1. Site Contents. ll materials on this Site are owned or licensed by Store and/or its third party providers and are protected by United States and international intellectual property laws. The text, images, graphics, video files, and their arrangement on the Site are all subject to copyright and other intellectual property protection. The information, materials, and other contents of this Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of Store. Access to and use of the Site is solely for your personal use. You may download, copy, or print the contents of the Site for your personal reference only. No right, title, or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing, or use of the Site.
3. Trademarks All trademarks, service marks, trade dress, slogans, and logos displayed on the Site are the exclusive property of Store, Store’s suppliers and partners, or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Store or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that Store may enforce its intellectual property rights to the fullest extent of the law.
4. Links to Other Websites. The Site may include links to other websites or other sources of information. Store provides such links only as a convenience to you. Store has neither reviewed the contents of these third-party websites nor does Store claim any responsibility for the content or suitability of these third-party websites and Store makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by Store or any association with their operation. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge that such other sites or locations are not under the control of Store and you agree that Store shall not be responsible for any information or additional links found at such site or location, or for your use of such information.
5. Registration, Accounts, and Passwords. Accessing certain services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of user names, passwords, security questions and answers, or other account identifiers which you choose, and for all activities that occur under such account identifiers. You agree to promptly notify Store of: (i) any loss of your user names, passwords, security questions and answers, or account identifiers, and (ii) any unauthorized use of your user names, passwords, security questions and answers, or account identifiers. Store will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.
6. Interactive Areas and User Contributions. Certain areas of the Site may include user reviews, discussion forums, postings, hashtags or other interactive areas or community features (“Interactive Areas”), that may allow you and other users to submit photos, images, artwork, graphics, sounds, music, designs, video, audiovisual materials, product reviews, comments, questions, feedback, ideas, suggestions, or other information or content via the Site or otherwise (“Contributions”). Contributions do not reflect the views of Store. You are solely responsible for your use of Interactive Areas of the Site and for any Contributions that you post, both of which are done at your own risk. Store takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although Store has no obligation to monitor or screen Contributions posted in any Interactive Area, Store may edit or remove any Contributions on the Site at any time and for any reason without notice.
7. Contribution Guidelines. By using the Site, you agree that your Contributions and use of Interactive Areas will comply with all applicable laws, and will not:
8. Copyright and Intellectual Property Infringement Complaints.
Infringement Policy. Allegedly infringing materials on the Site may be removed or suspended in our discretion or as defined by law. Repeated infringement by a user of the Site may result in a termination of that user’s access to and use of the Site.
Notification to Store. If you believe that anything posted on the Site infringes any copyright that you own or control, please provide Store’s Copyright Agent with the following written information required under the Digital Millennium Copyright Act (DMCA):
9. Risk of Loss. The risk of loss and title for each item purchased by you, pass to you upon our delivery of the item to the carrier. We do not take title to any returned item until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return and, in that event, we do not take title to the refunded item.
10. Forward-Looking Statements. The contents of the Site may contain forward-looking statements that are based on management’s beliefs, assumptions, current expectations, estimates, and projections about the footwear industry, the economy, and about Store itself. These statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions (“Risk Factors”) that are difficult to predict with regard to timing, extent, likelihood, and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, Store undertakes no obligation to update, amend, or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Additional Risk Factors can be found in Store’s quarterly and annual reports on Form 10-Q and 10-K.
Risk Factors include, but are not limited to, uncertainties relating to: changes in demand for Store’s products; changes in consumer preferences or spending patterns; the cost and availability of inventories, services, labor, and equipment furnished to Store; the degree of competition by Store’s competitors; changes in government and regulatory policies; changes in trading policies or import and export regulations; changes in interest rates, tax laws, duties, or applicable assessments; technological developments; changes in the Payment Card Industry’s Data Security Standards; and changes in domestic or international economic conditions. These matters are representative of the Risk Factors that could cause a difference between an ultimate actual outcome and a forward-looking statement.
11. International Use.Because this Site can be accessed internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Store or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any product made on this Site is void where prohibited.
12. Indemnification. As a condition of your use of this Site, you agree to defend, indemnify and hold harmless Store, its subsidiaries and affiliates, and each of their respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, third party partners, and advisors (individually and together, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store, or otherwise transmit on or through the Site (including, without limitation, any Contributions) or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to any Contributions, your conduct, your violation of these Terms or any other Store terms, policies, or agreements available on or through the Site, or your violation of the rights of any third party.
13. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE, ALL CONTENT OF THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE WITH ALL FAULTS BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Store DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, Store DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH Store ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE.
14. Limitation on Liability BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT Store SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Store BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF Store IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER Store NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT.
Store RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
15. Choice of Law and Forum. The Site is controlled and operated by Store from its offices in Rockford, Michigan, and these Terms shall be governed by and interpreted in accordance with the laws of the State of Michigan, without giving effect to its conflict of law principles.
16. Class Action Waiver. You agree that if any dispute should arise between you and Store, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.