DSW TERMS OF USE

These Terms of Use apply to all visitors to or users of our website, regardless of whether a purchase is made. Your use of our website constitutes your agreement to be bound by these Terms of Use and the privacy policy, which is incorporated by reference.

IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, MAKING A PURCHASE, OR OTHERWISE PROVIDING ASSENT TO THESE TERMS. THESE TERMS OF USE APPLY TO ALL INDIVIDUALS DIRECTED TO OR USERS OF DSW.COM AND ALL OTHER DSW WEBSITES OR INDIVIDUALS WHO OTHERWISE ASSENT (“YOU” OR “YOUR”) AND ALL OF YOUR ACTIVITY ON THIS WEBSITE. REFERENCES TO “DSW.COM” OR “THIS WEBSITE” SHALL REFER GENERALLY TO ALL OF DSW’S WEBSITES, INCLUDING MOBILE APPLICATIONS. “DSW,” “US,” OR “WE” SHALL MEAN DESIGNER BRANDS INC. AND ANY OF ITS PREDECESSORS, SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS. YOUR USE OF THIS WEBSITE OR OTHER MANIFESTATION OF ASSENT CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. YOU MAY BE SUBJECT TO ADDITIONAL TERMS IN CONNECTION WITH OTHER PROGRAMS, GOODS, OR SERVICES ASSOCIATED WITH DSW.

NOTE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

DISPUTE RESOLUTION (INCLUDING MANDATORY PRE-DISPUTE RESOLUTION; ARBITRATION, CLASS ACTION WAIVER AND INDIVIDUAL RELIEF; AND JURY TRIAL WAIVER).

Mandatory Informal Dispute Resolution Process.

There might be an occasion in which a Dispute (as defined below) arises between you and DSW. Should such a situation arise, DSW is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and DSW, both parties agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding as set forth below.

This informal dispute resolution process is a condition precedent and prerequisite to commencing arbitration or a proceeding in small claims court.

This process requires that one party send a written description of the Dispute, including the nature and basis of the claim and the nature and basis of the specific relief sought (with a calculation for it), to the other party that also includes contact information (name, address, email, phone number, and VIP number if applicable) (the “Notice”). For any Dispute you initiate, you agree to send this Notice, along with your contact information sufficient for DSW to identify your transaction, account, or other relevant information with DSW to the attention of our Legal Department at customerservice@dsw.com or via certified mail to 4150 E. Fifth Avenue, Columbus, OH 43219, Attention: Legal Department. For any Dispute we initiate, we will send the Notice to the address we have on file for you. The party initiating the Dispute must personally sign the Notice (along with an attorney if you or we are represented).

You and DSW then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference between you and DSW if the party that receives the Notice requests one. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if it is not resolved within sixty (60) days after receipt of the fully completed Notice, you and DSW agree to the further dispute resolution provisions below.

The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enforce the terms of this mandatory informal dispute resolution process and to enjoin the filing or pursuit of an arbitration demand for non-compliance. A party may also seek monetary relief in connection with non-compliance in arbitration or small claims court.

Binding Arbitration; Class Action Waiver and Individual Relief.

