THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAAS COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. The Forums include the opinions, statements and other content of third parties. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by the Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. STEVE MADDEN DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. Check out our Terms and Conditions or Learn More. Steve Madden does not assume any responsibility or risk for your use of the Internet, nor does Steve Madden assume any responsibility for any products or services of, or hyperlinks to, third-parties. Steve Madden reserves the right to cooperate with any law enforcement authorities or court order requesting or directing Steve Madden to disclose the identity of anyone posting any content or email messages, or publishing or otherwise making available any materials or information that are believed to violate the Terms of Use or law. Waiver and Severability. "Text" includes all text on every page of the Website, whether editorial, navigational, or instructional. We want to make sure that you are satisfied with the products purchased on the Website. YOUR USE OF THE WEBSITE AND PRODUCTS, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that we have removed or disabled access to this material. Products displayed on the Website may also be available in Steve Madden stores, while supplies last. All of the rules of conduct described in the Limitations on Information Submitted section above apply to the Forums. STEVE MADDEN IS NOT RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND ANY CONSEQUENCE THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SITE. 
To the fullest extent permitted by applicable law, you further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. You may unsubscribe at any time. All terms and conditions are applicable to the extent permitted by law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. We also offer expedited shipping on merchandise that is in stock. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The failure of Steve Madden to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. Steve Madden cannot and does not guarantee or warrant that the materials contained on the Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). 
None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. used on the Website. Viruses and Transmission of Sensitive Information. The Website and its contents are not intended for the use of children. 
If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions. Phone number will be used to look for your account in stores. Gift Cards and E-Gift Cards cannot be returned or redeemed for cash. Any sweepstakes, contests, or other promotions made available through the Website or otherwise by Steve Madden may be governed by specific rules that are separate from these Terms of Use.
SHOP NOW, Shop Now, Pay Later with Afterpay or Klarna. To the fullest extent permitted by applicable law, you agree to indemnify and hold Steve Madden and its affiliates, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys' fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party. If at any time you do not agree to the Terms of Use, you must cease your use of the Website. Please see our refund and exchange policies. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. Your continued use of the Website following the posting of changes to the Terms of Use means that you accept and agree to the changes. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STEVE MADDEN IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE WEBSITE OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE. Clearance items and earring purchases cannot be returned or exchanged. You may not gather information and data on the Website from mining, robots or other extraction tools. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. and server-side code (including, but not limited to, Active Server Pages, VBScript, databases, etc.) We do not warranty any opportunities found through the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website. The promotion does not apply on Clearance Items or Gift Card orders. You also acknowledge that we may use your Submissions and any ideas, concepts or know how contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. The Website may contain links to other websites for your convenience and information. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to the Website's designated agent noted below (the "Designated Agent"). You assume the risk of verifying the accuracy of such information posted through independent investigation. If you do not accept the Terms of Use, you may not use the Website. You can either print a shipping label and drop off at FedEx location, or you can take your item(s) in to a Happy Returns Return Bar to get your refund initiated immediately. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE WEBSITE (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE OR A MAXIMUM OF $100. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law.
The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN NEW YORK, NEW YORK (OR THE CITY NEAREST TO YOU WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), THAT YOU WAIVE ANY RIGHT TO JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. Our Privacy Policy will govern any information you submit in connection with such activities. It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at info@stevemaddendirect.com); It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner); It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents. For the purposes of the Terms of Use, the following definitions apply: "Affiliates" refers to companies and divisions under the ownership of Steven Madden, Ltd. or that own Steven Madden, Ltd. "Content" includes all Text, Graphics, Design and Programming used on the Website. Steve Madden may offer features through the Website that enable you to post information and materials publicly, for example, in product reviews, chat areas, and other similar forums (collectively, "Forums"). Steve Madden does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. Use of the Website constitutes acceptance of these terms and conditions and of the Steven Madden, Ltd. Privacy Policy.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STEVE MADDEN AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, ACTUAL, SPECIAL OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STEVE MADDEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent. Steve Madden owns any and all intellectual property rights relating to the Steve Madden brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the Steve Madden brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property"). Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy. Click here to view our full Return Policy.
THE ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (AAA) HAS AN OFFICE.
Individuals under the age of 18 may not use, or submit any information to, the Website and may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website. We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. SIGN IN, Join Us In Celebrating DISABILITY PRIDE Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact info@stevemadden.com. Steve Madden is one of the most iconic fashion brands in America, offering trendsetting shoes, as well as accessories such as watches, jewelry, handbags, belts, sun wear, cold weather wear, outerwear and hosiery. "Programming" includes, but is not limited to, both client-side code (including, but not limited to, HTML, JavaScript, etc.) All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. STEVE MADDEN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. In order to facilitate communications between you and Steve Madden, the Website offers you the ability to contact us. Your use of the Website and any dispute arising out of or in connection with the Website including the Terms of Use and Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of laws provisions. We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. Subject to the terms and conditions contained in the Terms of Use, Steve Madden grants to you a single, non-exclusive, non-transferable, non-sublicenseable, limited personal license to view, access and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to shopping on the Website. All rights not expressly granted to you in the Terms of Use are reserved and retained by Steve Madden. If you are having trouble accessing www.stevemadden.com or its mobile app, please call our Customer Service Team at 1-888 SMADDEN (1-888-762-3336) for assistance. Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions: To the fullest extent permitted by applicable law, you agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. SM PASS INSIDER accounts receive Free Standard Shipping while SM Pass VIP, SUPERSTAR and ICON receive Free 2-Day Shipping on orders over $50 plus free in store return. You will receive an email with your discount code shortly. PLEASE REVIEW SECTIONS IX AND X BELOW REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available. "Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission. Your continued use of the Website constitutes your agreement to the most current version of the Terms of Use. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. For example, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Website. To the fullest extent permitted by applicable law, your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. Due to nationwide shipping volume, you may experience a delay. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THE WEBSITE.
We will not be liable for any acts or omissions by you, including, but not limited to, any damages of any kind incurred as a result of such acts or omissions. We do not represent that materials on the Website are appropriate or available for use in your location. Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. Ready to join? You may not collect or use any portion of the content of the Website in any derivative way, or download, or copy information or other matter for use of any other party. In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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