Effective March 31, 2014
TERMS OF SERVICE
By accessing or using any features of the site located at www.paylesscorporate.com, including the career section of the site located at www.careersatpayless.com or (collectively, the “Payless ShoeSource Site”) operated and managed by Payless ShoeSource, Inc. (“Payless ShoeSource” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Payless ShoeSource Site (collectively, “Users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use the Payless ShoeSource Site. If you wish to apply for a job with Payless ShoeSource on the Payless ShoeSource Site you may have to register available at www.careersatpayless.com.
These Terms of Service set out the legally binding terms with respect to your use of the Payless ShoeSource Site. Please read these Terms of Service carefully. Your access to and use of the Payless ShoeSource Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the Payless ShoeSource Site.
Changes to the Payless ShoeSource Site
You agree and understand that the Payless ShoeSource Site, including any and all features available via the Payless ShoeSource Site, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Payless ShoeSource Site implemented after your initial access to the Payless ShoeSource Site shall be subject to these Terms of Service.
In order to access some features in the careers section of the Payless ShoeSource Site, you may be required to register, and provide an email address and other information (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Payless ShoeSource Site shall be for your individual, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services
You may use the Payless ShoeSource Site solely for your individual, non-commercial use. For example, you may use the Payless ShoeSource Site to apply for a job and/or submit a resume. You may also invite people you know to apply for a job via the Payless ShoeSource Site. You acknowledge and agree that we do not control any links to other websites, including the content of such sites, and that we do not guarantee or warrant the accuracy, integrity or quality of any such site.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Payless ShoeSource Site, except and to the extent expressly permitted under these Terms of Service;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Payless ShoeSource Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Payless ShoeSource Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose;
- reformat or frame any portion of any Web pages that are part of the Payless ShoeSource Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- interfere with other Users’ enjoyment of the Payless ShoeSource Site;
- transmit or upload to the Payless ShoeSource Site any item containing malicious content such as virus, worm, exploit, malware, or other feature designed to damage or degrade in any manner the performance of the Payless ShoeSource Site, any other website, or any computer or other device or system, or the enjoyment of the Payless ShoeSource Site by any User
- use the Payless ShoeSource Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Payless ShoeSource Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Payless ShoeSource Site to transfer or store illegal material, including any material deemed threatening or obscene;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Payless ShoeSource Site or the IT infrastructure used to operate and make the Payless ShoeSource Site available;use the Payless ShoeSource Site intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
If you believe any content or any other aspect of the Payless ShoeSource Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information: 1. A description of the copyrighted work that you claim has been infringed; 2. A description of where the material that you claim is infringing is located on the Payless ShoeSource Site; 3. Your address, telephone number and email address; 4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and 6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue. Our designated copyright agent for notice of claims of copyright infringement on the Payless ShoeSource Site may be reached at the following address: Payless ShoeSource, Inc. Attention: Vice President Corporate Communications 3231 SE Sixth Avenue, Topeka, KS 66607 With copy to: Payless ShoeSource, Inc. Attention: General Counsel 3231 SE Sixth Avenue Topeka, KS 66607.
As between you and us, the Payless ShoeSource Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Payless ShoeSource Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us, our affiliates or our licensors. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors. Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Payless ShoeSource Site are the proprietary property of Payless ShoeSource, its affiliates or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Payless ShoeSource Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Payless ShoeSource Site without the express written permission of the trademark owner. Nothing in these Terms of Service shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAYLESS SHOESOURCE SITE, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE PAYLESS SHOESOURCE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE PAYLESS SHOESOURCE SITE AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PAYLESS SHOESOURCE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE PAYLESS SHOESOURCE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE PAYLESS SHOESOURCE SITE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PAYLESS SHOESOURCE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE PAYLESS SHOESOURCE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE PAYLESS SHOESOURCE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Payless ShoeSource may display advertising prints for products sold through a Payless ShoeSource Site. Payless ShoeSource attempts to display the colors of the products shown on the Payless ShoeSource Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Limitation Of Liability
IN NO EVENT SHALL PAYLESS SHOESOURCE OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE PAYLESS SHOESOURCE SITE, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PAYLESS SHOESOURCE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, PAYLESS SHOESOURCE’ RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE PAYLESS SHOESOURCE SITE OR ANY PART THEREOF REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE PAYLESS SHOESOURCE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold Payless ShoeSource, Inc. and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorney’s fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Payless ShoeSource Site, (ii) your use of the Payless ShoeSource Site, (iii) your violation of these Terms of Service, (iv) any use of your User ID or password by you or any third party, or (v) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display on the Payless ShoeSource Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE PAYLESS SHOESOURCE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Changes to Terms of Service
We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Payless ShoeSource Site after any modifications indicates your acceptance of the modified Terms of Service.
Applicable Law and Dispute Resolution
Applicable Law and Dispute Resolution
Any dispute relative to the Payless ShoeSource Site or use or inability to use the Payless ShoeSource Site will be governed by the laws of the State of Kansas, without regard to its conflict of law provisions and shall be exclusively settled through binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Kansas, and you consent to exclusive jurisdiction and venue in such courts. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND PAYLESS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This provision is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind Payless ShoeSource in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Payless ShoeSource Site. These Terms of Service, which shall be deemed accepted by you upon your use of the Payless ShoeSource Site, constitute the entire agreement among you and Payless ShoeSource regarding use of the Payless ShoeSource Site. Payless ShoeSource’ failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect.