Thank you for joining ShoeDazzle. This Membership Agreement governs your use of this website, registration and membership. You have ten (10) days to review the terms of membership contained in this Membership Agreement. If you are not satisfied for any reason, you may simply cancel your membership without obligation.

PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY

By using the ShoeDazzle.com, Inc. website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each Client or Site visitor, "we", us" and "our" refer to ShoeDazzle.com, Inc.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Client Services Department.

YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR MEMBERSHIP 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.

Please also refer to ShoeDazzle's Privacy Policy and our Shipping, Return and Exchange Policies, which are incorporated by reference into this Membership Agreement.

USE OF THE WEBSITE

Subject to the terms and conditions of this Agreement, ShoeDazzle.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of applying for a membership, and shopping for personal items sold or offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by ShoeDazzle.com in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

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 it unless expressly permitted by ShoeDazzle.com 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.com in advance and in writing. ShoeDazzle.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if ShoeDazzle.com believes that client conduct violates applicable law or is harmful to ShoeDazzle's interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, 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.

Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of ShoeDazzle.com. Product representations expressed on this Site are not made by ShoeDazzle.com.

ShoeDazzle.com 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 conditions of this Agreement, and ShoeDazzle.com 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.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

OWNERSHIP

This Site is owned and operated by ShoeDazzle.com, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") 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 Materials 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 Materials other than those specifically identified as being provided by ShoeDazzle. Any rights not expressly granted herein are reserved by ShoeDazzle.

REGISTRATION AND MEMBERSHIP

In order to enjoy all the benefits of ShoeDazzle, you must register and become a member. Registration is easy, and there is no purchase or commitment to register. Simply take our Style Profile, use your valid email address and create a password to register your profile. At the time of initial registration, you have the option to become an official member by placing a first order and providing payment and shipping information for your account. Once you have placed your first order, you become an official member of ShoeDazzle. For your convenience as an official ShoeDazzle member, all information that you provide to register with ShoeDazzle or to become a Preferred Recurring Member is subject to ShoeDazzle’s Privacy Policy.

NO PURCHASE COMMITMENT

As a member of ShoeDazzle, you'll be able to choose from a customized selection of amazing shoes, handbags, jewelry and more that fits your look and style. Because we are adding new selections all the time, you'll be sure to find lots of great items to add to your collection. Although ShoeDazzle's goal is to provide you with designer quality style at an affordable price, there is no monthly commitment to be a member. You may cancel your membership at any time by calling 1.888.508.1888.

MONTHLY SELECTION

Monthly Selection Process

As a ShoeDazzle member, 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.

Registered Users

As a Registered user of ShoeDazzle, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter.

Non Preferred Members

As a member 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 member, 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 pick any selection in your personal showroom, and it will be shipped to you after your credit card payment is successfully processed. If you wish to view additional selections, you can request alternate shoe selections to be displayed in your personal showroom. Once our fashion stylists have determined your alternate shoe selections, you will be notified that your alternate selections are available for viewing in your personal showroom. You can pick any alternate selection, and it will be sent it to you automatically. Your selection will be sent according to our Shipping Policy. You may order additional items at $39.95 apiece. Once you've chosen your first product to purchase, you automatically become a ShoeDazzle Preferred Recurring Member.

If you do not wish to make a selection at this time, you can choose to skip your monthly selection. If you change your mind at a later date during the month, you are still able to access your personal showroom and make a purchase at that time.

Preferred Recurring Members

As a Preferred Recurring member 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 Preferred Recurring Member, you have several options on the first of each month. If you want to receive a monthly fashion selection, all you need to do is visit your personal showroom that contains the products our fashion experts have chosen for you. At this time, you can pick any selection in your personal showroom, and it will be shipped to you after your credit card payment is successfully processed. If you wish to view additional selections, you can request alternate shoe selections to be displayed in your personal showroom. Once our fashion stylists have determined your alternate shoe selections, you will be notified that your alternate selections are available for viewing in your personal showroom. You can pick any alternate selection, and it will be sent to you after your credit card payment is successfully processed. You may order additional items at $39.95 apiece. Those clients who have any valid store credits in their account may redeem one store credit, in lieu of payment for each product selection.

Please note that all preferred recurring members that neither select a pair of shoes nor skip the month by clicking the Skip the Month button before the 6th day of the month, will be charged the monthly dues and will receive a store credit. All store credits can be redeemed within 12 months of receiving the credit. Preferred recurring members that do skip the month (before the 6th day) may change their minds and purchase any available item in their showrooms. If you receive an unwanted selection, or if the selection is not completely to your liking, you may return it at our expense and we will credit your account. Simply use the return shipping label in the package (or on the website, if available) and drop it off at the shipping provider location. Please be sure to include your packing slip when returning any product. You will receive a full credit to your account, which may be used in accordance with our credit policy. To request a refund, please contact our Client Services. All refunds are subject to our Refund Policy. Please note: Credits resulting from the monthly charge on the 6th are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of ShoeDazzle.com.

Please also refer to our How It Works section, for additional details.

BILLING AND PAYMENTS

Paying By Credit Card

For your convenience, when you place your first order and become an official member, we will save your credit or debit card information and use it for all future shipments and charges which will automatically be charged to your saved card, unless you notify us online or through Client Services. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.

Using Credits

All credits are valid from one (1) year after the date issued, with no exceptions. ShoeDazzle Preferred Recurring Members are only allowed to accumulate a maximum of five (5) credits at any one time. For all ShoeDazzle Preferred Recurring Members that have accumulated the maximum number credits, each month you will have the option of using valid credits towards the purchase of monthly selections. You cannot combine credit redemption with any promotional offer. Credits can only be redeemed against a selection at the regular ShoeDazzle price. Additional fees such as international shipping, processing fees and taxes, if applicable, are additional and cannot be paid with credits. Unused credits will be forfeited if your ShoeDazzle membership is terminated for any reason—whether you choose to cancel or if ShoeDazzle cancels your membership for any reason. Your account must be in good standing to be eligible to redeem your credits. You cannot exchange credits for any other form of currency—they have no cash value. ShoeDazzle reserves the right to change these terms and conditions at our discretion, and may terminate the credits program at any time. Please note: Credits resulting from the monthly charge on the 6th are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of ShoeDazzle.com.

SHIPPING, RETURNS AND EXCHANGES

Shipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the ShoeDazzle Shipping, Return and Exchange Policies. All shoes 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. Returns for a credit will not be charged the $5.95 restocking fee.

Replacement of products and credits 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 your membership.

RISK OF LOSS

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.

LOCAL TAXES

You may be charged local sales tax, if applicable.

INTERNATIONAL ACCESS

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.

MEMBERSHIP CANCELLATIONS

We will do everything to make your membership as satisfying as possible. However, you are free to cancel your membership any time by contacting our Client Services. If you stay, you will be eligible to enjoy long-term membership rewards, such as private sales and special offers for preferred clients. Please note: Credits resulting from the monthly charge on the 6th are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of ShoeDazzle.com.

We may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.

DISPUTE RESOLUTION

If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.

DISCLAIMER AND LIMITATION OF LIABILITY

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.

TYPOGRAPHICAL ERRORS

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.

COPYRIGHT COMPLAINTS

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2008-2010, ShoeDazzle.com, Inc. 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.

REMEDIES

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.

LINKS TO THIRD PARTY SITES

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.

ADDITIONAL TERMS

By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.

You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the ShoeDazzle Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.