SM PASS Loyalty Program Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PARTICIPATING IN THE SM PASS LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS OF USE, THE STEVE MADDEN WEBSITE TERMS OF USE, AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY.  IF YOU DO NOT ACCEPT THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM. 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.   PLEASE REVIEW SECTION 9 BELOW REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS.

1. PROGRAM ELIGIBILITY AND MEMBERSHIP

The SM PASS Loyalty Program ("SM PASS" or the "Program") is offered at the sole discretion of Steven Madden, Ltd. ("Steve Madden", "we", "our" or "us"). There is no purchase, payment or credit card required to sign up for, join and/or participate in the Program. To be eligible for participation in the Program, you must be a United States resident and at least thirteen (13) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) or the applicable age of majority in their legal state of residence (collectively, "Minors") must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Steve Madden and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use.

The Program is void where prohibited or restricted by law.

By joining the Program and becoming an SM PASS member, you agree (or in the case of a Minor participant, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood and agree to be bound by these SM PASS Loyalty Program Terms of Use ("Terms") and by any changes or modifications that we may make hereto as well as all other terms of use and policies incorporated by reference. We reserve the right to revise these Terms at any time in our discretion without prior notice to you. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms or related FAQs, they will be posted on the website at SteveMadden.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and Terms of Use, which are incorporated herein by reference. Your continued participation in the Program after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our website Privacy Policy and our website Terms of Use, you cannot participate in the Program.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program at participating Steve Madden stores or online by visiting SteveMadden.com. To enroll in-store, see a sales associate at a participating store for assistance. When you enroll in-store, you will receive a welcome email that will include instructions for creating an online SM PASS account. The Program is not available at the following store locations: Colorado and Utah, or the Freebird by Steven location in Nashville, TN. To enroll online, visit SteveMadden.com and follow the Program prompts to enroll. You must have a valid SteveMadden.com account to complete your registration for the Program, regardless of whether you enroll in-store or online. It is free to sign up for a SteveMadden.com account and it is also free to enroll in the Program. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a SteveMadden.com account or to enroll in the Program.

2.2. To enroll in the Program, you will be required to provide your first and last name, valid email address, telephone number and zip code. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at 1-888-526-2881, seven (7) days a week, between the hours of 9:00 AM to 10:00 PM Eastern Time.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.

3. How the Program Works/Program Rewards/Points Redemption.

3.1. The Program allows you to earn points based on qualifying purchases and certain everyday activities such as interacting with us on Facebook and Twitter and writing product reviews. To earn points through social media network activities, you will need to connect your eligible social media accounts with your Program account. Once you earn points, you may be eligible to redeem points for certain benefits and rewards, which benefits and rewards may change from time to time and may be offered on a limited basis. Visit our FAQs and program dashboard page to learn more about how to earn points.

3.2. Purchases made at participating Steve Madden retail stores, Steve Madden outlets and online at SteveMadden.com are eligible for earning points in the Program, excluding gift card purchases, taxes, shipping and handling charges and any other fees associated with your purchase (a "Qualifying Purchase").

3.2.1. To earn points for a Qualifying Purchase made in-store, prior to completion of the sales transaction, you will be required to show your loyalty ID to the store sales associate using our free mobile app or to provide the store sales associate with one of the following: email address, telephone number, or first and last name. Points cannot be awarded for past purchases made prior to the Program launch or prior to your enrollment in the Program.

3.2.2. To earn points for a Qualifying Purchase made online, you must be logged into your SM PASS account at the time of purchase. Points cannot be earned retroactively for online orders that have already been completed prior to logging into your SM PASS account.

3.3. You will earn five (5) points for every dollar spent on a Qualifying Purchase. Points will be awarded based upon the actual price paid for a Qualifying Purchase, which purchase price will be rounded to the nearest whole dollar solely for the purpose of calculating the number of points earned. For example, if your purchase price was $9.99, for purposes of calculating the number of points earned, that purchase price will be rounded to $10.00 and you will earn fifty (50) points (10.00 x 5 points); if your purchase price was $7.49, for purposes of calculating the number of points earned, that purchase price will be rounded to $7.00 and you will earn thirty-five (35) points (7.00 x 5 points). Visit our FAQs and program dashboard page to learn additional ways to earn points without making any purchase. For point earning activities that are web-based, points can be earned on a mobile device only if "private browsing" has been disabled on your mobile browser and your mobile browser settings can accept cookies. You can check your available point balance online at any time through your SM PASS account. Please allow approximately twenty-four (24) hours after a Qualifying Purchase or Activity for your SM PASS account to update to reflect your points earned.

3.4. Program points have no cash value, cannot be sold and are non-transferable. Program accounts, points and/or rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member that is paying for the Qualifying Purchase or engaging in a qualifying Activity may accumulate points, rewards and benefits and only the Program member may redeem points that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program. Program points have no purpose or use except in exchange for the rewards or benefits offered by us under the Program, which are subject to change at any time in our sole discretion, without prior notice.

3.5. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the points credited to your SM PASS account for that Qualifying Purchase will be decreased in the amount of your refund. If you redeem earned points for a reward and later return an item from the Qualifying Purchase, the value of the reward will be returned in points to your SM PASS account; if the item is instead exchanged, the value of the reward may be reapplied to your exchanged item.

3.6. If you earned SM PASS points by connecting to a social media network as provided for on the SM PASS activities page, your points will not be deducted if you decide to disconnect from that social media network in the future. However, if you decide to connect another account, or reconnect, no additional points will be earned.

3.7. Redeemable Program points in your SM PASS account will expire if you do not complete a qualifying Activity within a twelve (12) month period (the Activity does not have to be a Qualifying Purchase). Upon completion of a qualifying Activity, your twelve (12) month time period will be reset. See the Activities page for a list of qualifying Activities, which are subject to change at any time.

