Terms And Conditions

TERMS OF USE

Last Updated: March 25, 2025

WELCOME TO THE WEBSITE OF ARIAT INTERNATIONAL, INC.

PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE ENTERING THE SITE. THESE TERMS CONTAIN A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USERS.

These Terms apply to anyone accessing or using our website www.ariat.com whether accessed via browser, web-application, mobile application, or other platforms (the “Site”). The Site is provided as a service to our customers. When we refer to “Ariat” or “we”, “us” or “our”, we mean either Designer Brand International, Inc. or its affiliates.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE. Except as otherwise provided, Designer Brand reserves the right to modify these Terms at any time without notice, and such changes will be deemed effective immediately upon posting here. For this reason, we encourage you to review these Terms whenever you use the Site. Your continued use of the Site following the posting of changes to these Terms will indicate your acceptance of those changes.

Section 1. Eligibility

You must be at least 18 years old to access and use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site with permission from your parent or legal guardian. Your license to use the Site may be terminated and deleted without warning for any reason.

Access to the Site may be prohibited in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access.

Section 2. Site Availability

We do not guarantee that the Site, or any content on them, will always be available or be uninterrupted. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons without notice.

Section 3. Products Description

In describing and portraying our products on the Site, we do our best to be as accurate as possible. However, we do not warrant that the product descriptions, dimensions, colors, or other content (including the accuracy of customer reviews, ratings, comments, or feedback) are accurate, complete, reliable, current, or error-free. For example, the colors you see might depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate. Any errors are wholly unintentional, and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event an Designer Brand product is listed at an incorrect price due to photographic error, typographical error or error in pricing information from our suppliers, Designer Brand will have the right to refuse or cancel any orders placed for products listed at the incorrect price. Further, Designer Brand will have the right to refuse or cancel any such orders whether or not the order has been confirmed and regardless of whether your order has been submitted or whether your credit card has been charged.

We make efforts to keep the Site and available inventory of products, including the Shop Locally feature, current and up to date. However, we cannot guarantee that any product listed on the Site will be in stock or remain available for online purchase or in store purchase. The actual in-store price of an item may vary between stores and may be different from the online price for the same item. Further, we may discontinue or otherwise cease offering a product at any time, at our sole discretion. If your credit card has already been charged for the purchase and your order or a portion of your order is cancelled, Designer Brand will issue a credit to your credit card account in the amount of the cancelled items. Unless you notify us to cancel your entire order, we will fulfill the balance of your order.

Section 4. Site Transactions

When you place an order on the Site, we will ship your order to the address designated by you as long as that shipping address is compliant with shipping restrictions on the Site and/or per applicable laws and regulations. We may require verification of information prior to the acceptance and/or shipment of any order.

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

To ensure all our customers have access to our products, we reserve the right to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be in violation of these Terms or placed by dealers, resellers or distributors.

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

Section 5. Designer Brand Insider and User Account

Certain features or services offered on or through the Site, such as the Designer Brand Insider program, may require you to create an account. Apart from the representations made in our Privacy Policy, if you choose to create an account you agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the confidentiality and security of your account by not sharing your password with others and restricting access to your account and your computer; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You agree to notify us promptly if you discover your account has been compromised or you suspect unauthorized access to your account.

Section 6. Other Policies

Your submission of personal information through the Site is governed by our Privacy Policy. In addition, some data may be collected automatically using tracking technologies, including cookies and pixels. For information about the types of cookies we use, why, and how you can control cookies, please review Designer Brand ’s Cookie Policy. These policies and notices may be updated from time to time at Designer Brand ’s discretion and changes will be effective upon posting to the Site.

If you believe that material or content residing on or accessible through the Site infringes a copyright, please review Designer Brand ’s Copyright Dispute Policy section below.

Section 7. Acceptable Use

Subject to your compliance with these Terms and all applicable laws, rules and regulations, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Site. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents, deep-linking) to navigate, “scrape”, or search the Site, or to trace any information on any other visitor to the Site; or (iv) reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit any content from the Site.