• Arbitration. Any Dispute between you and DSW that cannot be resolved informally as detailed above shall be resolved through individual arbitration or in small claims court.
• The term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to us or our relationship including but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these or any prior Terms of Use; (3) claims that arise after the termination of these Terms of Use; and (4) claims that are the subject of purported class action litigation. Notwithstanding the forgoing, either you or DSW may elect to have a Dispute heard (1) in small claims court on an individual basis if the amount in controversy is properly within the jurisdiction of an appropriate small claims court so long as the matter remains in that court and is not removed or appealed to a court of general jurisdiction. or (2) in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights.
• The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). may deliver any required or desired notice to us by mail to Designer Brands Inc. Deputy General Counsel, 810 DSW Drive, Columbus, Ohio 43219 or to you at the address we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and that party’s attorney if they are represented). By signing the demand for arbitration, the party (and their counsel if they are represented) are certifying that they have complied with: (1) the mandatory pre-dispute resolution process and (2) all of the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate parties and counsel as a court would.
• This arbitration agreement shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its applicable Consumer Arbitration Rules (the “AAA Rules”) as modified by this agreement. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this agreement and the AAA rules, this agreement shall govern. If the AAA is unable to administer a proceeding under this agreement as written, the parties shall agree on a substitute arbitration organization that will do so. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration agreement as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court. An arbitration award shall have no preclusive effect in any proceeding involving a different party. You and we agree to personally appear at any initial telephone conference with the arbitrator and at any hearing, along with your and our counsel if you and we are represented.
• Payment of filing and other fees shall be governed by the AAA’s Consumer Arbitration Rules. For purposes of determining whether a claim or counterclaim was filed for purposes of harassment or is patently frivolous, the arbitrator may consider, without limitation, whether a party had previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased or whether the proceeding is part of multiple case filings. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
• THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER DSW CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. 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. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION AGREEMENT ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION AGREEMENT AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
• If fifty (50) or more claimants (including you) assert similar claims against DSW through the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures will apply and that the resolution of your Dispute might be delayed if you or your counsel choose to be part of a “mass arbitration.”
  • Counsel for the claimants and counsel for DSW will each select twenty (20) claims (per side) to be filed first and to proceed in individual arbitration proceedings, each with a separate and different arbitrator, as part of an initial set of staged proceedings. Any remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed as to those claims unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. Each arbitrator shall aim to issue their award within 120 days of appointment. The number of cases to proceed in this set may be modified by agreement. After the initial forty (40) cases are adjudicated, settled, or withdrawn, counsel for the claimants and counsel for DSW shall participate in a global mediation session for all remaining claims with a retired federal or state court judge, and DSW will pay the mediation fee. To the extent the remaining claims are not resolved, counsel for the claimants and counsel for DSW will work together in good faith to further refine procedures and build in efficiencies for the next sets of staged proceedings.
  • If the remaining claims are not resolved at this time, counsel for the claimants and counsel for DSW shall each select forty (40) claims to be filed (per side) and to proceed in individual arbitration proceedings, each with a separate and different arbitrator, as part of a second staged process. No arbitrator from the first set of staged proceedings may be assigned to a case in the second set of staged proceedings. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. Each arbitrator shall aim to issue their award within 120 days of appointment. The number of cases to proceed in this set may be modified by agreement. After these eighty (80) cases are adjudicated, settled, or withdrawn, counsel for the claimants and counsel for DSW shall participate in a global mediation session for all remaining claims with a retired federal or state court judge, and DSW will pay the mediation fee. To the extent the remaining claims are not resolved, counsel for the claimants and counsel for DSW will work together in good faith to further refine procedures and build in efficiencies for the next sets of staged proceedings.
  • If the remaining claims are not resolved at this time, counsel for the claimants and counsel for DSW shall each select one hundred (100) claims to be filed (per side) and to proceed in individual arbitration proceedings as part of each subsequent set of staged proceedings. The same arbitrator may be assigned to up to five (5) cases, to be adjudicated individually, as part of any set of staged proceedings beginning with the third set (which can be increased by agreement of the parties.). The remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. Each arbitrator shall aim to issue their award within 120 days of appointment. The number of cases to proceed in any set may be modified by agreement. The parties are encouraged to work together in good faith and meet and confer to discuss resolution of claims, modifications to procedures, increasing the number of cases to be adjudicated in any set of staged proceedings, and implementing measures to ensure that arbitration is efficient and cost-effective. Between any sets of staged proceedings, counsel for claimants may elect to have a global mediation session and DSW will participate. This process shall repeat until all claims are adjudicated, settled, or withdrawn.
  • You and DSW agree that the Parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either party may negotiate with the arbitration administrator for reduced arbitration fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration. If the mass arbitration procedures are deemed unenforceable, the parties shall work together and agree to an organized and efficient process to stage or batch proceedings that takes into account the mutual interests identified above.

Jury Trial Waiver.

If for any reason a claim may proceed in court rather than in arbitration, the parties waive any right to a jury trial to the fullest extent permitted by law. This means that any claim would be decided by a judge, not a jury.

Survival.

The dispute resolution provisions, including the arbitration agreement, shall survive any termination of these Terms of Use. Any amendments to this arbitration provision shall be prospective only and shall not affect any pending claim or arbitration proceeding for which DSW has notice.

Severability.

Except as otherwise provided, if any portion of these Terms is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to the terms contained herein.

Applicable Law.

