PAYLESS® TERMS OF SERVICE

INTRODUCTION

Welcome to Payless.com. Please review these terms & conditions (“Terms of Service”) carefully as they govern your use of https://payless.com/ and all other sites, mobile sites, services, applications, platforms and tools where these Terms of Service appear or are linked. Throughout this Terms of Service, we use the terms “we”, “us” and “Payless”, to mean Payless ShoeSource Worldwide, LLC, its affiliates and subsidiaries.

TERMS OF SERVICE

By visiting any part of our web site (the 'site') and while you shop in one of our stores, use our mobile app, as well as use any services, tools, technology, products, and features (together, the “Services”) you agree to be bound by all the terms and conditions contained in this Agreement, and Payless’ Privacy Policy, which are incorporated herein by reference.

CONTENTS PRESENTED AND YOUR USE OF THE CONTENT

Our Services includes materials in many formats, including images, illustrations, audio clips, video clips and text. All of this information and material is protected by copyrights and other intellectual property rights that are owned by Payless ShoeSource Worldwide, LLC, or its affiliates, or by someone who has licensed the material to Payless ShoeSource Worldwide, LLC. You may not copy, download, reproduce, republish, upload, post, transmit or distribute in any way materials from our Services. You also may not modify the materials or use the materials for any purpose other than your own personal, non-commercial, home use. Modifying or using the material in any other way is a violation of the copyrights and other intellectual property rights of the material owner. You also are prohibited from using the material on any other web site or networked computer environment.

You will see various symbols (e.g. ® ™) next to material on our Services. These marks show that the material is a registered or unregistered mark of Payless ShoeSource Worldwide, LLC, an affiliate of Payless ShoeSource Worldwide, LLC, or someone else. Nothing in the Services grants you any license or right to use any marks displayed on the Services without the written permission of the owner of the mark. You are strictly prohibited from misusing any of the marks or other materials on our Services.

Subject to these Terms of Service, Payless grants you a limited, non-transferable, non-sublicensable and non-exclusive right, which may be revoked by us at any time, for any reason, to access our Services for the purposes of shopping for the items listed on our Services for personal use and not commercial use nor on behalf of any third party. The limited license granted herein specifically excludes the right to commercially use, resell, or sublicense our Services or its content or any copying, downloading, or other exploitation for the benefit of third parties. Additionally, the use of bots, data mining and other similar tools are prohibited. All rights not specifically granted by the Terms of Service are specifically reserved by Payless, its licensors, vendors, rightsholders, and content providers. Payless reserves the right to refuse services or grant access to our Services, including, inter alia, terminating or suspending accounts, cancelling orders and/or take any other measures it deems, in its sole discretion, to be advisable to protect its interest. You agree to comply with all laws when using our Services and to not use our Services in violation of the Terms of Service.

TRADEMARKS

Payless retains all rights regarding its trademarks, trade names, and brand names. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Payless’ trademarks in any way. These trademarks are registered under Payless ShoeSource Worldwide, LLC. and are protected by U.S. and international laws and treaties. If Payless discovers misuse of our trademarks, you are advised we will aggressively enforce our rights.

DMCA NOTICE - NOTICE & PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to respond to notices of alleged copyright infringement that complies with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Any materials that are found to be copyright infringement on our Services may be removed via the process listed below. Please be aware that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

To file a DMCA notice, the copyright owner must send in a written letter by regular mail, or email only. The DMCA notice must include:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on our Services;
  • Your address, telephone number, and e-mail address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
    Our Copyright Agent for notice of claims of copyright infringement on its site is the Legal Department:

PAYLESS SHOESOURCE WORLDWIDE, LLC.
Attn: Legal Department
3050 Biscayne Blvd, PH II
Miami, FL 33137
Email: Infringement@payless.com

LINKS TO OTHER SITES

As a convenience to our customers, we periodically include links from our site to one or more external sites that are owned by entities that are not affiliated with Payless and the entities affiliated with Payless do not operate or control the content of these sites. When you access one of these sites through a link on the Payless site, you do so at your own risk. You acknowledge that we are not responsible for the operation of, or content located on or through, any such site. If you use these links, you will leave this Site. Neither Payless nor any of their affiliates expressly are responsible for any content, materials or other information located on or accessible from any other web site. Neither Payless nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites

COLORS AND SELECTION

We make every effort to display the colors of our products included on our Services as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor's display of any color is accurate. The selection of items online often varies from the items featured in our stores and in our store advertisements. Supplies of items featured online are not subject to rain checks.

CONTENT, PRODUCT INFORMATION, ACCURACY AND PRICING

The content provided on our Services is solely for informational purposes. User submissions expressed on our Services relating to products are that of the individual’s own opinion and is not reflected of our opinions. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice before purchasing any of our products for the purposes of treatment and physical therapy and not rely solely on the information presented on our Services.

All products, services, features and content available on or through our Services, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. Payless attempts to ensure the information provided to be as complete, current, and accurate as possible. However, Payless does not warrant the accuracy of our Services. Payless products displayed on our Services may be available in selected Payless retail stores in the United States. While products offered on our Services will usually be priced the same as the products offered at our Payless retail stores and affiliate stores, in some cases, Payless retail stores and affiliate stores may have different prices or promotional events at different times.

We shall have the right to refuse or cancel any orders placed for such product or service in the unlikely event a product is listed at an incorrect price or with incorrect information. This right extends to placed orders. If your credit card has been charged and your order is cancelled, we will issue a credit to your credit card.

RISK OF LOSS AND TITLE

The risk of loss and title for such items purchased by you from our Services pass to you upon our delivery to the carrier. Payless does not take title to returned items until they arrive at our fulfillment center. Payless is not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and Payless has no obligation to return them to you. For more information about Returns, please see our Returns and Exchanges.

