The terms and conditions described herein (the "Terms of Service") constitute a legal agreement between you and SRI Shoe Warehouse, Inc.("SRI"). The Terms of Service govern access to and use of the domain http://www.srishoes.com as well as any other of SRI’s websites, products, services, and content thereon (collectively, the "SRI Site"). IF THE TERMS OF SERVICE ARE NOT ACCEPTED BY YOU IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE ALL ACCESS AND USE OF THE SRI SITE.
These Terms of Service are effective as of June 1, 2011.
a. "Content" – Any and all text, images, photos, audio, video, and all other forms of data or communication contained on the SRI Site.
b. "Feedback" – Any and all ideas, suggestions, documents, or proposals submitted to S.R.I. for purposes of improving the SRI Site.
c. "Third-Party Content" – Content made available on the SRI Site by parties other than SRI or its Users, including but not limited to data submitted by advertisers.
d. "User" – Anyone who accesses, browses, or in anyway uses the SRI Site. As used in the Terms of Service, the terms "you" and "your" refer to you as a User of the SRI Site.
e. "SRI" – As used in the Terms of Service, SRI shall refer to SRI Shoe Warehouse, Inc., a corporation organized under the laws of North Carolina, as well as to it’s current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each.
f. "SRI Content" – Content created and made available on the S.R.I. Site by SRI or its representatives.
a. By accessing and using the SRI Site, you acknowledge that you have read and understand the Terms of Service and you accept and agree to be bound by the terms and conditions of the Terms of Service.
b. The Terms of Service may be updated by SRIfrom time to time without notice. You can review the most current version of the Terms of Service at any time HERE. You should revisit the Terms of Service on a regular basis as revised versions are binding on you. SRImay provide you with notices, including those regarding changes to the Terms of Service by email, regular mail, or postings on the SRI Site.
c. You understand and agree that your continued access to or use of the Shoeflake Site after any modification to the Terms of Service indicates your acceptance of the modification.
d. Subject to the terms and conditions of these Terms of Service, SRIhereby grants to you a limited, revocable, non-transferable and non-exclusive license to access and use the SRI Site by displaying it on your internet browser only for the purposes of shopping for personal items sold on the SRI Site and providing feedback for such items. The license granted in this paragraph does not extent to any commercial use or use on behalf of any Third-Party, except as explicitly permitted by SRI in advance. Any breach of these Terms of Service shall result in SRI’s immediate revocation of the license granted in this paragraph without specific notice to you.
a. You represent, warrant, and covenant that you (a) are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract; (b) have full and complete authority to enter into and consummate the Terms of Service and access and use the SRI Site without breaching any agreement made with any other person or entity, violating any rights of any other person or entity, or violating any laws of the United States or other applicable jurisdiction; (c) will only use the SRI Site in a lawful manner; (d) have not been suspended by SRI or removed from the SRI Site; (e) are not a direct competitor of SRI.
4. SRI Site Material.
a. The SRI Site may contain Content that you find offensive, indecent, inaccurate, or otherwise objectionable. SRI does not endorse such Content and cannot vouch for the accuracy of Content on the SRI Site. Consequently, you access and use the SRI Site at your own risk.
5. Restrictions on Use. You represent and warrant that you will not engage in the following behavior or assist others in doing so:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. use the SRI Site to promote bigotry or discrimination against protected classes;
c. use the SRI Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the Shoeflake Site;
d. use the SRI Site to solicit personal information from minors or to harm or threaten to cause harm to minors in any way;
e. impersonate any person or entity, including, but not limited to, a SRI employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f. collect or store personal data about other Users;
g. forge headers or otherwise manipulate identifiers in order to disguise the origin of User Content;
h. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, contests, surveys, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of mass messaging solicitation;
i. use the SRI Site for promotional or commercial purposes, except as expressly allowed in writing by SRI;
j. upload, post, email, transmit, or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any party;
k. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
l. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m. use the SRI Site in violation of the Terms of Service or any applicable law;
n. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit theSRI Site or its Content (other than your User Content), except as expressly authorized by SRI;
o. reverse engineer any portion of the SRI Site;
p. remove or modify any patent, trademark, copyright, or other proprietary rights notice on the SRI Site or on any materials printed or reproduced from the SRI Site; or
q. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index theSRI Site or its Content, except as expressly authorized by SRI.
