TERMS OF USE

Important COVID-19 updates for returns, shipping, selling, and more.

Last Updated: August 21, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

Peggy Shoes is an footwear resale marketplace, offering a convenient option for shopping quality secondhand women’s and men shoes. The following Terms of Use constitute a legally binding agreement (the “Terms”) between you and Peggy Shoes Inc. and its affiliates (“Peggy Shoes,” “we,” “us” or”our”) governing your use of our website(s), mobile applications, stores and other services or content available through the foregoing (collectively, the “Services”). You also agree to and accept our Privacy Policy which describes how we use the information you provide Peggy Shoes.

Please read these terms of use carefully. By creating an account, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any products.

These Terms govern how claims you and Peggy Shoes have against each other can be brought and will require you to submit claims you have against Peggy Shoes to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.

CHANGES

We may revise these Terms, our Privacy Policy, our policies, and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to these Terms and Privacy Policy as revised. We will always post the most current version here. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. Any changes or modifications to our Services and/or policies including but not limited to, Terms of Use, Privacy Policy, will be effective upon posting of the revisions. Your continued use of the Services after the date of any such changes or modifications will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions.

PRIVACY AND DATA RETENTION

Please review our privacy policy which is incorporated into these Terms of Use and governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.

Peggy Shoes will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Peggy Shoes will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Peggy Shoes always reserves the right to disclose any information as Peggy Shoes deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

LICENSE GRANT

Peggy Shoes operates one or more websites and related mobile applications where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by the Company. Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms of Use. You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website.

ACCOUNT REGISTRATION

In order to use the Services, you must register an account with Peggy Shoes directly or through an authorized third-party service (each, a “TPS”) such as Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your Peggy Shoes account.

Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Peggy Shoes shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.

If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.

You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Peggy Shoes reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.

ACCOUNT CREDITS

Unless otherwise stated, credit offered to you in consideration for your items that sell will be non-transferable and available for shopping on the Website. Alternatively, shopping credit offered to you in exchange for returns, referrals, or other reasons will be non-transferable and only available for shopping on the Website. At Peggy Shoe’s discretion, any such credit remaining in your account for more than one (1) year.

PURCHASES AND PRICING

In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Peggy Shoes will store and update (e.g. upon expiration) your payment method on file.

Our inventory availability and listing prices are subject to change at any time without notice. Pricing for items from non-local distribution centers may include a surcharge to cover additional localization and logistics costs. In order to maximize the selection of items available for sale, Peggy Shoes reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Peggy Shoes reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.

Promotional offers do not apply to Peggy Bundle Boxes. To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to new customer and first-time purchase promotions. Except as otherwise stated, all prices are quoted in U.S. Dollars and all promotions may be limited to U.S. customers.

Except as otherwise stated, the risk of loss for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).

For additional information on transactions and pricing, please consult our FAQ page.

RETURN AND REFUND POLICY

Except as otherwise stated, you have 14 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method in the form of Peggy Shoes Credit in store. If you choose to receive a refund original form of payment, a return shipping fee will be deducted from your refund amount. If you choose to receive Peggy Shoes shopping credit, Peggy Shoes will provide you with a prepaid return label. However, customers initiating more than one return per month will be responsible for the cost of return shipping. Items purchased with Peggy Shoes shopping credit will always be refunded back as shopping credit. Original shipping charges will not be credited or refunded when returning items.

Please note that we will only offer store credit for your refund of items if they are returned to Peggy Shoes on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item will be forfeited. For information on how to create an order return please email us at info@peggyshoes.com

Handbags and final sale items are non-returnable. However, we do guarantee the quality and authenticity of handbags. We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our request more information at info@peggyshoes.com

RESTOCKING FEES

In order to keep our prices low, certain items may be subject to restocking fees in addition to any applicable return shipping fees. If an item is subject to a restocking fee, we will clearly display the restocking fee in the Item Details section as well as in the returns process.

