Effective September 21, 2009:
IMPORTANT LEGAL INFORMATION
TERMS OF SERVICE
By accessing or using any features of the site located at www.collectivebrands.com, including the career section of the site located at www.careersatpayless.com or www.collectivenrandsplg.com www.strideriteretailstores.com/careercenter (collectively, the “Collective Brands Site”) operated and managed by Collective Brands, Inc. (“Collective Brands” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Collective Brands Site (collectively, “Users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use the Collective Brands Site.
Please note that the guidelines, policies and other terms and conditions of service and use of other websites affiliated with Collective Brands may vary from these Terms of Service.
If you wish to apply for a job with Collective Brands on the Collective Brands Site you may have to register available at www.careersatpayless.com, www.strideriteretailstores.com/careercenter or www.collectivebrandsplg.com.
These Terms of Service set out the legally binding terms with respect to your use of the Collective Brands Site. Please read these Terms of Service carefully. Your access to and use of the Collective Brands Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the Collective Brands Site.
Changes to the Collective Brands Site
You agree and understand that the Collective Brands Site, including any and all features available via the Collective Brands Site, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Collective Brands Site implemented after your initial access to the Collective Brands Site shall be subject to these Terms of Service.
In order to access some features in the careers section of the Collective Brands Site, you may be required to register, and provide an email address and other information (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Collective Brands Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services
You may use the Collective Brands Site solely for your personal, non-commercial use. For example, you may use the Collective Brands Site to apply for a job and/or submit a resume. You may also invite people you know to apply for a job via the Collective Brands Site. You acknowledge and agree that we do not control any links to other websites, including the content of such sites, and that we do not guarantee or warrant the accuracy, integrity or quality of any such site.
Restrictions on Rights to Use
• Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):
• download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Collective Brands Site, except and to the extent expressly permitted under these Terms of Service;
• remove any copyright, trademark or other proprietary rights notice contained in or on the Collective Brands Site;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Collective Brands Site;
• collect any information about other Users (including usernames and/or email addresses) for any purpose;
• reformat or frame any portion of any Web pages that are part of the Collective Brands Site;
• create user accounts by automated means or under false or fraudulent pretenses;
• interfere with other Users’ enjoyment of the Collective Brands Site;
• transmit or upload to the Collective Brands Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Collective Brands Site, any other website, or any computer or other device or system, or the enjoyment of the Collective Brands Site by any User;
• use the Collective Brands Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
• submit to the Collective Brands Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Collective Brands Site to transfer or store illegal material, including any material deemed threatening or obscene;
• take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Collective Brands Site or the IT infrastructure used to operate and make the Collective Brands Site available;
• use the Collective Brands Site intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
• collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
If you believe any content or any other aspect of the Collective Brands Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Collective Brands Site;
3. Your address, telephone number and email address;
4. 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;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Collective Brands Site may be reached at the following address:
Collective Brands, Inc
Attention: Vice President Corporate Communications
3231 SE Sixth Avenue,
Topeka, KS 66607
With copy to:
Collective Brands, Inc.
Attention: General Counsel
3231 SE Sixth Avenue
Topeka, KS 66607
As between you and us, the Collective Brands Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Collective Brands Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us, our affiliates or our licensors. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Collective Brands Site are the proprietary property of Collective Brands, its affiliates or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Collective Brands Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Collective Brands Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE COLLECTIVE BRANDS SITE, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE COLLECTIVE BRANDS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE COLLECTIVE BRANDS SITE AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COLLECTIVE BRANDS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE COLLECTIVE BRANDS SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE COLLECTIVE BRANDS SITE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COLLECTIVE BRANDS SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE COLLECTIVE BRANDS SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE COLLECTIVE BRANDS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Collective Brands may display advertising prints for products sold through a Collective Brands Site. Collective Brands attempts to display the colors of the products shown on the Collective Brands Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
LIMITATION ON LIABILITY
IN NO EVENT SHALL COLLECTIVE BRANDS OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE COLLECTIVE BRANDS SITE, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COLLECTIVE BRANDS SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN ANY EVENT, COLLECTIVE BRANDS’ RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE COLLECTIVE BRANDS SITE OR ANY PART THEREOF REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COLLECTIVE BRANDS SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold Collective Brands and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Collective Brands Site, (ii) your use of the Collective Brands Site, (iii) your violation of these Terms of Service, (iv) any use of your User ID or password by you or any third party, or (vi the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display on the Collective Brands Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE COLLECTIVE BRANDS SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Changes to Terms of Service
We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Collective Brands Site after any modifications indicates your acceptance of the modified Terms of Service.
Any dispute relative to the Collective Brands Site or use or inability to use the Collective Brands Site will be governed by the laws of the State of Kansas, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Collective Brands Site shall be submitted to confidential arbitration in Topeka, Kansas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Kansas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.
By visiting Collective Brands Site, you agree that the laws of the State of Kansas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Collective Brands Site.
Contact and Violations
Please contact us with any questions regarding these Terms of Service to:
Please report any violations of the Terms of Service to VP Corporate Communications, email@example.com.