Terms Of Conditions

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 isneakeroutlets.com AND ALL OTHER isneakeroutlets WEBSITES OR INDIVIDUALS WHO OTHERWISE ASSENT (“YOU” OR “YOUR”) AND ALL OF YOUR ACTIVITY ON THIS WEBSITE. REFERENCES TO “isneakeroutlets.com” OR “THIS WEBSITE” SHALL REFER GENERALLY TO ALL OF isneakeroutlets WEBSITES, INCLUDING MOBILE APPLICATIONS. “isneaker outlets,” “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 isneakeroutlets.

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).

• There might be an occasion in which a Dispute (as defined below) arises between you and isneakeroutlets. Should such a situation arise, isneakeroutlets is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and isneakeroutlets, 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 isneakeroutlets to identify your transaction, account, or other relevant information with isneakeroutlets to the attention of our Legal Department at [email protected] 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 Isneakeroutlets then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference between you and isneakeroutlets 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 isneakeroutlets 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.

• 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 isneakeroutlets 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 isneakeroutlets 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.
• 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.

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.

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 isneakeroutlets has notice.

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.

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.

You and isneakeroutlets 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 isneakeroutlets 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.

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.