COUPONS & PROMOTIONS

From time to time, Payless features various promotions that may be used on our Services, at any Payless Retail Store in the US only, or online through third party platforms. These promotions may include 'free' offers, coupons or other similar types of promotions. You can find the Terms and Conditions related to the promotion and coupon usage stated on the bottom of your email, the promotion code featured on our Services, or on a printed coupon. Payless reserves the right to modify or cancel promotions at any time.

USER ACCOUNTS AND CONDUCT

You may choose to create an account on our Services. When creating your user account, you must provide complete and accurate information as prompted such as, and not limited to, your name and email. You are required to create a password for your user account. You are solely responsible for the confidentiality and protection of your user account’s password and identification. By creating an account, you accept responsibility for any activity that occurs on your user account, whether it is you or an authorized third-party who uses your account. Payless will not be liable for any acts or omissions by you, including, but not limited to, unauthorized third-parties gaining access to your account as a result of your negligence. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

Payless reserves the right, in its sole discretion, to terminate your account, to refuse service, or cancel orders if Payless determines your conduct to be abusive, harassing, threatening, defamatory, obscene, fraudulent, deception, impersonation of others, fraudulent, deceptive, and misleading.

INFORMATION THAT YOU SUBMIT TO PAYLESS

We welcome your comments regarding our merchandise and services. Any notes, messages, ideas, suggestions or other material that you send to us will become the property of Payless ShoeSource Worldwide, LLC. We may use the material in any way we choose for as long as we choose without any restrictions. By sending us the material, you agree that we have the irrevocable right to publish, license, modify, edit, adapt, make derivative works, perform and otherwise exploit the material throughout the world for any type of use including, without limitation, in all media, in perpetuity, for promotional and advertising purposes and we do not owe you any compensation for using the material. Because we have an unlimited right to use whatever you send us without paying you any compensation, please do not send us any material that you do not want Payless to use. You represent and warrant that all material sent to Payless and the underlying rights to the material are fully controlled by you, and that the material will be accurate and not be defamatory, violate the rights of publicity or privacy of any individual, or be otherwise obscene or objectionable and, by sending the material, you agree to fully indemnify Payless, its affiliates, its subsidiaries, and partners from all claims that may arise from the use of the material provided by you on our Services.

DISCLAIMER

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, OUR SERVICES AND THE CONTENT OF OUR SERVICES ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PAYLESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, THAT YOUR USE OF OUR SERVICES, THE OPERATION OF OUR SERVICES, THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SERVICES, AND OUR ELECTRONIC COMMUNICATIONS TO YOU WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SERVICES OR ITS SERVER ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL ELEMENTS. PAYLESS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, PAYLESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, NEITHER PAYLESS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES, OR ANY INFORMATION OR MATERIALS PROVIDED ON OUR SERVICES. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.

JURISDICTIONAL ISSUES

Our Services are intended for use by persons located in the United States only. Our Services are controlled and operated by Payless from the United States and is not intended to subject Payless to the laws or jurisdiction of any state, country or territory other than that of the United States. Payless does not represent or warrant that our Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. If you access our Services outside the United States or its territories, you are responsible for complying with all applicable laws and regulations.

You may not use any of our Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using our Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.

PRIVACY & COOKIES

To find out more information about how we collect and process personal data, and how we use cookies, please review our Privacy Policy which is available here.

ELECTRONIC COMMUNICATIONS

When you send us an e-mail, text messages / SMS, or send a communication via a desktop or mobile device, you are communicating with Payless electronically. By using our Services or sending us an electronic communication, you are consenting to receive electronic communications from Payless. Payless may contact you via texts, mobile push notices, emails, or through any other means on our Services including, any promotions or other marketing materials. All notices and communications that Payless provides to you electronically shall be deemed to have satisfied the requirement that such communication be in writing, if so required.

You may opt-out of receiving Payless marketing emails and mobile SMS/MMS at any time by following the instructions provided in the email, SMS/MMS, and as otherwise provided in the Privacy Policy.

TERMINATION OF AGREEMENT

These Terms of Service will continue as an agreement between us until Payless ShoeSource Worldwide, LLC. terminates them, which we may do at any time without notice to you. We also may terminate your right to use our Services immediately and without notice to you if, in our sole discretion, you fail to comply with any of these Terms of Service. If we do terminate your right to use our Services, then you are no longer authorized to access or use any of the benefits of our Services. In addition, any indemnifications obligations on you, or any restrictions we have imposed on you regarding the use of our Services, and the disclaimers and limitations of liabilities that we have stated in the Terms of Service, will survive our termination of the agreement. The Terms of Service that we have stated on our Services are the entire agreement between us relating to each of the issues discussed in those Terms of Service.

DISPUTES AND SEVERABILITY

If you have concerns about the Services, we encourage you to contact us. If you decide to pursue a claim against us, our agreement is governed by and shall be construed in accordance with the laws of the State of Kansas without giving effect to any principles of conflicts of law. You agree to bring any claims against Payless or Payless ShoeSource Worldwide, LLC. exclusively in the State or Federal courts of Kansas. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

HOW TO CONTACT US

For any questions, concerns or other request please contact us by:

MODIFICATIONS TO THESE TERMS OF SERVICE

We reserve the right to change our Terms of Service as our business changes. If our terms and conditions change in the future, we will post an updated Terms of Service on our Services. You can tell if this Terms of Service has changed by checking the revision date that appears at the end of this page. If we make material changes to this Terms of Service, we will notify you here that it has been updated. Continued use of our Services after we publish or communicate a notice about any changes to this Terms of Service means that you are consenting to the changes. If you would like a permanent record of this Terms of Service, please print a copy.
Last updated on August 8, 2020.