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Terms of Use

SHOE SHOW, INC. Website Terms of Use

Last Updated: 09/20/2018

These Terms of Use (“Terms”) govern your access to and use of www.shoeshowmega.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”) and govern your use of the Services, 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 and agree to 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 and Uses of the Services

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).  The Company grants you a personal, non-exclusive, non-transferable, limited license to access and use the Services. As a condition of your license to access to and use the Services, you agree that you will comply with these Terms and 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;
  • Download, copy, or use the Services or any content appearing on the Services for any commercial purpose, whether on behalf of yourself or on behalf of any third party;
  • Violate the intellectual property rights of any person or entity;
  • 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;
  • Access the Services through any automated means, including “robots” and “spiders”, or attempt to gain unauthorized access to any portion or feature of the Services; or
  • Use data mining, robots, or similar data gathering and extraction tools to scrape, collect, store, or use any content, including product listings, descriptions, prices, or images, found on the Services.

We reserve the right to suspend or terminate the license granted to you to use the Services, your User Account or cancel orders if, in our sole discretion, you do not comply with the terms of this Agreement.   

4. Account Registration and Security

In order to access certain features of the Services, you have to create an account with us (“User Account”).  You will be asked to provide your name and email address and a password to create your User Account.  You may only create one User Account as an individual.  You must safeguard your password and supervise the use of your User Account, and understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify us immediately of any unauthorized use of your User Account.

Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.  If you violate any of these limitations, we may terminate your User Account. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

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  User Account.  You agree to immediately notify the Company if you become aware of any unauthorized use of your password or User Account.

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 RightsAll 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, appearing with the trademark symbol or registration 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.

Contact information for the Company’s agent for notice of claims of copyright infringement is:

Office of the General Counsel, Shoe Show, Inc. PO Box 648 Concord, NC 28026.

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. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on this Site is inaccurate at any time without prior notice.  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.  Products may have limited quantities and are subject to return or exchange only according to our Return Policy, which terms are made part of these Terms by this reference.  We reserve the right to limit the quantities of any products or services that we offer and reserve the right to discontinue any product at any time.

The Services are administered and operated from the United States.  Not all products or services provided or offered through or on the Services are available to all persons in all geographic locations.  The Company reserves the right to limit, in its sole discretion, the provision of products or services to any person or geographic area.  Any offer for any product or service made on the Site is void where prohibited.

9.  User Comments and Submissions

If you provide us with ideas, suggestions, review, feedback, or other materials in any and all media or formats, including, without limitation, any photographs, graphics, artwork, videos, sound clips, or text (collectively or individually, “Submission” or “Submissions”), by any method, either at our request or otherwise, you agree that we may edit, copy, display, publish, distribute, translate and use such Submissions for any purpose, without restriction.  You agree that we are under no obligation to: (1) maintain any Submission in confidence; (2) compensate you or any party for any Submission; or (3) to respond to any Submission.

We may, but have no obligation to, monitor, edit or remove from the Services any content or Submission that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that we believe violates any party’s intellectual property or these Terms of Use.

You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submission. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submission posted on the Services by you or any third-party.

10. Disclaimer of Warranties

THE SERVICES-- AND ANY PRODUCTS THAT ARE OFFERED THROUGH THE SERVICES (“PRODUCTS”) -- ARE PROVIDED “AS IS.”  THE COMPANY makes no representations about the accuracy, reliability, completeness, or timeliness of the Services.  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 THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

11. Limitation of Liability

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCTS OR YOUR 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.  NOTWITHSTANDING THE FOREGOING, IF COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, COMPANY’S TOTAL LIABILITY SHALL IN NO EVENT EXCEED US $250.  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.

12. 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 User Account).

13. 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.

14. Termination

The Company may terminate this agreement for any reason at any time.  The Company reserves the right, in its sole discretion, to interrupt, suspend or terminate operation of the Services or 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.

15. 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.

16. 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.