SITE USE TERMS AND CONDITIONS
IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING DSWINC.COM. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF DSWINC.COM, THE HOME PAGE OF WHICH IS AT WWW.DSWINC.COM (THIS "WEB SITE"). YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Copyright Notice and Use of Web Site. The design of this Web Site and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this Web Site are © 2008, DSW Inc. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Web site. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, DSW Inc. reserves the right to seek all remedies available by law and in equity. DSW Inc. reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Trademarks. DSW Inc. ("DSW" or "we") and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress, including without limitation rights to DSW Reward®. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of DSW and its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the DSWINC.com Web site. Your misuse of the trademarks displayed on the DSWINC.com Web site is strictly prohibited. You are also advised that DSW will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
Special Notice On Search Engine Optimization: DSW and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any DSWINC.com Web page is prohibited absent express written permission from DSW Inc. Framing, inline linking or other association of the DSWINC.com Web site or its or its suppliers software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the DSWINC.com Web site is expressly prohibited.
Third Party Links. Periodically, links may be established from this Web site to one or more external Web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the DSWINC.com Web site, with our prior permission. None of these links should be deemed to imply that DSW endorses the Third Party Sites or any content therein. DSW does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and DSW will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
User Conduct. You shall NOT do any of the following: (a) attempt to modify or "hack" the Web Site; (b) access any area on the Web Site which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of the Web Site; (d) impersonate any person or entity, including but not limited to, a DSW Inc. officer or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of the Web Site; (f) jeopardize the operation of computer systems owned by DSW Inc. or any of its affiliates or the reputation of DSW Inc. or any of its affiliate.
Use of the Site by Vendors. The authorization for Vendors to access and use the Web Site is limited to your internal use in the ordinary course of your business as a vendor of DSW Inc. (the "Permitted Purpose"). Vendors of DSW Inc. are permitted to use the Web Site and its content only for the Permitted Purpose. This limited authorization is non-transferable and non-exclusive and is for use only by you and your employees, and only in accordance with this Site Use Terms and Conditions. This limited authorization is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, adapt, participate in the transfer of, reverse engineer, decompile, disassemble, create derivative works from, sell, license or otherwise exploit this Web Site or any materials on this Web Site without our prior written permission; (b) you may not access or use the Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our materials specified in the Vendor or Real Estate sections of the Website except for your internal use. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Web Site or materials on the Web Site is prohibited. DSW Inc. may revoke your user identification and password for access to the Real Estate section of the Web Site at any time for any or no reason. All rights not expressly granted are reserved by DSW Inc.
All materials and all information owned, possessed or used by DSW Inc. or any of its affiliates which is communicated to, learned, developed or otherwise acquired by you when using the Web Site, which is not generally known to the public (collectively, "Confidential Information"), shall be confidential and you shall not, at any time, disclose, communicate or divulge or permit disclosure, communication or divulgence to another, or use for your own benefit (except for the Permitted Purpose) or the benefit of another, any such Confidential Information. You expressly agree that DSW Inc. shall be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain your use or disclosure of Confidential Information in breach of the terms of these Site Use Terms and Conditions.
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site.
You agree not to permit any of your authorized users to disclose your unique username and password to the Real Estate section of the Web Site to anyone not authorized to act on your behalf. It is your responsibility to safeguard, protect and monitor all use of your unique username and password. You accept all responsibility for maintaining the security of your unique username and password and for all utilization of the Real Estate section of the Web Site via your unique username and password, with or without your knowledge or consent. You agree to notify DSW Inc. immediately if you discover any unauthorized access or violation of security or if you wish to terminate your participation in the Real Estate section of the Web Site. You are responsible for obtaining and maintaining any communications equipment necessary to connect to the Site and your own internet service provider, including modems, computer hardware and software and long distance or local telephone service. Any charges incurred for such equipment or access are your sole responsibility.
DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DSW, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER DSW, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY DSW does not assume any responsibility, or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL DSW, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
Use of Site and Revisions to these Site Use Terms and Conditions. DSW Inc. may elect to update, modify, change or terminate all or any part of the functionality available through the Web Site, including modification or termination of any services provided and/or your ability to access the Site, at any time in the future. These Site Use Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Site Use Terms and Conditions because they are binding on you. Certain provisions of these Site Use Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site. Your continued use of this Web Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.
Choice of Law; Jurisdiction. These Site Use Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio , without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio. A printed version of these Site Use Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Site Use Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.