SHOE SHOW, INC. Terms of Use

TERMS OF SERVICE 08/26/2013 These Terms of Service (“Terms”) govern your access to and use of www.shoeshow.com and any other online application that links to these Terms (collectively, the “Services”).  These Terms are a legal contract between you and Shoe Show, Inc. and its subsidiaries and affiliates (referred to herein collectively as the “Company”), so it is important that you review these carefully before using the Services.  PLEASE NOTE THAT SECTION 11 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.  THIS AFFECTS YOUR RIGHTS WITH RESPECT TO RESOLVING DISPUTES WITH THE COMPANY.  PLEASE READ IT.  Your use of Services indicates that you agree to follow and be bound by the Terms.  

1. Changes to the Terms

The Company reserves the right to change the Terms or modify any features of the Services at any time in its sole discretion.  The most current version of the Terms is posted here. Continuing to use the Services after changes are posted means that you accept the changes.  

2. Your Privacy

Your use of the Services also is governed by our Privacy Policy.  By using the Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy.  

3. Compliance with Applicable Laws

 When you access or use the Services, you are required to comply with all applicable laws and any other conditions or restrictions in any written or online notice from the Company (including these Terms).  As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms.  The Services are offered for your personal and non-commercial use only, and the Company does not grant you any express or implied rights to access or use the Services for any other purpose.Without limiting the generality of the foregoing, you agree not to:  Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;Upload or otherwise transmit any communication, software, or materials that contain a virus or is otherwise harmful to the Company or its users’ computers or systems; orAccess the Services through any automated means, including “robots” and “spiders.” 

4. Registration and Security 

 You may be asked to provide information about yourself in connection with the Services (for example, when you make a purchase).  When you do so, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy.  The Company has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services in its sole discretion. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Services, and you are responsible for all activities that occur under your password or account.  You agree to immediately notify the Company if you become aware of any unauthorized use of your password or username.

5. Intellectual Property of the Company and Its Licensors

  • Copyright.  The Services (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) are protected under the copyright laws of the United States and other countries.  All copyrights in the Services are owned by the Company or its third-party suppliers and licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Services, except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the content.  
  • Trade and Service Mark Rights.  All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or its third-party suppliers and licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of, its affiliates, or any third party.  To obtain written permission to use the trade and service mark rights of the Company, please contact the Office of General Counsel (“Designated Agent”), Shoe Show, Inc., PO Box 648, Concord, NC, 28026-0648 or at OGC@shoeshow.com.  

6. Notice of Infringement

 The Company respects the intellectual property rights of others, and requires that users do the same.  If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide the Company’s Designated Agent with the following information in writing:

  • Identification of the copyrighted work or other intellectual property claimed to have been infringed;
  • Identification of the allegedly infringing material, reference, or link that is to be removed and information reasonably sufficient to permit the Company to locate the material, reference, or link;
  • Your name, address and daytime telephone number, and an email address if available, so that the Company may contact you if necessary;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.  

Please note that due to security concerns, email attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed.Upon receipt of a notice of claimed infringement (or any statement in conformity with 17 U.S.C. § 512(c)(3)), the Company will expeditiously remove or disable access to the allegedly infringing content.  The Company will terminate the service privileges of users who repeatedly infringe the copyrights or other intellectual property rights of others. United States law provides significant penalties for falsely submitting a notice of copyright infringement.  

7. Third-Party Content and Links to Third-Party Websites

The Services may contain third-party owned content and advertisements (“Third-Party Content”) and links to other websites (“Linked Sites”).  The Company does not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Content or Linked Sites.  You acknowledge that Third-Party Content and Linked Sites are not under the control of the Company, and the Company is not responsible for the content or privacy practices of the Third-Party Content or Linked Sites.

8. Pricing and Content Information

Despite our best efforts to prevent it, pricing, typographical or other content errors (such as product descriptions) may occur. If discovered prior to shipping, the Company shall have the right, in its sole discretion, to cancel the order or to contact you for instructions.

Some pricing on the Services does not match the price in our stores. Our stores do not honor pricing shown on the Services.