The law applicable to the interpretation and construction of these Terms of Use in any arbitration, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Ohio, USA, without regard to principles of conflict of laws. If any Dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.

Venue.

You and DSW agree that to the fullest extent permitted by law, the state and federal courts located in Columbus, Ohio shall have exclusive jurisdiction over any claims (except for claims heard in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Terms of Use or any of its provisions. You and DSW consent to the jurisdiction of those courts and waive any objection as to personal jurisdiction or as to the laying of venue in such courts and waive any right to seek to transfer or change venue of any such action to another court.

Copyright Notice and use of Website.

The design of This Website and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from This Website (including without limitation, the look and feel, all text, photographs, images, video and audio) are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from This Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit This Website. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, DSW reserves the right to seek all remedies available by law and in equity. DSW reserves the right to block or deny access to This Website to anyone at any time for any reason.

Trademarks.

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

Products, Content and Specifications.

All features, content, specifications, products and prices of products and services described or depicted on This Website are subject to change at any time without notice. DSW makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on This Website at a particular time does not imply or warrant that these products or services will be available at any time.

Accuracy of Information.

We attempt to ensure that information on This Website is complete, accurate and current. Despite our efforts, the information on This Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on This Website. For example, products included on This Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on This Website. In addition, we may make changes in information about price and availability without notice. Further, pricing information on other Websites that claim to represent correct pricing on This Website may not be correct or current. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. To the fullest extent permissible by applicable law, we reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Linking to This Website.

Creating or maintaining any link from another website to any page on This Website without our prior written permission is prohibited. Running or displaying This Website or any information or material displayed on This Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to This Website must comply with all applicable laws, rule and regulations.

Special Notice on Search Engine Optimization.

DSW has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any dsw.com webpage is prohibited absent express written permission from DSW. Framing, inline linking or other association of This Website or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from This Website is expressly prohibited.

Third Party Links.

Periodically, links may be established from This Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to This Website. None of these links should be deemed to imply that DSW endorses the Third Party Sites or any content therein. DSW does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and DSW will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

User Information.

Other than personally identifiable information, which is subject to This Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to This Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. To the fullest extent permissible by applicable law, we will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. If you are accessing and using This Website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person’s wrongful use of This Website.

Your Account.

You may choose to create a DSW account on This Website. If you do, you will have a password for your account. To protect your account, you should choose a password different from names, birthdays or street addresses associated with you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. To the fullest extent permissible by applicable law, you agree to accept responsibility for all activities that occur under your account or password. DSW may revoke your right to have an Account at any time at DSW’s sole discretion.

User Conduct.

You shall NOT do any of the following: (a) attempt to modify or “hack” This Website; (b) access any area on This Website which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of This Website; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of This Website; (f) access This Website through the use of an automated mechanism and extract data; (g) use This Website for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful; and (h) jeopardize the operation of computer systems owned by DSW or the reputation of DSW. DSW reserves the right, in its sole discretion, to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or terminate your use of this Website or your DSW account, for violation of this section or violation of any other terms herein.

DISCLAIMERS.

USE THIS WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DSW, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE AND NEITHER DSW, ITS SUPPLIERS, NOR THEIR AFFILIATES MAKES ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW IN NEW JERSEY BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH LIMITATION OR PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY.

To the fullest extent permissible by applicable law, DSW does not assume any responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing This Website, or your downloading of any information or materials from This Website. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DSW SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE (EXCEPT IN NEW JERSEY WITH RESPECT TO THE AVAILABILITY OF TREBLE DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT), INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE TO CEASE USING THIS WEBSITE IMMEDIATELY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU ACKNOWLEDGE THAT DSW HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH PRODUCTS OR SERVICES, AND YOU AGREE THAT YOUR SOLE REMEDY FOR BREACH OF WARRANTY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY. ALTERNATIVELY, YOU MAY SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES FROM DSW IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICIES POSTED ON THIS WEBSITE.

Revisions to these Terms of Use.

DSW may update or revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Website Terms of Use because they are binding on you to the fullest extent permissible by applicable law. Certain provisions of these Website Terms of Use may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of This Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Entire Agreement.

These Terms of Use serve as the entire understanding and agreement regarding the subject matter of these Terms of Use. Except as set forth in the arbitration provision, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.

Filtering.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.