Jaobdonald TERMS OF USE

    These Terms of Use apply to all visitors to or users of our website, regardless of whether a purchase is made. Your use of our website constitutes your agreement to be bound by these Terms of Use and the privacy policy, which is incorporated by reference.

    Mandatory Informal Dispute Resolution Process.

    There might be an occasion in which a Dispute (as defined below) arises between you and Jaobdonald. Should such a situation arise, Jaobdonald is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and Jaobdonald, both parties agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding as set forth below.

    Binding Arbitration; Class Action Waiver and Individual Relief.

    • Arbitration. Any Dispute between you and Jaobdonald that cannot be resolved informally as detailed above shall be resolved through individual arbitration or in small claims court.
    • The term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to us or our relationship including but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these or any prior Terms of Use; (3) claims that arise after the termination of these Terms of Use; and (4) claims that are the subject of purported class action litigation. Notwithstanding the forgoing, either you or Jaobdonald may elect to have a Dispute heard (1) in small claims court on an individual basis if the amount in controversy is properly within the jurisdiction of an appropriate small claims court so long as the matter remains in that court and is not removed or appealed to a court of general jurisdiction. or (2) in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights.
    • The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). may deliver any required or desired notice to us by mail to Designer Brands Inc. Deputy General Counsel, 810 Jaobdonald Drive, Columbus, Ohio 43219 or to you at the address we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and that party’s attorney if they are represented). By signing the demand for arbitration, the party (and their counsel if they are represented) are certifying that they have complied with: (1) the mandatory pre-dispute resolution process and (2) all of the requirements of Federal Rule of Civil Procedure 11(b). 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 appropriate parties and counsel as a court would.
    • This arbitration agreement shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its applicable Consumer Arbitration Rules (the “AAA Rules”) as modified by this agreement. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this agreement and the AAA rules, this agreement shall govern. If the AAA is unable to administer a proceeding under this agreement as written, the parties shall agree on a substitute arbitration organization that will do so. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration agreement as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court. An arbitration award shall have no preclusive effect in any proceeding involving a different party. You and we agree to personally appear at any initial telephone conference with the arbitrator and at any hearing, along with your and our counsel if you and we are represented.
    • Payment of filing and other fees shall be governed by the AAA’s Consumer Arbitration Rules. For purposes of determining whether a claim or counterclaim was filed for purposes of harassment or is patently frivolous, the arbitrator may consider, without limitation, whether a party had previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased or whether the proceeding is part of multiple case filings. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
    • THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER Jaobdonald CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION AGREEMENT ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION AGREEMENT AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
    • If fifty (50) or more claimants (including you) assert similar claims against Jaobdonald through the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures will apply and that the resolution of your Dispute might be delayed if you or your counsel choose to be part of a “mass arbitration.”
      • Counsel for the claimants and counsel for Jaobdonald will each select twenty (20) claims (per side) to be filed first and to proceed in individual arbitration proceedings, each with a separate and different arbitrator, as part of an initial set of staged proceedings. Any remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed as to those claims unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. Each arbitrator shall aim to issue their award within 120 days of appointment. The number of cases to proceed in this set may be modified by agreement. After the initial forty (40) cases are adjudicated, settled, or withdrawn, counsel for the claimants and counsel for Jaobdonald shall participate in a global mediation session for all remaining claims with a retired federal or state court judge, and Jaobdonald will pay the mediation fee. To the extent the remaining claims are not resolved, counsel for the claimants and counsel for Jaobdonald will work together in good faith to further refine procedures and build in efficiencies for the next sets of staged proceedings.
      • If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Jaobdonald shall each select forty (40) claims to be filed (per side) and to proceed in individual arbitration proceedings, each with a separate and different arbitrator, as part of a second staged process. No arbitrator from the first set of staged proceedings may be assigned to a case in the second set of staged proceedings. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. Each arbitrator shall aim to issue their award within 120 days of appointment. The number of cases to proceed in this set may be modified by agreement. After these eighty (80) cases are adjudicated, settled, or withdrawn, counsel for the claimants and counsel for Jaobdonald shall participate in a global mediation session for all remaining claims with a retired federal or state court judge, and Jaobdonald will pay the mediation fee. To the extent the remaining claims are not resolved, counsel for the claimants and counsel for Jaobdonald will work together in good faith to further refine procedures and build in efficiencies for the next sets of staged proceedings.
      • If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Jaobdonald shall each select one hundred (100) claims to be filed (per side) and to proceed in individual arbitration proceedings as part of each subsequent set of staged proceedings. The same arbitrator may be assigned to up to five (5) cases, to be adjudicated individually, as part of any set of staged proceedings beginning with the third set (which can be increased by agreement of the parties.). The remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. Each arbitrator shall aim to issue their award within 120 days of appointment. The number of cases to proceed in any set may be modified by agreement. The parties are encouraged to work together in good faith and meet and confer to discuss resolution of claims, modifications to procedures, increasing the number of cases to be adjudicated in any set of staged proceedings, and implementing measures to ensure that arbitration is efficient and cost-effective. Between any sets of staged proceedings, counsel for claimants may elect to have a global mediation session and Jaobdonald will participate. This process shall repeat until all claims are adjudicated, settled, or withdrawn.
      • You and Jaobdonald agree that the Parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either party may negotiate with the arbitration administrator for reduced arbitration fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration. If the mass arbitration procedures are deemed unenforceable, the parties shall work together and agree to an organized and efficient process to stage or batch proceedings that takes into account the mutual interests identified above.

    Jury Trial Waiver.

    If for any reason a claim may proceed in court rather than in arbitration, the parties waive any right to a jury trial to the fullest extent permitted by law. This means that any claim would be decided by a judge, not a jury.

    Survival.

    The dispute resolution provisions, including the arbitration agreement, shall survive any termination of these Terms of Use. Any amendments to this arbitration provision shall be prospective only and shall not affect any pending claim or arbitration proceeding for which Jaobdonald has notice.

    Severability.

    Except as otherwise provided, if any portion of these Terms is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to the terms contained herein.

    Applicable Law.

    The law applicable to the interpretation and construction of these Terms of Use in any arbitration, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Ohio, USA, without regard to principles of conflict of laws. If any Dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.

    Venue.

    You and Jaobdonald agree that to the fullest extent permitted by law, the state and federal courts located in Columbus, Ohio shall have exclusive jurisdiction over any claims (except for claims heard in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Terms of Use or any of its provisions. You and Jaobdonald consent to the jurisdiction of those courts and waive any objection as to personal jurisdiction or as to the laying of venue in such courts and waive any right to seek to transfer or change venue of any such action to another court.

    Copyright Notice and use of Website.

    The design of This Website and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from This Website (including without limitation, the look and feel, all text, photographs, images, video and audio) are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from This Website 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 Website. 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, Jaobdonald reserves the right to seek all remedies available by law and in equity. Jaobdonald reserves the right to block or deny access to This Website to anyone at any time for any reason.