Term Of Use
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DISPUTE RESOLUTION (INCLUDING MANDATORY PRE-DISPUTE RESOLUTION; ARBITRATION, CLASS ACTION WAIVER AND INDIVIDUAL RELIEF; AND JURY TRIAL WAIVER).
Mandatory Informal Dispute Resolution Process.
- There might be an occasion in which a Dispute (as defined below) arises between you and shoesclearance. Should such a situation arise, shoesclearance is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and shoesclearance, 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 shoesclearance to identify your transaction, account, or other relevant information with shoesclearance to the attention of our Legal Department at firstname.lastname@example.org 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 ShoesClearance then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference between you and shoesclearance 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 shoesclearance 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.
Binding Arbitration; Class Action Waiver and Individual Relief.
- 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 shoesclearance 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.
Jury Trial Waiver.
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.
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.
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