator was selected, then ShoeDazzle will:
If ShoeDazzle did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws ShoeDazzle may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, ShoeDazzle will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND SHOEDAZZLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and ShoeDazzle agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SHOEDAZZLE ON AN "AS IS" BASIS. SHOEDAZZLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE 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, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SHOEDAZZLE DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOEDAZZLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SHOEDAZZLE'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SHOEDAZZLE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SHOEDAZZLE'S LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ShoeDazzle shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ShoeDazzle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ShoeDazzle shall immediately issue a credit to your credit card account in the amount of the charge.
All Site design, text, graphics, the selection and arrangement thereof, are Copyright © 2008-2013, ShoeDazzle. ALL RIGHTS RESERVED. ShoeDazzle respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Client Services Department.
Shoedazzle, ShoeDazzle, the pink star logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Shoedazzle. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You agree that ShoeDazzle's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that ShoeDazzle shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that ShoeDazzle may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ShoeDazzle shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by ShoeDazzle of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This Site may contain links to websites controlled by parties other than ShoeDazzle (each a "Third-Party Site"). ShoeDazzle may work with certain partners and affiliates whose sites are linked with ShoeDazzle. ShoeDazzle is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. ShoeDazzle makes no guarantees about the content or quality of the products or services provided by such sites. ShoeDazzle is not responsible for webcasting or any other form of transmission received from any Third Party Site. ShoeDazzle is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ShoeDazzle of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that ShoeDazzle is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
By continuing your account, you accept and agree to the terms of this Agreement and any changes made by us to it. If you do not wish to be bound by this Agreement, please see above for how to cancel your account. Your edits or changes to either the online or offline versions of this Agreement or an account offer will not be effective, regardless of form.
Updated January 11, 2013