Membership Terms & Conditions

SIMPLE Membership Program Terms and Conditions


Last updated: July 28, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE SIMPLE SHOES MEMBERSHIP PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE SIMPLE SHOES WEBSITE TERMS OF USE, AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THE WEBSITE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM. MANDATORY ARBITRATION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION). PLEASE REVIEW SECTION 9 BELOW REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS.

 

  1. PROGRAM ELIGIBILITY AND MEMBERSHIP

The Simple Shoes 30 for 30 Membership Program (“30 for 30” or “Simple Membership”) is a paid membership and rewards program, offered at the sole discretion of Simple Shoes, LLC. ("Simple,” Simple Shoes”, "we", "our" or "us"). To be eligible for participation in the Membership, you must be a United States resident and at least thirteen (13) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) or the applicable age of majority in their legal state of residence (collectively, "Minors") must obtain the consent of their parent or legal guardian prior to participation in the Membership. The Membership is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Simple Shoes and its subsidiaries, affiliates and divisions are not eligible to participate in the Membership. The Membership is void where prohibited or restricted by law.

By joining the Membership and becoming a member, you agree (or in the case of a Minor participant, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood and agree to be bound by these Simple® 30 for 30 Membership Terms of Use ("Terms") and by any changes or modifications that we may make hereto as well as all other terms of use and policies incorporated by reference. We reserve the right to revise these Terms at any time in our discretion without prior notice to you. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms or related FAQs, they will be posted on the website at SimpleShoes.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and website Terms of Use, which are incorporated herein by reference. Your continued participation in the Membership after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our website Privacy Policy and our website Terms of Use, you cannot participate in the Membership.

 

 

  1. Program Enrollment

2.1. Eligible individuals may enroll in the Membership by visiting SimpleShoes.com. To enroll online, visit SimpleShoes.com and follow the Membership prompts to enroll. An annual fee of $30, processed via credit card or PayPal, is required to sign up for the Simple Shoes 30 for 30 Membership. 

 

2.2. To enroll in the Membership, you may be required to provide any or all of the following: your first and last name, valid email address, telephone number, zip code and valid credit card.  You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at customerservice@simpleshoes.com.


2.3. Only one Membership account may be associated with a single email address. In the event of a dispute over the ownership of an account membership, the member will be deemed to be the authorized account holder of the email address submitted at the time of Membership enrollment. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Membership multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.





  1. How the Membership Works. 

3.1 Upon purchasing membership, a discount of 30% will be applied to all orders placed when you (“the user”) is logged in to their SimpleShoes.com account. Exclusions apply, and are appropriately annotated on individual products in their product descriptions. 



3.2 If you have concerns regarding your 30 for 30 Simple Membership account activity, including, by way of example and not limitation, your 30% discount not being applied to a Qualifying Purchase, please contact our customer service team by email at customerservice@simpleshoes.com. 

 

 

  1. Communications

4.1 By enrolling in the Membership, you will be automatically subscribed to receive marketing emails from Simple Shoes, including Membership-related communications.


4.2 You may opt-out of receiving marketing emails from Simple Shoes at any time by clicking the "unsubscribe" link in the email to manage your preferences or as otherwise provided in the Simple Shoes Privacy Policy. You may choose to receive only Program-related communications. Examples of these communications include emails relating to your Program account, rewards redemption or other Program service-related emails. 


4.3 Promotional Text Message Consent: At your sign up for the Membership, by checking the box to opt in to the receipt of text messages from Simple Shoes, you consent to receive automated marketing by text message from Simple Shoes or any of its vendors, including through the use of an automatic telephone dialing system, at the telephone number you provided. Consent is not a condition to purchase. Message and data rates may apply.


4.4 User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Simple Shoes or sent on behalf of Simple Shoes in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.


4.5 Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the telephone number that you provided to us, including canceling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.


YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.

 

4.6 Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.


  1. Privacy

We value and respect your privacy. The personal information that we collect from you in connection with the Membership is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Membership, providing you with any rewards or benefits that you redeem under the Membership, marketing in connection with the Membership, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy.

 

  1. Membership Termination, Cancellation or Modification

6.1. The Membership and its benefits are offered at Simple Shoe’s sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Membership or any aspect of it at any time, in our sole discretion and without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.


6.2. If you decide that you no longer want to participate in the Membership, as applicable, you may cancel your membership at any time by contacting our customer service team at customerservice@simpleshoes.com. Please note that if you are cancelling your membership, any annual fee you’ve already paid for that calendar year for the Simple Shoes 30 for 30 Membership Program is nonrefundable.


 6.3. We reserve the right, in our sole discretion, to terminate any member from the 30 for 30 program for any reason, including but not limited to, a member's failure to comply with these Terms, the Terms of Use of the Simple Shoes Website, any suspected abuse of the Membership, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Membership. 


  1. Disclaimer of Warranties; Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Membership. To the fullest extent permitted by applicable law, your participation in the Membership, and our obligations and liabilities in respect thereto, is expressly limited as follows:

 

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MEMBERSHIP AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER Simple Shoes NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE MEMBERSHIP OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


7.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SIMPLE SHOES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE MEMBERSHIP AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE MEMBERSHIP; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE MEMBERSHIP; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SIMPLE SHOES SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE MEMBERSHIP AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.


7.3 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SIMPLE SHOES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE MEMBERSHIP AND/OR YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY MEMBERSHIP REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).


7.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE MEMBERSHIP, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE MEMBERSHIP OR ARE DISSATISFIED WITH THE MEMBERSHIP, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE MEMBERSHIP AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.


  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SIMPLE SHOES, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.




  1. Governing Law, Arbitration, No Class Actions

9.1. GOVERNING LAW: The Membership and these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.


9.2. ARBITRATION: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND STEVEN MADDEN LTD., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE MEMBERSHIP, SIMPLE SHOES WEBSITES,THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.


9.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE MEMBERSHIP, TO SIMPLE SHOES WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE GIFT CARDS OR WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE.



  1. Customer Service

For information about the Simple Shoes 30 for 30 Membership Program or your membership, contact our customer service team via email at customerservice@simpleshoes.com. Please also visit our FAQs for answers to frequently asked questions about the Membership.