Terms of UseThe ninewest.com web site (the "Site") is a service of Jones Retail Corporation ("Nine West" or "we"). These
Conditions of Service, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, "Conditions"),
set forth the terms and conditions under which you may use and access the Site.
BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE
BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE
Use of Site. You may access and use the Site solely for your personal use
in accordance with these Conditions. You agree not to access or use the Site in any manner that is prohibited by these Conditions
or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of,
the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a)
if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly
or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access,
the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
Use of Content. You may make a single copy and/or print a single copy of any
information displayed or transmitted on the Site (including, but not limited to, logotypes, trademarks, service marks, directories,
guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object
code, software, data, and the like, collectively "Content") for your personal use only.
Restrictions. Except as expressly permitted in Section 1.1 and 1.2 above,
you agree not to, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make
available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate
the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, perform or display any Content, in
each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark,
copyright or any other notice contained in any Content, (e) archive or retain any Content in any form, (f) use Content for any
commercial purposes, (g) use any of our trademarks as metatags on other web sites, (h) use the Site in any manner that is illegal
or impairs the operation of the Site or its availability or usage by others, and/or (i) display any part of the Site in frames
(or any Content via in-line links). You agree not to decompile, reverse engineer or disassemble any software or other products
or processes accessible through the Site, and not to insert any code or product or manipulate the Content in any way that affects
the user's experience. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses,
or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in
accordance with instructions directed to search engines and available on the Site.
Product Information and Colors. We have made every effort to display as accurately
as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of any color will be accurate. Most Nine West products displayed on the Site are
available in select Nine West stores in the United States and select foreign markets while supplies last. In some cases, merchandise
displayed for sale on the Site may not be available in Nine West stores. The prices displayed on the Site are quoted in U.S. Dollars
and are valid and effective only in the United States.
Certain areas of the Site may require registration. If you register or provide information to us in any manner,
you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you
agree to protect such information by, among other things, keeping your password and other information relating to your account
confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible
for all use of the Site by the party using your account.
Links to External Sites. We may provide hyperlinks to other web sites and
Internet resources operated by parties other than Nine West. We have no control over such sites and resources or their privacy
policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any
sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
Third-Party Dealings. Some portions of the Site may direct you to a web site
of a third party. Your dealings or communications through the Site with any party other than us are solely between you and that
third party. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies
and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided
by third parties should be forwarded directly to the third party.
Except for Content that is in the public domain, all Content, as well as the selection and arrangement of
the Content, is owned by (or licensed to) Nine West, its affiliates or suppliers and is protected by copyright, trade dress, trademark,
unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided
in these Conditions. Except as otherwise expressly provided in these Conditions, all rights in and to the Content are expressly
reserved by Nine West.
You agree to indemnify and hold harmless Nine West and its affiliates, officers, directors, employees, shareholders,
information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and
costs, including, without limitation, reasonable attorney's fees, incurred by the Indemnified Parties in connection with any claim
arising out of (a) your access and/or use of the Site, (b) any breach of any of these Conditions by you or any user of your account,
and/or (c) any allegation which, if true, would constitute a breach of any of these Conditions by you or any user of your account.
The Site is provided on an "AS IS", "AS AVAILABLE" basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS
FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE
IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE,
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION,
ALL CONTENT). We make no representation that materials or Content available through the Site are appropriate or available for use
outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions
do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. The Site is controlled,
operated and administered by us from our offices within the United States.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL NINE WEST, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS BE LIABLE
FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING,
WITHOUT LIMITATION, ANY CONTENT), THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THESE CONDITIONS AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION,
ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN
IF NINE WEST, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, NINE
WEST'S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE CONDITIONS AND/OR THE USE OR PERFORMANCE
OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE
SHALL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE THREE (3) MONTH PERIOD
PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF
THE ABOVE MAY NOT APPLY TO YOU.
WE MAY ADD ADDITIONAL CONDITIONS THAT GOVERN YOUR USE OF THE SITE BY POSTING SUCH CONDITIONS ON THE SITE FROM
TIME TO TIME. In addition, we may revise these Conditions at anytime. When we do, we will also revise the "last updated" date at
the top of these Conditions. You are responsible for regularly reviewing the current Conditions. The most current version of the
Conditions can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. Your continued
use of the Site after we post any revised Conditions constitutes your agreement to any such revised terms. If you object to any
of these Conditions or any subsequent changes, your may not use of the Site.
For further clarity, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion
of the Site including the availability of any data or other information contained on the Site at any time for any reason and without
notice or liability, and (b) we reserve the right, with or without notice to you, to change any of the services offered on the
Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers
and/or other services.
The Site is hosted on servers located in the United States and is intended to be viewed by residents of the
United States. These Conditions are governed by the laws of the State of New York, USA, except for its conflict of laws provisions.
In the event you desire to initiate any suit against Nine West arising out of or relating to the Site (including, without limitation,
the Content of the Site) and/or these Conditions, you agree to bring such suit in the federal courts sitting in New York, USA unless
no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in New York,
USA. You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation,
the Content of the Site) and/or these Conditions in such courts and you hereby waive all rights you may have or which may hereafter
arise to contest jurisdiction or venue in such courts.
These Conditions including, without limitation, and any other terms and conditions that may appear on the
Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements,
terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of
these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with
the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these
Conditions shall remain in full force and effect. A printed version of these Conditions of Use and of any notices given to you
in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to
the same extent and subject to the same conditions as other business documents and records originally generated and maintained
in printed form. The failure of Nine West to insist upon or enforce strict performance by you of any provision of these Conditions
shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these Conditions by
sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.
You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must
commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You
may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location
outside the United States, you are responsible for compliance with all local laws.