PRODUCT DESCRIPTIONS

While we attempt to be as accurate as possible, Peggy Shoes does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by Peggy Shoes is not as described, your sole remedy is to return it in unused condition.

COMPARISON PRICING

ESTIMATED RETAIL PRICING FOR SECONDHAND ITEMS

The strikethrough price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction and material offered elsewhere in new condition. If more than one strikethrough price is shown, the highest-priced strikethrough price next to the item represents the estimated original retail price referenced above and the lower-priced strikethrough price represents the original listed price on Peggy Shoes. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference prices are set by a seasoned team of merchants who monitor market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.

AUTHENTICITY

Peggy Shoe’s authentication process is in-house and independent and if Peggy Shoes cannot verify the authenticity of an item If it does not meet the authenticity standard, it will not be listed regardless of its condition and Peggy Shoes we discard the product and we never list any item on our website.

Brands sold on the Website are not partnered or affiliated with Peggy Shoes in any manner. However, Peggy Shoes fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors or places where we thrifted shoes, donated or source our shoes.

INTERNATIONAL CUSTOMS, DUTIES AND TAXES

You are responsible for assuring that our products can be lawfully imported to your destination country. International orders (shipped to countries outside of the United States) may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your country and are the responsibility of the customer. We have no control over these charges and cannot predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause delays beyond our delivery estimates.

Shipping times for international orders can vary, but we would recommend that you allow at least 2-3 weeks for orders from the time it leaves the US for you to receive it. There may be some cases when packages are delivered outside of the listed estimated timeframe. Please note international orders that are canceled after the order is shipped will not be refunded.

TRADEMARK NOTICE

Please note that Peggy Shoes is an independent reseller and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third-party brand names and logos used in any commercial context by Peggy Shoes are trademarks and/or registered trademarks of their respective holders. Any such appearance does not imply any affiliation with or endorsement of Peggy Shoes.

ACCESS TO THE SERVICES

App Stores. With respect to any mobile application (each, an “App”) accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them.

Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Peggy Shoes you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Peggy Shoes, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the Software). Any rights not expressly granted herein are reserved by Peggy Shoes.

PEGGY SHOES® is a registered trademark in the U.S. Patent and Trademark Office. These and any other Peggy Shoes product or service names or slogans displayed through the Services are trademarks of Peggy Shoes. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Peggy Shoes is the service mark, trademark and/or trade dress of Peggy Shoes and you may not copy, imitate or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Peggy Shoes and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.

Peggy Shoes respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act. with our Designated Copyright Agent:

Peggy Shoes Inc.

Legal Department

415 N. Sangamon

Chicago, IL 60642

Email: info@peggyshoes.com

When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:

• A 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 the site;

• Your address, telephone number, and email 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.

FEEDBACK AND USER CONTENT

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content.

Peggy Shoes reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of Peggy Shoes if Peggy Shoes should choose to use the User Content. Peggy Shoes shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Peggy Shoes does include your User Content, or any part thereof, you are deemed to have granted Peggy Shoes a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.

which pulls User Content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #PeggyShoes, #peggyshoesstore, #instapeggy, #shoponpeggy (collectively, the “Peggy Shoes Hashtags”), or tagging the @Peggyshoestore account. You acknowledge and agree that the User Content may be used by Peggy Shoes, for marketing purposes, including without limitation, email, social media, direct mail, etc., or on any sites Peggy Shoes owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.

You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Peggy Shoes, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.

You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Peggy Shoes for all claims resulting from User Content you supply. Peggy Shoes has the right but not the obligation to monitor and edit or remove any activity or User Content. Peggy Shoes takes no responsibility and assumes no liability for any User Content posted by you or any third party. Peggy Shoes, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.

Peggy Shoes reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Peggy Shoes, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Peggy Shoes, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by Peggy Shoes. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.

