IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS AND CONDITIONS, WHICH INCLUDE A BINDING ARBITRATION AGREEMENT, CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF SHOEMETRO.COM AND ALL OTHER SHOEMETRO WEBSITES. REFERENCES TO “SHOEMETRO.COM” OR “THIS WEBSITE” SHALL REFER GENERALLY TO ALL OF SHOEMETRO’S WEBSITES, INCLUDING MOBILE APPLICATIONS. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Arbitration Agreement. By using this Web site (“Website”) you agree that all claims relating to your access or use of this Website, including all disputes arising out of, or related to, any products or services purchased from ShoeMetro (“ShoeMetro”, “us”, “we”, or “our”) through this Website, will be resolved exclusively by final and binding arbitration conducted in accordance with the then-current Commercial Arbitration Rules of either the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Services (“JAMS”); provided that, this Arbitration agreement does not extend to claims for infringement or other misuse of intellectual property rights for which either party can bring suit in a court of competent jurisdiction. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to: ShoeMetro, Deputy General Counsel, 8960 Carroll Way, Suite 100, San Diego, California, 92121. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the county where you live or at another mutually agreed upon location.
Class Action Waiver. YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT ON AN INDIVIDUAL BASIS. ANY CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS THE PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT ALSO PREVENTS YOU FROM PARTICIPATING IN AN EXISTING CLASS ACTION BROUGHT BY ANY OTHER PARTY. IF THIS CLASS ACTION WAIVER IS FOUND TO BE VOID OR UNENFORCEABLE, THE DISPUTE SHALL BE RESOLVED IN STATE OR FEDERAL COURT RATHER THAN IN ARBITRATION.
License and Use of Materials. Use of this Website grants authorized persons a limited license to access and make personal use of this Website. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You are not permitted to download or modify this Website or any portion of it; reproduce, duplicate, copy, sell, resell, visit or otherwise exploit this Website for any commercial purpose; frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) displayed within this Website; or use any Meta tags or any other “hidden text” utilizing the ShoeMetro name or its derivative names or Marks without prior written consent of ShoeMetro, as evidenced by the signature authority of a duly authorized corporate officer. Any unauthorized use of this Website terminates the license granted by ShoeMetro.
All information of any kind or nature, received, viewed or communicated in connection with this Website, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by ShoeMetro. No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted or distributed in any way; provided that you may download one copy of such material on any single computer for your non-commercial use only. The use of any materials, information, data or images on any other website or networked computer environment is prohibited. Modification or use of the materials, information, data or images obtained through the use of this Website for any other purpose is a violation of ShoeMetro’s copyright, trademarks and contractual rights.
User Content. By using this Website or sending us an email, you are communicating with us electronically and consent to receive communications from us electronically or by other means, including promotional, transactional or service-related communications. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are permitted to transmit to us, or post to this Website, any material, information, suggestions, ideas, product reviews, comments, testimonials, questions or other information (“User Content”); provided that the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. ShoeMetro has the right, but not the obligation, to monitor and edit or remove any User Content, and takes no responsibility and assumes no liability for any content posted by you or any third party. User Content is and will be considered non-confidential and non-proprietary. We will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.
ShoeMetro sells goods and services to adults who can purchase goods or services with a credit card or by other similar means. If you are under eighteen (18) years of age, you may use this Website only with involvement and consent of a parent or guardian.
Accuracy of Information. ShoeMetro and its affiliates attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Website. In addition, we may make changes in information about price and availability without notice. Further, pricing information on other Websites that claim to represent correct pricing on our Website may not be correct or current. If a product offered by ShoeMetro itself is not as described, your sole remedy is to return it and its packaging in unused condition. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a good or service. We reserve the right, without prior notice, to limit the order quantity on any good or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Safe Shopping Guarantee. When you use this Website to purchase goods, we guarantee that your credit card information is safe and secure and that you will not be responsible for unauthorized charges to your credit card made in connection to this Website (the “Safe Shopping Guarantee”). To use the Safe Shopping Guarantee, immediately notify your credit card of any unauthorized charges made to your credit card in connection with this Website. Forward a confirmation from your credit card company detailing the unauthorized charges made to your account to email@example.com. Upon receipt of this confirmation, we will reimburse you up to fifty dollars ($50), which is the maximum liability your credit card company can charge you for unauthorized credit card activity pursuant to the Fair Credit Act.
Risk of Loss and Requirement to Pay. All goods purchased from or through this Website are made pursuant to a shipment contract. This means that the risk of loss and title for such goods pass to you upon our delivery to the carrier. To the extent you receive goods or services from this Website, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, ShoeMetro, in its sole discretion, reserves the right to charge you (i) interest in the amount of one and a half percent (1.5%) compounding monthly; or (ii) interest in the maximum amount allowable under law, until such time that all principal amounts and interest have been paid in full. Irrespective of any affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from ShoeMetro, of whatever kind or nature.
Disclaimers. USE THIS WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SHOEMETRO, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE AND NEITHER SHOEMETRO, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW IN NEW JERSEY BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH LIMITATION OR PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE AUTHENTIC, ARE SOLD IN ACCORDANCE WITH APPLICABLE FEDERAL AND STATE LAW, AND ARE SOLD “AS IS” AND “WHERE IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES OR MISAPPROPRIATION, ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. BY PURCHASING A PRODUCT FROM THIS WEBSITE YOU ARE ACCEPTING THE PRODUCT IN ITS CURRENT CONDITION AND ACKNOWLEDGE NO WARRANTIES APPLY TO THE PRODUCT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH LIMITATION OR PROHIBITIONS.
Limitations of Liability. ShoeMetro does not assume any responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment or other property caused by or arising from your access to, use of or browsing this Website or your downloading of any information or materials from this Website. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER SHOE METRO, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE (EXCEPT IN NEW JERSEY WITH RESPECT TO THE AVAILABILITY OF TREBLE DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT), INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU ACKNOWLEDGE THAT SHOE METRO HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH PRODUCTS OR SERVICES, AND YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES FROM SHOE METRO IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICIES POSTED ON THIS WEBSITE.