SM PASS Loyalty Program Terms and Conditions
SM PASS Loyalty Program Terms and Conditions
Last updated: March 21, 2021
1. PROGRAM ELIGIBILITY AND MEMBERSHIP
The SM PASS Loyalty Program (“SM PASS” or the “Program”) is a four tiered loyalty and rewards program, with a basic Tier One (the “SM INSIDER”), a Tier Two (the “SM VIP”), a Tier Three (the “SM SUPERSTAR”) and a Tier Four (the “SM ICON”), which is offered at the sole discretion of Steven Madden, Ltd. (“Steve Madden”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in the basic Tier One of the Program. Members in the basic Tier One have the option to advance to Tiers Two, Three or Four based upon the accumulation of loyalty “stars” which are earned through qualifying purchases and participation in program activities. To achieve a particular tier status, you must accumulate the following number of stars:
Tier One = 0 - 199 stars
Tier Two = 200 - 599 stars
Tier Three = 600 - 1,999 stars
Tier Four = 2,000 and above stars
Your tier status will reset to Tier One on a rolling 12 consecutive month basis, which 12 consecutive month basis is determined by your initial date of sign-up for the Program, and any accrued stars and/or unused rewards in your account at the time of such reset will be expired. By way of example, if you signed up for the Program on April 1, 2022, your Tier status would reset to Tier One on March 31, 2023 regardless of what Tier level you were in at that time.
To be eligible for participation in the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) are not eligible for participation in the Program. Persons who are at least eighteen (18) years old but considered under the legal age of majority in their legal state of residence (collectively, "Minors") must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Steve Madden and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program at participating Steve Madden stores or online by visiting SteveMadden.com. To enroll in-store, see a sales associate at a participating store for assistance. When you enroll in-store, you will receive a welcome email that will include instructions for completing your enrollment by creating an online SM PASS account. To enroll online, visit SteveMadden.com and follow the Program prompts to enroll by creating an online account. It is free to sign up for an account and to enroll in the basic Tier One of the Program. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a Program account and to enroll in the basic Tier One of the SM PASS Program.
2.2. To enroll in the Program, you may be required to provide any or all of the following: your first and last name, valid email address, birthday, telephone number and zip code. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at 1-888-526-2881 or info@SteveMadden.com, seven (7) days a week, between the hours of 9:00 AM to 10:00 PM Eastern Time.
2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.
2.4. If you purchased a membership to the prior upgraded SM PASS+ program in 2021, you have automatically been enrolled into Tier Three (the “SM SUPERSTAR”) level and the date of your enrollment into Tier Three will serve as the operative date of your “sign up” for the Program for purposes of your Tier level reset to Tier One on a rolling 12 consecutive month basis from the date of your sign up for the Program. This is a one-time automatic upgrade. Your prior SM Pass+ membership will not renew.
2.5 Members of the former SM Pass program have automatically been enrolled into basic Tier One (the “SM INSIDER”) level and the date of your enrollment into Tier One of the Program will serve as the operative date of your “sign up” for the Program for purposes of your Tier level reset to Tier One on a rolling 12 consecutive month basis from the date of your sign up for the Program.
2.6 Enrollment and participation in the Program are voluntary, optional and not required to complete any transaction or sale, including but not limited to, any credit or debit transaction.
3. How the Program Works/Program Rewards.
3.1. The Program allows you to earn stars towards making Tier status and rewards/benefits associated with your Tier status based on participation in Program actions, such as but not limited to, creating your SM Pass account, downloading the free Steve Madden App, following us on Social Media, building a wish list, making a qualifying purchase, leaving a product review, and/or participating in limited time SM Pass promotions or events. Program actions may be subject to change in our sole discretion and may be subject to limitations or restrictions. Some of the Program actions are detailed below. Once you earn a Tier status, you will be notified of your advancement to a next level Tier once it becomes effective and you may be eligible for certain benefits and to redeem rewards available to members of that Tier status. Each Tier status offers different benefits and rewards (some of which are detailed below), which benefits and rewards are offered at our sole discretion and may change from time to time with or without notice and may be offered on a limited basis. Visit our FAQs and Program dashboard page to learn more about how to earn rewards and the benefits available to each Tier status.
3.2. Purchases made at participating Steve Madden retail stores, Steve Madden outlets, in our Steve Madden App, and online at SteveMadden.com are eligible for earning stars and associated rewards/benefits in the Program, excluding gift card purchases, shipping and handling charges and any other fees associated with your purchase (a "Qualifying Purchase"). For each Qualifying Purchase, you will earn 1 star for every $1.00 spent (rounded to the dollar). By way of example, if your total Qualifying Purchase comes to $25.00, you will earn 25 stars; if your total Qualifying Purchase comes to $25.99, it will be rounded to $25.00 and you will earn 25 stars.
3.2.1. To earn Program stars and any associated rewards/benefits for a Qualifying Purchase made in-store, prior to completion of the sales transaction, you will be required to show your loyalty ID to the store sales associate using our free Steve Madden App or to provide the store sales associate with one of the following: email address, or first and last name. Stars cannot be earned from past purchases made prior to the Program launch or prior to your enrollment in the Program; Program rewards cannot be applied towards past purchases made prior to the Program launch or prior to your enrollment in the Program.