9. Disclaimer of Warranties

The Services-- and any products that are offered through the services (“PRODUCTS”) -- ARe provided “as is.”  THE COMPANY makes no representation or warranty of any kind whatsoever relating to the ServiceS, Products, Linked Sites, or other content that may be accessible directly or indirectly through the site.  THE COMPANY disclaims to the maximum extent permitted by law any and all such representations and warranties.  Without limiting the generality of the foregoing, THE COMPANY disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to the transmission or delivery of the sERVICES, (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the ServiceS or otherwise by THE COMPANY, and (e) warranties otherwise relating to performance, nonperformance, or other acts or omissions by THE COMPANY or any third party.  Further, there is no warranty that the serviceS-- or products offered through the services -- will meet your needs or requirements or the needs or requirements of any other person.  THE COMPANY makes no warranties or representations, express or implied, (a) that the information provided through the serviceS will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the serviceS or products will be available at any particular time or location; (c) that defects or errors in the serviceS or products will be corrected; or (d) that the content on the serviceS is free of viruses or other harmful components.  Any information on this service is subject to change without notice, and THE COMPANY disclaims all responsibility for these changes. 

10. Limitation of Liability

In no event will THE COMPANY or its affiliates, or any party involved in creating, producing, or delivering the Service be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your use of the products oryour access, use, misuse, or inability to use the ServiceS or any Linked Sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.  In the event that you have a dispute with another person or entity related to, arising from, or in any way connected with use of the ServiceS, you release THE COMPANY from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.  These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if THE COMPANY has been advised of the possibility of such damage.  Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, THE COMPANY’s liability in such jurisdictions shall be limited to the extent permitted by law. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION.  

11. Indemnification

You agree to indemnify and hold harmless the Company, and its directors, officers, managers, employees, and agents from and against any and all claims, losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from your violation of the Terms (or anyone you allow to use your account).

12. BINDING ARBITRATION AND CLASS WAIVER

This section applies to any dispute you have with the Company, unless the dispute involves rights to your, the Company’s, or our licensor’s intellectual property.  

  • Notice of Dispute.  In the event of a dispute, you or the Company must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution.  You must send any Notice of Dispute by U.S. Mail to the Company at Office of General Counsel, Shoe Show, Inc., PO Box 648, Concord, NC, 28026-0648.  The Company will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and the Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or the Company may commence arbitration.
  • Small claims court.  You may also litigate any dispute in small claims court in Cabarrus County, North Carolina or in your own county of residence, if the dispute meets all the requirements to be heard in small claims court.  You may litigate in small claims court whether or not you negotiated informally first. 
  • Binding Arbitration.  If you and the Company do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.  Any court with jurisdiction over the parties may enforce the arbitrator’s award.Class
  • Action Waiver.  Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
  • Arbitration Procedures.  Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules.  You agree to commence arbitration only in your county of residence or in Cabarrus County, North Carolina. The Company agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
  • Arbitration Fees.  For disputes involving $75,000 or less, the Company will reimburse your filing fees and pay the AAA’s and the arbitrator’s fees and expenses.  For disputes involving more than $75,000, the AAA Rules will govern payment of all filing fees and expenses.  
  • Claims or disputes must be filed within one year.  To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
  • Severability. If any other provision of this section 12 is found to be illegal or unenforceable, that provision will be severed, with the remainder of section 12 remaining in full force and effect.

13. Termination

The Company may terminate this agreement for any reason at any time.  The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice.  Otherwise applicable sections of the Terms shall survive termination.

14. No Waiver

The failure of the Company to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

15.  Miscellaneous

  • Choice of Law and Forum.  These Terms are governed by, and must be construed in accordance with, the laws of the State of North Carolina.  In connection with any dispute not governed by Section 12 of these Terms, you agree to submit to the exclusive jurisdiction of the federal or state courts located in (or whose jurisdiction comprises) Cabarrus County, North Carolina.  
  • Integration and Severability.  Unless otherwise specified herein, the Terms constitute the entire agreement between you and the Company and govern your use of the Services.  If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
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