Thank you for joining ShoePrivée. 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
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.
Subject to the terms and conditions of this Agreement, ShoePrivée.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 ShoePrivée.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 ShoePrivée.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 ShoePrivée.com in advance and in writing. ShoePrivée.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if ShoePrivée.com believes that client conduct violates applicable law or is harmful to ShoePrivée'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 ShoePrivée.com. Product representations expressed on this Site are not made by ShoePrivée.com.
ShoePrivée.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 ShoePrivée.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 ShoePrivée.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
This Site is owned and operated by ShoePrivée.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 ShoePrivée or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by ShoePrivée, 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 ShoePrivée'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. ShoePrivée does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by ShoePrivée. Any rights not expressly granted herein are reserved by ShoePrivée.
As a Registered user of ShoePrivée, 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.
As a member of ShoePrivée, 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 of ShoePrivée, you'll be able to choose from our weekly selections of top-of-the-line shoes and accessories. Because we are adding new selections all the time, you'll be sure to find lots of great items to add to your collection. You may cancel your membership at any time by calling 866-480-6519 or by clicking the "Cancel Account" button at the bottom of the My Account page.
For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future shipments 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.
Store credits may be applied to any purchase, in whole or part, at an equal dollar value to cash. 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 ShoePrivée membership is terminated for any reason -- whether you choose to cancel or if ShoePrivée 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. ShoePrivée reserves the right to change these terms and conditions at our discretion, and may terminate the credits program at any time.
Shipping and return of any merchandise ordered through the Site or in connection with your membership are subject to the ShoePrivée Shipping and Return Policies. All returns must be made within 30 days of the original purchase.
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.
The risk of loss and title for items purchased by you pass to you upon ShoePrivée's delivery of the items to the carrier pursuant to the ShoePrivée Shipping Policy.
You may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States, but at this time ShoePrivée is only available to customers resident in the United States.
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.
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.
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 exclusively 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.
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 SHOEPRIVÉE ON AN "AS IS" BASIS. SHOEPRIVÉE 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, SHOEPRIVÉE 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. SHOEPRIVÉE DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOEPRIVÉE 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 SHOEPRIVÉE'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 SHOEPRIVÉE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SHOEPRIVÉE'S LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ShoePrivée shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ShoePrivée 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, ShoePrivée shall immediately issue a refund to your credit card account in the amount of the charge.
All Site design, text, graphics, the selection and arrangement thereof, Copyright 2010, ShoePrivée.com, Inc. ALL RIGHTS RESERVED. ShoePrivée respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our client services department.
You agree that ShoePrivée's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that ShoePrivée shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that ShoePrivée 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 ShoePrivée 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 ShoePrivée of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This Site may contain links to websites controlled by parties other than ShoePrivée (each a "Third Party Site"). ShoePrivée may work with certain partners and affiliates whose sites are linked with ShoePrivée. ShoePrivée 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. ShoePrivée makes no guarantees about the content or quality of the products or services provided by such sites. ShoePrivée is not responsible for webcasting or any other form of transmission received from any Third Party Site. ShoePrivée is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ShoePrivée 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 ShoePrivée is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
By continuing your 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.