3.2.2. To earn Program stars and any associated rewards/benefits for a Qualifying Purchase made online , you must be logged into your SM PASS account at the time of purchase. Stars cannot be earned retroactively for online orders that have already been completed prior to logging into your SM PASS account; rewards/benefits cannot be earned or redeemed retroactively for online orders that have already been completed prior to logging into your SM PASS account. Program stars earned for online Qualifying Purchases will be pending until your order ships, at which point your stars will be issued to your SM Pass account. You can check for your available awards online at any time through your SM PASS account. Please allow approximately 14 days after a Qualifying Purchase for your SM PASS account to update to reflect your rewards earned.
3.3. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the accumulated stars in your Program account will be reduced in an amount equal to the stars originally earned for that purchase. In the case of a multi item purchase, which results in a partial return, the accumulated stars in your Program account will be reduced in an amount equal to the stars originally earned and attributable to the refunded items when first purchased. If the item is instead exchanged, the stars earned will remain. Stars credited to your account will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is canceled or if a credit refund is obtained through fraudulent or other activity that violates these Terms.
3.5. Program members in Tiers Two, Three and Four will automatically receive one (1) entry each month into the monthly Steve Madden Shopping Spree sweepstakes (the “Sweepstakes”). Program members in Tier One can receive one (1) into the Sweepstakes (limited to one (1) entry per month) by completing all required fields on the entry form located at https://www.stevemadden.com/pages/rewards-entry-submission. The Sweepstakes is subject to, and governed by, its Official Rules. For the Official Rules and complete details on the Sweepstakes, see below.
3.6. Program rewards and benefits may include shipping upgrades, such as free shipping on orders over a specific dollar amount or expedited shipping. Any such shipping benefits may vary by Tier status (see our Program dashboard page to learn more) and are subject to our Shipping Policy .
3.7. Program stars, benefits and/or rewards have no cash value, cannot be sold and are non-transferable and you have no property rights in or to stars, rewards or other Program benefits. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.
3.8. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.
3.9. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.
3.10. We reserve the right to determine the rewards in any SM PASS member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.
If you have concerns regarding your SM PASS account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your SM PASS account, please contact our customer service team by email at firstname.lastname@example.org or by telephone at 1-888-526-2881, seven (7) days a week, between the hours of 9:00 AM to 10:00 PM Eastern Time.
4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Steve Madden, including Program-related communications.
4.3. Promotional Text Message Consent: At your sign up for the Program, by checking the box to opt in to the receipt of text messages from Steve Madden, you consent to receive automated marketing by text message from Steve Madden or any of its vendors, including through the use of an automatic telephone dialing system, at the telephone number you provided. Consent is not a condition to purchase. Message and data rates may apply.
4.4. User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP or UNSUBSCRIBE to any mobile message from Steve Madden or sent on behalf of Steve Madden in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an email, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.
4.5. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the telephone number that you provided to us, including canceling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.
4.6. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
5.2 California Notice of Financial Incentive
California residents: Under California law, the Program may be considered a “financial incentive”. To view our Notice of Financial Incentive, please visit.
6. Program Termination, Cancellation or Modification
6.1. The Program and its benefits are offered at Steve Madden's sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time, in our sole discretion and with or without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.
6.2. If you decide that you no longer want to participate in the Program, whether as a member of the basic Tier One (the "SM INSIDER"), Tier Two (the “SM VIP”), Tier Three (the “SM SUPERSTAR”) or Tier Four (the “SM ICON”), as applicable, you may cancel your membership at any time by contacting our customer service team at 1-888-526-2881 or at info@SteveMadden.com, seven (7) days a week, between the hours of 9:00 AM to 10:00 PM Eastern Time. Any accrued stars and/or unused rewards will be forfeited and expire immediately upon your membership cancellation.
6.4. If your membership in the Program is canceled by you or terminated by us, you will lose all accrued stars, rewards and benefits in your SM PASS account at the time of such cancellation or termination.
7.Disclaimer of Warranties; Limitation of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:
7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER STEVE MADDEN NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER STEVE MADDEN NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE STEVE MADDEN SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.
7.3.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER STEVE MADDEN NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
7.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS STEVE MADDEN, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.
9. Governing Law, Arbitration, No Class Actions
9.1. GOVERNING LAW: The Program and these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.
9.2. ARBITRATION: 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, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, STEVE MADDEN WEBSITES AND/OR APP (COLLECTIVELY, THE “WEBSITES”),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, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
9.3. NO CLASS ACTIONS. 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 THE PROGRAM, TO STEVE MADDEN 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, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. 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, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS.
9.4 NOTICE TO NEW JERSEY RESIDENTS. If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 7.3 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section 7.3 above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 8 above, the requirement that you indemnify Steve Madden (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 9.1 above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
10. Customer Service
For information about the Program or your membership, contact our customer service team via email at info@SteveMadden.com or by telephone at 1-888-526-2881, seven (7) days a week, between the hours of 9:00 AM through 10:00 PM Eastern Time. Please also visit our FAQs for answers to frequently asked questions about the Program.