WEBSITE TERMS AND CONDITIONS
This is the official Terms of Use Agreement ("Agreement") for stuartweitzman.com ("Stuart Weitzman Website”, "Site", "Website", "we"). This Website is hosted by Stuart Weitzman, a brand of Caleres, Inc. ("Stuart Weitzman"). Please read this Agreement carefully because it explains your rights and responsibilities.
Your Agreement and Acceptance
By using and/or visiting this Website, you agree to be bound by (1) all the terms and conditions contained in this Agreement, and (2) Stuart Weitzman's Privacy Policy, found at stuartweitzman.com, which is incorporated herein by reference.
This Website is not intended for children under the age of 13. By using this Website, you represent and affirm that you are at least 13 years old. If you are under 13 years of age, please discontinue use of the website immediately. We reserve the right, in our sole discretion, to revise the terms of this Agreement at any time. Once posted on the Website, these changes become effective immediately, and your use of this Website following such changes constitutes your agreement to be bound by the revisions. Although we may attempt to notify you when we make major changes are made to this Agreement, you should periodically review the most up-to-date version at stuartweitzman.com to make sure you are aware of the most current terms and conditions. This Agreement shall apply to all Website users, including users who contribute video content, postings, comments, and other materials or services on the Website.
Stuart Weitzman Accounts
By creating an account, you are agreeing to all Terms and Conditions and to receive both Stuart Weitzman account holder and promotional emails from Stuart Weitzman. You may unsubscribe from receiving marketing and promotional emails at any time.
We may require you to create an account in order to access some features of the Website. When creating your account, you must provide complete and accurate information as prompted.
You are solely responsible for protecting the security and confidentiality of your account password and identification, and you will be responsible for any activity that occurs on your account.
You must notify Stuart Weitzman immediately of any breach of security or unauthorized use of your account.
Stuart Weitzman will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by Stuart Weitzman or others due to such unauthorized use.
Use of the Website
Stuart Weitzman hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:
You agree to comply with all applicable local, state, national and international laws and regulations.
You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal.
You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.
You agree not to violate or attempt to violate the security of the Website, and you agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other person's use and enjoyment of the Website.
You agree not to use the Website for any commercial use.
You agree not to use the communication systems provided by the Website for any commercial solicitation purposes (for example, you agree not to solicit for commercial purposes any users of the Website regarding their User Submissions).
Stuart Weitzman reserves the right to discontinue any aspect of the Stuart Weitzman Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Stuart Weitzman Website.
The Content on the Stuart Weitzman Website, except all User Submissions (as defined below), including without limitation, the text, button icons, images, photos, graphics, sounds, music, videos, interactive features, software and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Stuart Weitzman, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "as is" and is intended solely for your personal, noncommercial use. Accordingly, you agree not to download, copy, reproduce, republish, upload, post, transmit, broadcast, display, sell, license, or otherwise distribute for any commercial purpose whatsoever any Content from this Website without the prior written consent of the respective owners. Stuart Weitzman reserves all rights not expressly granted in and to the Website and the Content.
You shall not download any User Submission unless you see a "download" or similar link displayed by Stuart Weitzman on the Stuart Weitzman Website for that specific User Submission.
User Comments are made available "as is", and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise distributed in any manner not intended by the normal functionality of the Stuart Weitzman Website or otherwise as prohibited under this Agreement.
You may access Stuart Weitzman Content, User Submissions and other content only as permitted under this Agreement. Stuart Weitzman reserves all rights not expressly granted in and to the Stuart Weitzman Content and the Stuart Weitzman Website.
You understand that when using the Stuart Weitzman Website, you will be exposed to User Submissions from a variety of sources, and that Stuart Weitzman is not responsible for the accuracy, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are offensive, objectionable, or inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stuart Weitzman with respect thereto, and agree to indemnify and hold Stuart Weitzman, its Parent Company, and its affiliates and/or licensors, harmless to the fullest extent allowed by law in connection with all matters related to your use of the Website.
In addition, we use first and third-party technologies including session replay software to enable us and third-parties to collect information about you and your interactions with our sites and services (including clicks, cursor movements, keystrokes). By using our sites or services, you agree to the use of these technologies. For more information, please see our Privacy Policy.
Resale
Items purchased from this Site are sold to you for your personal use and not for resale. You are prohibited from purchasing products for the purpose of reselling such products to others, including using any online marketplace such as, but not limited to, Amazon, eBay, Walmart.com, etc. Stuart Weitzman reserves the right, at Stuart Weitzman's sole discretion, to limit the quantity of items sold or to refuse sale of items to any customer at any time.
User Submissions
As a Stuart Weitzman account holder, you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." Stuart Weitzman does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting a User Submission, you automatically grant Stuart Weitzman with a perpetual, royalty-free, irrevocable nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and display such materials or incorporate such materials into any form, medium or technology now known or later developed.
In connection with User Submissions, you agree that you will not submit material to the Website that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, rogue programs or other harmful code or properties.
Stuart Weitzman does not endorse any User Submission or any opinion, observation, recommendation, or suggestion expressed therein, and Stuart Weitzman expressly disclaims any and all liability in connection with User Submissions.
Stuart Weitzman does not permit infringement of intellectual property rights on its Website. Accordingly, Stuart Weitzman will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Stuart Weitzman reserves the right to remove Content and User Submissions without prior notice.