Designer Brand has the right to suspend or terminate your account and to refuse any and all current or future use of the Site (or any portion thereof) at any time for any reason, and to take any additional action we deem in our sole discretion to be appropriate in relation thereto. In regard to any occurrence or activity which we believe violates these Terms, we may investigate and fully cooperate with any law enforcement authorities, court orders, or legal process, including any such authorities, orders, or process which may request or direct Designer Brand to disclose the identity of any person. Violations of these Terms may result in civil or criminal liability.

Section 8. User Content, Feedback, and Other Submissions

Certain features of the Site allow users to provide, submit or post content to the Site, including photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other types of work (collectively, “User Content”). Also, Designer Brand uses a variety of third-party social media websites, communication services, and media channels such as TikTok, Instagram, Facebook, X (formerly Twitter), Tumblr and Pinterest (collectively, “Social Media Assets”) to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets, or which are tagged with Designer Brand handles or promoted hashtag will be considered User Content.

You understand that User Content will be deemed non-confidential and non-proprietary. By submitting or posting any User Content to the Site, you grant to Designer Brand and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity will have the right to (i) receive any royalty or compensation of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Designer Brand will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.

Without limitation, you agree that you will not contribute any content or otherwise use the Site in a manner that:

is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site), including any party’s right of publicity or right of privacy;
violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control consumer protection, unfair competition, anti-discrimination or false advertising);
is threatening, harassing or that promotes racism, bigotry, or hatred of any kind against any group or individual; or promotes or encourages violence against a person or damage or destruction of property; or is inaccurate, false or misleading in any way;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Designer Brand does not control, take responsibility for, or assume liability for any User Content, whether or not arising under the laws of copyright, libel, defamation, slander, privacy, obscenity, or otherwise. We may, but are not obligated to, monitor or review any User Content. Designer Brand does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Designer Brand and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Designer Brand or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.

ARIAT HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE ANY USER CONTENT THAT VIOLATES THESE TERMS WITHOUT NOTICE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST ARIAT FOR SUCH REMOVAL AND/OR DELETION.

Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Designer Brand , our Sites and our products (collectively, “Ideas”). The Ideas you submit are voluntary, non-confidential, non-committal, and with no expectation or promise of compensation. Ideas may be subject to a separate Idea Submission policy and agreement.

Section 9. Links to Other Websites and Services

The Site may contain links to other websites and services that are not owned, operated, or controlled by Designer Brand . Designer Brand has no responsibility for such linked websites and such linking does not an endorsement of any linked websites or services. Links are provided solely for your convenience and information.

Section 10. Text Messaging Programs

Designer Brand may operate marketing and transactional text message programs (each a “Text Program”) which are governed by these Terms of Use and the Privacy Policy. By opting-in to any of the Text Programs, you agree to receive SMS/text messages from Designer Brand through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology or methods. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart/browse reminders), and may be triggered by cookies, web beacons, and similar technologies we use on our Platforms, as further described in our Privacy Policy.

You understand that you do not have to sign up for the Text Programs in order to make any purchases, and your consent is not a condition of any purchase with Designer Brand . Your participation in any Text Program is completely voluntary.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Designer Brand , its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. You may not enroll if you are under 18 years old (19 years old in Alabama or Nebraska). Before the Service starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these terms. You are responsible for any message, data or other charges incurred from your wireless carrier (e.g., usage, subscription, etc.) as a result of receiving messages via the Text Programs. The Text Programs may not be available on all wireless carriers. We may modify or cancel the Text Programs or any features without notice. You may opt out of a Text Program at any time by texting the single keyword command STOP in reply to any message received through the Text Program.

Section 11. Termination of Suspension of a Website Account

You agree that Designer Brand , in its sole discretion, may terminate, suspend, or disable your use of the Site and content at any time and for any or no reason, in its sole discretion, if (i) Designer Brand believes you have violated or acted inconsistently with these Terms, (ii) in order to comply with applicable law, or (iii) in any other circumstances Designer Brand deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Site. Further, you agree that Designer Brand will not be liable to you or any third party for any termination or suspension of your access to the Site. If Designer Brand terminates, suspends, or disables your website account, you remain obligated to pay Designer Brand for all unpaid purchases made prior to the termination or suspension of your website account.