ELECTRONIC COMMUNICATIONS

By creating an account, you agree that you may receive communications from Peggy Shoes, including, but not limited to, newsletters, promotions, special offers, account reminders and updates.

When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails.

RIGHT TO ACCESS

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. For example, Peggy Shoes does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.

RESTRICTED ACTIVITIES

With respect to your use of the Services and Website, you agree that you will not:

1. impersonate any person or entity;

2. stalk, threaten, or otherwise harass any person, or carry any weapons;

3. violate any law, statute, rule, permit, ordinance or regulation;

4. interfere with or disrupt the Services;

5. post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;

6. use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

8. “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or

9. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;

10. rent, lease, lend, sell, redistribute, license, sub-license or access to any portion of the Services;

11. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;

12. link directly or indirectly to any other websites.

13. discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,

14. cause any third party to engage in the restricted activities above.

15. use the Website and Services for any unlawful purposes.

16. sell, resell, sub-license, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof.

17. collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”];

18. adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;

19. download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;

20. use any meta tags or any other “hidden text” utilizing Peggy Shoes name or trademarks or any third party’s name or trademarks without the express written consent of Peggy Shoes or the applicable third party.

21. publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;

22. collude against another person in restraint of trade and competition;

23. create a hyperlink to the Website, or any page of the Website, without Peggy Shoes’s express written consent; or

24. imply affiliation with or endorsement or sponsorship by Peggy Shoes, or cause confusion, mistake, or deception in connection therewith.

RELEASE AND INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Peggy Shoes and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Peggy Shoes, the “Peggy Shoes Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your misuse of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the Peggy Shoes Parties of any third party claims, cooperate with the Peggy Shoes Parties in defending such claims and pay all fees, costs [including non-statutory costs] and expenses associated with defending such claims (including but not limited to attorney’s’ fees). You further agree that the Peggy Shoes Parties shall have control of the defense or settlement of any third-party claims.

LIMITATION OF LIABILITY AND DISCLAIMER

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY PEGGY SHOES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEGGY SHOES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEGGY SHOES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. PEGGY SHOES DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, PEGGY SHOES’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PEGGY SHOES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PEGGY SHOES IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER ILLINOIS LAW.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.

DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

INFORMAL DISPUTE RESOLUTION

In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution and contact us at info@peggyshoes.com

If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

1. to Peggy Shoes at:

Peggy Shoes Inc.

Attention: Legal Department

969 Broadway, Suite 200

Oakland, CA 94607

OR

2. to you at: your last-used billing address or the billing and/or shipping address in your online profile.

You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

ARBITRATION AGREEMENT

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Peggy Shoes expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS

All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and Peggy Shoes agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Peggy Shoes hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

TERMINATION

Terms of Use are effective unless and until terminated by either you or Peggy Shoes. You agree that Peggy Shoes, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Peggy Shoes may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Peggy Shoes may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Peggy Shoes shall not be liable to you or any third-party for any termination of your access to the Services.

Peggy Shoes may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (Peggy Shoes, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the Peggy Shoes may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Peggy Shoes.

Peggy Shoes reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Peggy Shoes may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Peggy Shoes places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.

GENERAL INFORMATION

These Terms shall be governed by the laws of the State of Illinois without regard to choose of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Peggy Shoes, in our sole discretion.

Except as explicitly stated otherwise, any notices to Peggy Shoes shall be given by certified mail, postage prepaid and return receipt requested to:

Peggy Shoes Inc.

415 N. Sangamon

Chicago, IL 60642

Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to Peggy Shoes during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

These Terms along with our Privacy Policy and the terms set forth collectively set forth the entire understanding and agreement between you and Peggy Shoes with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or after these Terms or are signed or acknowledged by any member of the Company parties.

If Peggy Shoes takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Peggy Shoes shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.

To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.

QUESTIONS?

If you have questions about these Terms or the Services, contact or our legal department at info@peggyshoes.com