Stuart Weitzman respects and honors the intellectual property rights of others. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may request removal of those materials by following our process and submitting written notification that complies with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”) to our Copyright Agent (designated below).
Attn: DMCA Agent C/o Legal Department 8300 Maryland Avenue Saint Louis, MO 63105 Email: Legal-DMCA@caleres.com
Risk of Loss
The risk of loss and title for items you purchase from this Website will pass to you upon delivery of such items to the carrier.
Termination of Access or Account
Stuart Weitzman reserves the right to refuse service, terminate accounts, or restrict or terminate your access to the Website at any time and for any reason, with or without cause, without prior notice, and without any liability or further obligation of any kind whatsoever to you or any third party. Stuart Weitzman reserves the right to decide whether Content or a User Submission is appropriate and complies with the terms of this Agreement. Stuart Weitzman may remove such User Submissions any time, without prior notice and at its sole discretion.
Links to Third Party Sites
The Website may contain links to third party websites that are not owned or controlled by Stuart Weitzman. Stuart Weitzman has no control over and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve Stuart Weitzman from any and all liability arising from your use of any third-party website. We encourage you to be aware of when you leave the Stuart Weitzman Website and to review the policies of every website that you visit.
Warranty Disclaimer and Limitations of Liability
Warranty:
THIS WEBSITE IS PROVIDED BY STUART WEITZMAN ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE STUART WEITZMAN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, STUART WEITZMAN, ITS PARENT COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STUART WEITZMAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, OR SIMILAR ROGUE PROGRAMS OR HARMFUL PROPERTIES THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STUART WEITZMAN WEBSITE. STUART WEITZMAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STUART WEITZMAN WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STUART WEITZMAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability:
IN NO EVENT SHALL STUART WEITZMAN, AND ITS SUBSIDIARIES, BRANDS, DIVISIONS, AFFILIATED CORPORATIONS, AFFILIATED PARTNERSHIPS, PARENTS, OPERATORS, ANY APPLICABLE LICENSORS, AND EACH OF THEIR TRUSTEES, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, CONSULTANTS, MEMBERS, REPRESENTATIVES, INSURERS, ATTORNEYS, ASSIGNS, EXECUTORS AND ADMINISTRATORS, PREDECESSORS AND SUCCESSORS, PAST AND PRESENT, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO, (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, ROGUE PROGRAMS, HARMFUL PROPERTIES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STUART WEITZMAN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT STUART WEITZMAN SHALL NOT BE LIABLE FOR ANY USER SUBMISSION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THESE EVENTS RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless the Website, Caleres, Inc. and its subsidiaries, brands, divisions, affiliated corporations, affiliated partnerships, parents, operators, any applicable licensors, and each of their trustees, directors, officers, shareholders, partners, agents, employees, consultants, members, representatives, insurers, attorneys, assigns, executors and administrators, predecessors and successors, past and present (“Indemnified Parties”), from and against any and all allegations, claims, demands, actions, causes of actions, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees and other legal expenses) arising from: (i) your use of and access to the Stuart Weitzman Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Stuart Weitzman Website.
INFORMAL DISPUTE RESOLUTION
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at privacyrequests@caleres.com, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
You and Stuart Weitzman agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Stuart Weitzman or you and a third-party agent of Stuart Weitzman (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
To begin an arbitration proceeding, after the completion of the Informal Dispute Resolution process, you must send us an individual letter signed by you requesting arbitration and describing your claim at Caleres, Inc., 8300 Maryland Avenue, St. Louis, Missouri 63105, USA, Attention: General Counsel. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.
Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms of Use will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stuart Weitzman will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Stuart Weitzman from seeking action by federal, state, or local government agencies. You and Stuart Weitzman also have the right to bring qualifying claims in small claims court, as defined by the applicable jurisdiction, or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Stuart Weitzman retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor Stuart Weitzman may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Stuart Weitzman individual Claims.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration, you and Stuart Weitzman each waive any right to a jury trial. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
This Arbitration Agreement Section of the Terms of Use will survive the termination of your relationship with Stuart Weitzman.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CALERES, INC. ITS SUBSIDIARIES OR AFFILIATES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Mass Arbitration Requirements
If twenty-five (25) or more similar claims are asserted against Stuart Weitzman at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such Claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Mass Arbitration Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Stuart Weitzman. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Stuart Weitzman will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Stuart Weitzman. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Stuart Weitzman will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claim and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Stuart Weitzman. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms set forth in this Agreement.
General
You agree that this Agreement and all actions contemplated by this Agreement shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles. Any claim or dispute between you and Stuart Weitzman that arises in whole or in part from your use of the Stuart Weitzman Website shall be filed and decided exclusively in the state courts in St. Louis County, Missouri, or the U.S. District Court for the Eastern District of Missouri. This Agreement, together with the Privacy Policy located at stuartweitzman.com, and any other legal notices published by Stuart Weitzman on the Website, shall constitute the entire agreement between you and Stuart Weitzman concerning the Stuart Weitzman Website. Stuart Weitzman reserves the right at all times to disclose any information as Stuart Weitzman deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Stuart Weitzman's sole discretion. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Stuart Weitzman's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.