3.8. Upon earning sufficient Program points to redeem a reward, click the "Redeem" button located on the reward detail page and follow the checkout instructions to complete your reward redemption. Upon completion of your reward redemption, you will receive a confirmation email. Each time that you redeem points for an award, the balance of the redeemable points available in your SM PASS account will decrease by the number of points redeemed during that redemption transaction.

3.9. When you redeem points for a reward, digital rewards will be available immediately and will be reflected on your confirmation page, as well as your SM PASS account History page; physical or other rewards will be mailed to you at the address that you provided and, while shipping times may vary, it will typically take three (3) to six (6) weeks for your reward to arrive by mail. In the event that redemption of any particular reward requires further instructions, you will receive a separate email from us.

3.10. Points may be redeemed for multiple rewards one at a time. Rewards are subject to their terms and conditions, including, by way of example and not limitation: dollar-off rewards are limited to three (3) per order/transaction (for example, if you have multiple rewards for $10 discounts, you may only use up to three (3) of those $10 discounts per order/transaction, for a maximum discount of $30 for that order/transaction); some rewards may have limitations on the number of redemptions per Program member; shipping and handling fees may be incurred by you for redemption and delivery of certain rewards; and some rewards may have expiration dates (for example, rewards for $10, $25 and $50 discounts expire sixty (60) days from date of issuance). See the "Additional Info" section located within each reward detail page for any specific terms and conditions, restrictions and/or limitations that may apply. If, for any reason, we cannot fulfill your redemption of a reward, the value of that reward will be refunded in points to your SM PASS account.

3.11. Redeemed rewards cannot be exchanged or returned for another reward, product or service or a monetary refund.

3.12. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits, qualifying Activities and other ways in which points may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases or Activities that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

3.13. We are not responsible for points or rewards that may be lost or redeemed as the result of any fraudulent activity.

3.14. We reserve the right to determine the amount of reward points in any SM PASS member's account based upon our internal records related to such member's account. A member's rewards point balance shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of points available to any member shall be final and binding.

3.15. If you have concerns regarding your SM PASS points or account activity, including, by way of example and not limitation, that points earned by you for a Qualifying Purchase or Activity have not been properly applied to your SM PASS account, please contact our customer service team by email at SMPASS@SteveMadden.com or by telephone at 1-888-526-2881, seven (7) days a week, between the hours of 9:00 AM to 10:00 PM Eastern Time.

3.16. Points can only be redeemed for rewards through your SM PASS account, unless otherwise noted by us.

4. Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Steve Madden, including Program-related communications.

4.2. You may opt-out of receiving marketing emails from Steve Madden at any time by clicking the "unsubscribe" link in the email to manage your preferences or as otherwise provided in the Steve Madden Privacy Policy. You may choose to receive only Program-related communications. Examples of these communications include emails relating to your Program account, points redemption or other Program service-related emails.

4.3. Earn 1 point each time you open a Steve Madden Email, up to a maximum of 25 points per month. Earn another point when you click the links in the email to see the latest styles available - you will receive 1 point for each click-through, up to a maximum of 25 points per month. Up to a maximum of 50 points a month in total can be earned from email activity (25 points maximum for email opens; 25 points maximum for email link click-throughs). This is applicable only to Steve Madden emails deployed by the email service provider named Responsys.

5. Privacy

We value and respect your privacy. The personal information that we collect from you in connection with the Program is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Program, providing you with any rewards or benefits that you redeem under the Program, marketing in connection with the Program, other marketing emails that you have opted in to receive and as otherwise permitted by our Privacy Policy (Link). The telephone number that you provide to us when you enroll in the Program will only be used in-store to enable us to look up your account. If you connect any of your social media network accounts to your SM PASS account, we will use your social media network account information only as permitted under our Privacy Policy and for the purpose of providing service to you under the Program and will not otherwise attempt to obtain information from, or post information using, such accounts.

6. Program Termination, Cancellation or Modification

6.1. The Program and its benefits are offered at Steve Madden's sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time, in our sole discretion and without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned points that had already accumulated.

6.2. If you decide that you no longer want to participate in the Program, you may cancel your membership at any time by contacting our customer service team at 1-888-526-2881, seven (7) days a week, between the hours of 9:00 AM to 10:00 PM Eastern Time.

6.3. We reserve the right, in our sole discretion, to terminate any member from the Program for any reason, including but not limited to, a member's failure to comply with these Terms, the Terms of Use of the Steve Madden Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Program.

6.4. If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued points and/or benefits in your SM PASS account at the time of such cancellation or termination.

7. Disclaimer of Warranties; Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:

 

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER STEVE MADDEN NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER STEVE MADDEN NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE STEVE MADDEN SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

7.3.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER STEVE MADDEN NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

8. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS STEVE MADDEN, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

9. Governing Law, Arbitration, No Class Actions

9.1. GOVERNING LAW: The Program and these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.

9.2. ARBITRATION: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND STEVEN MADDEN LTD., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, STEVE MADDEN WEBSITES,THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. 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. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S 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). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

 

9.3. NO CLASS ACTIONS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, TO STEVE MADDEN WEBSITESS, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE GIFT CARDS OR WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE.

9.4 NOTICE TO NEW JERSEY RESIDENTS. If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section V above, the disclaimer of liability for any loss or damage, and in Section IX above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section IX above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Sections V and IX above, the requirement that you indemnify Steve Madden (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section XI below, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

10. Customer Service

For information about the Program or your membership, contact our customer service team via email at SMPASS@SteveMadden.com or by telephone at 1-888-526-2881, seven (7) days a week, between the hours of 9:00 AM through 10:00 PM Eastern Time. Please also visit our FAQs for answers to frequently asked questions about the Program.