PAYLESS SHOESOURCE, INC. MOBILE SMS/MMS PROGRAM TERMS AND CONDITIONS
Your consent is not a condition of purchasing any property, goods, or services from Payless ShoeSource®.
Your failure to follow these Terms and Conditions may result in suspension or termination of your access to the Mobile Program, without notice, in addition to our other remedies. We also reserve the right to discontinue the Mobile Program, or change the content or formatting of the Mobile Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Mobile Program.
Participation and Costs: By providing your cell phone number to us or texting "PAYLESS" or "SHOES" to 78787 (for Canada), you are requesting us to send you text messages and alerts to your cell phone using an automatic telephone dialing system. Your consent is not a condition of purchasing any property, goods, or services from Payless ShoeSource®. For the Canadian program, we will not send you more than 4 text message per month. Depending on the terms of your mobile phone calling plan, Standard Message & Data Rates May Apply.
To Stop the Program: If at any time, you want to stop receiving text messages from us, text "STOP" or "FIN" to 78787 or please send us an email at CustomerService@csr.payless.com or contact us at 1-877-474-6379.
Questions/Help: For help regarding SMS/MMS alerts you receive from us, text "HELP" or "AIDE" to 78787 or call the numbers listed above.
Find Your Carrier: The following carriers are currently supported in Canada: Aliant Mobility, Bell Mobility, Fido, Mobilicity, MTS Mobility, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Télébec Mobilité, TELUS Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile.
Availability and Restrictions: You must be 18 years of age or older to sign up for the Mobile Program, and by signing up you are representing that you are at least 18 years of age. The Mobile Program is available to residents of the 50 United States, and Canada. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Mobile Program from countries outside of the U.S. or Canada, and you agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
Intellectual Property: You agree not to modify the format or branding of the content provided in the Mobile Program ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our parents, subsidiaries, affiliates or licensors and is protected by intellectual property laws in the U.S. and may be protected by laws in other countries. We grant you a limited, non-exclusive, non-transferable, revocable license to receive and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content except as expressly provided for in these Terms and Conditions or with the express written consent from us.
Publicly-Shared Information: Any information shared on another website (Facebook, YouTube, Twitter, etc.) may become public information. We cannot control the use of information disclosed in public forums, such as forums, bulletin boards, blogs, chat rooms, and networking functions of mobile-device applications. You should exercise caution when disclosing information in these public areas, especially your Location-Data, and be careful how you disclose your personal information or information related to you. Content posted in public areas, including advice and opinions, represents the views and is the responsibility of those who post the content. We do not necessarily endorse, support, verify, or agree with the content posted. If you have any questions or comments about any such content or the Mobile Program, please send us an email at CustomerService@csr.payless.com or contact us at 1-877-474-6379.
Location Data: We must capture and record certain information regarding your location and travels, and use of the Mobile Program or our website, (collectively the "Location-Data") in order for us to provide you with the location-based services or functionality of the Mobile Program or our website. We may link your Location-Data to other information that you provide to us or that may be accessed in connection with your use of the Mobile Program or our website. Your use of, and our ability to offer functionality through, the Mobile Program or our website is enabled through our use and disclosure of your Location-Data and associated information to third-parties.
Dispute Resolution: Except for disputes that can be brought in small claims court, all disputes between you and Payless arising out of, relating to or in connection with text, SMS, MMS, recorded or other telephone messages or calls and these terms and conditions shall be exclusively settled through binding arbitration through the American Arbitration Association ("AAA") pursuant to the AAA's then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND PAYLESS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator's award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that if Payless makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Payless. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.
These terms and conditions are governed by the laws of the State of Kansas without regard to conflict of law provisions. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Shawnee County, Kansas.
Additional Legal Information/Disclaimers and Limitations of Liability: We provide the Mobile Program "as is" and shall not be held liable for your use of the information, content, or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE MOBILE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. We are not responsible for incomplete, lost, late, damaged, illegible or misdirected email or mobile messages or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. We are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this Program. CAUTION: ANY ATTEMPT BY A WEBSITE USER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. We reserve the right at its sole discretion to disqualify or restrict access from any individual who tampers with the Mobile Program or its process. We assumes no responsibility for undeliverable emails or text messages resulting from any form of active or passive email or mobile filtering by a user's internet service provider / mobile provider and/or email client or for insufficient space in user's email or mobile phone account to receive email or messages. We reserve the right, in our sole discretion, to cancel or suspend any portion of the Mobile Program should a virus, bugs, or other causes beyond the our control corrupt the administration, security or proper operation of the Program. In the event of termination, a notice will be posted on-line. We reserve the right to modify the Mobile Program or any promotion conducted as part of the Mobile Program, or to disqualify participants, if fraud, misconduct or technical failures destroy the integrity of the Mobile Program as determined by us, in our sole discretion. Void where prohibited; all federal, state and local laws and regulations apply. Coupons received on your mobile phone are not valid at Shopko® locations.