is expressly understood and agre

2021/05/21

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. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars.

These websites may be operated by companies that are not affiliated with Steve Madden, and may have different privacy policies and terms of use. madden HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. 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.

You assume the risk of verifying the accuracy of such information posted through independent investigation. JOIN NOW

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.

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. We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. The Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Steve Madden governing your use of the Website, superseding any prior agreements between you and Steve Madden with respect to the Website. 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. madden cuff sandals steve trim plate metal

Please see our refund and exchange policies. It may not contain trade secrets (unless you own them or have the owner's permission to transmit them); It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks; It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful; It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you; It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age; You may not solicit money, investments or make any offering of securities or investments; You may not submit chain letters or pyramid schemes; and. Your use of the Website does not grant you any rights or licenses relating to the Steve Madden Intellectual Property, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in the Terms of Use. You may obtain a return authorization by visiting our Returns Center or via phone, Live Chat or e-mail. Users who violate the Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. Use of the Website is a privilege.

Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful; Advocate illegal activity or an intention to commit an illegal act; Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content; Email or transmit content that constitutes a "pyramid" or similar scheme; Email or transmit content that infringes on the intellectual property or the right of any entity or person; Advertise or otherwise engage in any commercial endeavor without Steve Madden's explicit, written permission; Intentionally or unintentionally violate any applicable local, state, national or international law; Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or. To read more about us, please view our About Us page located at www.stevemadden.com/about. 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. 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.

The Website may contain links to other websites for your convenience and information.

Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement (for example, a department or specialty store). 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. In addition, you specifically agree not to use the Website to do any of the following: If you choose to provide any personal information via the Website, the information will be used only for certain purposes, as described in our Privacy Policy. You may only create and use an account for your own personal use.

Free Shipping promotion is only valid for shipping addresses in the United States excluding Alaska, Hawaii, US Virgin Islands, Puerto Rico, Guam, military and air force bases.

To the extent that the terms and conditions of any such specific rules conflict with these Terms of Use, the terms and conditions of such rules shall control. Any information, materials, suggestions, ideas or comments you send to us (collectively, "Submissions") will be deemed non-confidential, and by submitting it, you are granting us an irrevocable, royalty-free, perpetual and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Policy. Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Website. You will receive an email with your discount code shortly. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by the Terms of Use or by applicable law. Access to third-party websites from the Website is done at your own risk. Steve Madden does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. For your convenience, we accept returns for online orders at Steve Madden stores (only stores in the USA excluding Colorado, Utah and Savannah, GA locations). 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"). SHOP NOW, Shop Now, Pay Later with Afterpay or Klarna.

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.

We are not responsible for screening, monitoring or verifying such content in the Forums, including such content's accuracy, reliability or compliance with copyright or other laws, as further set forth below.

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"). 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.

Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it. To the fullest extent permitted by applicable law, Steve Madden shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email.

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.

You may not submit opinions or notices, commercial or otherwise.

The Website has e-commerce functions and is intended to facilitate the offering for sale of our products by Steve Madden, as well as to provide access to other informational and promotional materials. 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.

used on the Website.

Click here to view our full Return Policy.

Please note, this promotion may not be combined with any other offers unless explicitly noted.

Governing Law. Phone number will be used to look for your account in stores. 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.

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. Check out our Terms and Conditions or Learn More. All terms and conditions are applicable to the extent permitted by law. We reserve the right, at our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Website.

Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 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. Thank you for subscribing! If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Use of the Website constitutes acceptance of these terms and conditions and of the Steven Madden, Ltd. Privacy Policy. We appreciate your patience. 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. 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. We also offer expedited shipping on merchandise that is in stock. 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.

You will receive an email when your return is received and your refund has been processed. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER STEVE MADDEN NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE. Learn More. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated.

For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. 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 STEVE MADDEN WEBSITES, TO 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. By submitting content to a Forum, you grant Steve Madden a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world on the Website or any other media, now known or hereafter devised; and (b) use the name that you submit in connection with such content.

Clearance items and earring purchases cannot be returned or exchanged. 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. 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. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You may not purchase any item from the Website for resale by you or any other person, and you may not resell any item purchased from the Website. It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses.

"You" or "your" refers to the person accessing the Website and agreeing to the Terms of Use. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose.

We attempt to ensure that information on the Website is complete, accurate and current. Shipping charges are not refundable. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the Terms of Use set forth herein. 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. All expedited orders must be placed before 1pm ET.

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. 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 STEVE MADDEN WEBSITES, TO THE USE THEREOF OR ACCESS THERE TO, 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. Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Gift Cards and E-Gift Cards cannot be returned or redeemed for cash. 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. 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.

IF YOU DO NOT ACCEPT THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THE WEBSITE.

It is your obligation to review the Terms of Use before accessing the Website or making a purchase. YOUR USE OF THE WEBSITE AND PRODUCTS, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

By accessing or using the Steven Madden, Ltd. ("Steve Madden") website located at www.stevemadden.com or the Steve Madden App (collectively, the "Website"), you indicate that you have read and understand this Terms of Use Agreement (the "Terms of Use"), which incorporates by reference our Privacy Policy, located at www.stevemadden.com/privacy, and that you agree to be bound by it in its entirety. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. We do not represent that materials on the Website are appropriate or available for use in your location.

All of the rules of conduct described in the Limitations on Information Submitted section above apply to the Forums.

Since it is important to us that product reviews are impartial and honest, these incentives will be available to customers regardless of whether a review is positive or negative.

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. 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. 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. Waiver and Severability. Preorder and backorder items will ship with Standard shipping once inventory becomes available, on or about the date mentioned on the website.

We gladly accept returns of unworn merchandise within 30 days of delivery. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

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 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. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Steve Madden, and Steve Madden does not endorse any such opinions, statements or materials. 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. YOUR USE OF THE WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS OF USE AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY.

Products displayed on the Website may also be available in Steve Madden stores, while supplies last.

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"). New Arrivals, Join SM PASS for 20% off and free shipping over $50. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account.

Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever. 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. "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.

We are keeping a close eye on all orders and will update you if we anticipate a change.

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.