Section 12. Governing Law; Severability; Waiver

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of the Site. Any dispute arising out of, or relating to, the use of the Site will be governed by and construed in accordance with the laws of the State of California without regard to any principles of conflicts of law.

If any part of the Terms is declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision will be ineffective but will not affect any other part of the Terms.

Any failure by Designer Brand to exercise any rights or the waiver of any breach of the Terms by you, will not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms. Our rights and remedies under the Terms will be cumulative, and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy.

Section 13. Dispute Resolution; Binding Arbitration; No Class Relief.

Arbitration Agreement

Binding Individual Arbitration. Any claim, controversy, or dispute arising out of or relating to these Terms, your access or Use of the Site or any products or Services offered by or purchased through our Site or Designer Brand brand shop, or any aspect of your relationship with Designer Brand , whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration as set forth in this Dispute Resolution Section, except (a) either you or Designer Brand may initiate a Dispute in or take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction and (b) as otherwise expressly provided herein. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.

The arbitrator will decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. A court of competent jurisdiction will have the limited and non-exclusive authority to decide if a Dispute is time-barred under contractual or statutory limitations periods or that the filing of a demand for arbitration has been authorized by the claimant. These Terms and its arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Designer Brand agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.
Mandatory Informal Dispute Resolution Process. If you and Designer Brand have a Dispute, you and Designer Brand agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party’s contact information (including name, address, telephone number, and email address) (with their counsel’s contact information, if represented); (b) sufficient information to enable the other party to identify any transaction(s) and account(s) at issue (including receipts and product and purchase details if applicable to the Dispute); and (c) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: Legal@Ariat.com or by mail to: Designer Brand International, Inc., Attn: Legal, 1500 Alvarado Street, Suite 100, San Leandro, CA 94577. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and an Designer Brand representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Designer Brand may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to you or Designer Brand commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party’s election, and any formal dispute resolution proceeding will be stayed pending resolution of the issue. A court of competent jurisdiction will have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.
Arbitration Procedures. You and Designer Brand agree that the arbitration will be administered by the American Arbitration Association (“AAA”) and conducted in accordance with the applicable AAA rules (“AAA Rules”) as modified by this arbitration agreement. If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration agreement, another arbitration provider will be selected by the parties that will administer arbitrations consistent with this arbitration agreement. If the parties cannot agree on a provider, they will petition a court of competent jurisdiction to appoint an arbitration provider that will do so.

The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and this arbitration agreement. An arbitration demand must include all of the information required to be provided in the notice above. When initiating arbitration, you will personally certify to Designer Brand and to the AAA that you are a party to this arbitration provision and provide a copy or link to it. To begin an arbitration proceeding, you or Designer Brand must send a personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for such relief. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Process referenced above and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. 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 represented parties and counsel as a court would. If you are initiating arbitration, you will serve the demand for arbitration on Designer Brand via mail to Designer Brand International, Inc., Attn: Legal, 1500 Alvarado Street, Suite 100, San Leandro, CA 94577. If Designer Brand is initiating arbitration, we will serve the demand for arbitration on you at the most recent address we have on file for you. The party initiating arbitration must follow the appropriate procedures with the AAA to commence the arbitration, which are available at www.adr.org or by contacting the AAA.

The arbitration will be heard by a single, neutral arbitrator. The party initiating arbitration may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief will have the right to elect a hearing. You and we reserve the right to request a hearing on any matter from the arbitrator. You and an Designer Brand representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually reasonably convenient location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator is empowered to follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions. The arbitrator will apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. The parties will be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose.
Additional Procedures for Mass Arbitrations. You and we agree that these Additional Procedures for Mass Arbitrations (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) will apply if you choose to bring your Dispute as part of a Mass Arbitration (defined below). If twenty five (25) or more similar Disputes (including yours) are asserted against Designer Brand by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that these Additional Procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel will meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.

