www.dsw.com Open in urlscan Pro
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URL: https://www.dsw.com/en/us/legal/web-terms
Submission: On November 03 via api from US — Scanned from DE

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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.

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