You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims will be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Designer Brand . The remaining claims will not be filed or deemed filed in arbitration nor will any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties will participate in a global mediation session before a retired state or federal court judge, for which Designer Brand will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims will be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Designer Brand . (If there are fewer than forty (40) claims remaining, all will proceed.) The remaining claims will not be filed or deemed filed in arbitration nor will any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator will preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties will participate in another global mediation session before a retired state or federal court judge, for which Designer Brand will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process will continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your claims and filing fee deadlines will be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction will have authority to enforce this section regarding ” Additional Procedures for Mass Arbitrations” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Designer Brand . Should a court of competent jurisdiction decline to enforce these ” Additional Procedures for Mass Arbitrations,” you and we agree that your and our counsel will engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

If you choose to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) will be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

Class Action Waiver

You and Designer Brand each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

Jury Trial Waiver

To the fullest extent permitted by applicable law, you and Designer Brand waive the right to a jury trial.

Section 14. Intellectual Property

All of the content you see on the Site, including, without limitation, page headers, images, illustrations, graphics, audio, video, data, text, trademark, service mark, trade dress, copyright and/or other material displayed on, available via, or that can be downloaded from the Site (collectively “ Designer Brand IP”) are the intellectual property of Designer Brand , its affiliates or third parties who have licensed or assigned their rights, interests and/or materials to Designer Brand . The Site itself is copyright protected as a collective work under U.S. and other applicable copyright laws. The Site is intended solely for personal, non-commercial use. No right, title or interest in any downloaded or copied materials from the Site are transferred to you as a result of any such downloading or copying. Designer Brand reserves complete title and full intellectual property rights in any Designer Brand IP you download from the Site. Designer Brand reserves all other rights not expressly granted above, and any other use requires Designer Brand ’s express written permission.

Section 15. Copyright Dispute Policy (DMCA Notice & Take-down Procedure)

We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and, if possible, email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows:

Designer Brand International, Inc.
Attn: Legal Department
1500 Alvarado Street, Suite 100
San Leandro, CA 94577
Email: legal@ariat.com

Your email must be written in English and must have the subject line, “DMCA Notice of Infringement.” If your email does not have this subject line and/or is not written in English, your email will not be read by our DMCA Designated Agent.

Section 16. Warranties; Disclaimers; Limitations of Liability; Indemnification

Warranties

Your use of the Site is at your own risk. The information, materials, and services are provided “as is” and “as available” without any warranties of any kind, whether express or implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or those arising out of course of dealing or usage of trade all of which are expressly disclaimed. Designer Brand and its respective contractors, employees, shareholders, members, partners, licensors and suppliers do not warrant that: (i) any information will be timely, accurate, reliable or correct; (ii) the website, content or user content will be secure or available at any particular time or place; (iii) any defects or errors will be corrected; (iv) the website, content or user content will be free of viruses or other harmful components; or (v) any result or outcome can be achieved. Your use of the Site is solely at your own risk. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.

Designer Brand does not assume any responsibility for, and will not 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 the Site, or your downloading of any information or materials from the Site.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARIAT OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (“COVERED PARTIES”) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE, CONTENT OR USER CONTENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR ANY OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, CONTENT OR USER CONTENT, EVEN IF ARIAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE SITE, OR ANY MATERIAL OR CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO ARIAT WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

Indemnification.

You agree to indemnify, defend and hold harmless Designer Brand , its officers, directors, members, employees, contractors, agents, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to any breach by you of any of these Terms, any claims that your User Content infringes or misappropriates a third party’s intellectual property rights, or any activity related to your account (including negligent or willful misconduct) by you or any other person accessing the Site using your account.

Section 17. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the sole and entire agreement between you and Designer Brand with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Section 18. Additional Assistance

For additional assistance or if you have any questions about the Terms, call us Toll-Free at (800) 899-8141 or email info@ariat.com.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Site is Designer Brand International, Inc., 1500 Alvarado Street, Suite 100, San Leandro, CA 94577. To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact Designer Brand via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.

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