6. SRI Content.
a. All SRI Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and aggregate user review ratings, is the sole property of SRI
b. SRI also owns or has rights to use the patent, trademark, trade secret, copyright, and other intellectual property or proprietary rights throughout the world associated with the SRI Content and the SRI Site. These rights are protected by applicable intellectual and proprietary laws. Consequently, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the SRI Content except as expressly authorized by SRI.
c. Except as expressly and unambiguously provided herein, SRI does not grant you any express or implied rights, and all rights in and to the Shoeflake Site and the Shoflake Content are retained by SRI.
d. SRI is a proprietary service mark of SRI.
7. Third-Party Content.
a. The SRI Site may include links to other websites. SRI does not control or endorse any such websites and is not responsible for the availability of or content on such websites.
9. SRI Site Availability.
a. SRI reserves the right to modify, update, or discontinue the SRI Site at its sole discretion, at any time, for any or no reason, and without notice or liability.
10. Unauthorized Access.
a. SRI reserves the right to exercise whatever lawful means SRI deems necessary to prevent unauthorized access to or use of the SRI Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider regarding such unauthorized use.
a. If you would like to send Feedback to SRI you may do so HERE. By sending Feedback to SRI you (1) submit and warrant that your Feedback does not contain information that is subject to a confidentiality agreement or the property of a third party and (2) grant to SRI a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit the Feedback. SRI is under no obligation of confidentiality, express or implied, with respect to the Feedback.
12. Warranties, Disclaimers, Limitations of Liability and Indemnification.
a. Your use of the SRI Site and its Content is at your own discretion and risk, including downloading, viewing, or otherwise obtaining any Content. You will be solely responsible for any loss or damage resulting from your access or use of the SRI Site and/or its Content, including but not limited to any damage to your computer or device, loss of data, from viruses, or other harm. The SRI Site, including all Content, is made available to you on an "as is" and "as available" basis. You acknowledge and agree that SRI is not responsible for any third party action or inaction that affects your use of the SRI Site.
b. SRI makes no warranties, representations, or conditions of any kind, including as to (1) the functionality of the SRI Site or its Content, including whether the SRI Site or its Content will be uninterrupted, timely, secure, or error-free, or whether any errors will be corrected, (2) whether the SRI Site or its Content will meet your requirements or expectations, (3) the accuracy, reliability, integrity, quality, legality, usefulness, or safety of the SRI Site, its Content, or results from use of the SRI Site or its Content, or (4) the products and services associated with the SRI Site or its Content, including but not limited to the products and services sold by business listed on the SRI Site
c. SRI specifically disclaims to the extent allowed under applicable law any and all warranties, whether express, statutory, implied, or other, including, but not limited to, any warranties of fitness for a particular purpose, merchantability, merchantable quality, durability, accuracy or quality of informational content, quiet enjoyment, title, noninfringement, validity, exclusivity, condition, quality, durability, sustainability, arising from a course of dealing, a course of performance, or usage of trade, or under any enactment of the Uniform Computer Information Transactions Act, and oral or written representations, proposals or statements made on or prior to the effective date of these Terms of Service. To the extent any such warranty may not be disclaimed, any such warranty is hereby limited to the minimum duration and extent allowed under applicable law.
d. Information or advice obtained from the SRI Site shall not create any warranty, representation, condition, or obligation not expressly stated in the Terms of Service.
e. SRI disclaims all liability, and you expressly understand and agree that SRI is not liable, for (1) direct, indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of profits, (3) business interruption, (4) loss of or damage to reputation or goodwill, (5) loss of information or data, or (6) other loss or damage arising out of your use of the Shoeflake Site or its Content, even if SRI has been advised of the possibility of such liability or damages. You will be solely responsible for any loss or damage resulting from your use of the SRI Site and/or its Content, including but not limited to any loss of data or damage to your computer or other device from viruses that may be downloaded to such devices in the course of using the SRI Site.
f. SRI disclaims all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, or other users on the SRI Site.
g. Your sole and exclusive right and remedy in case of dissatisfaction with the SRI Site or any other complaint or grievance shall be your termination and discontinuation of use of the SRI Site. Regardless of cause or theory of recovery, whether in contract, tort or otherwise, in no event shall SRI’s liability under the Terms of Service exceed the amount of paid by you to SRI in connection with your access and use of the SRI Site in the twelve (12) months prior to the action giving rise to the claim of liability. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access or use of the SRI Site or its Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.
h. You will, at your cost and sole expense, defend, indemnify, and hold free and harmless SRI, its officers, directors, shareholders, employees, agents, affiliate corporations, successors, and assigns from all liability, losses, costs, expenses, judgments, and damages (including all reasonable attorneys’ fees, costs, and expenses) incurred by any of them in connection with, as a result of, or from any third party claim, action, or suit arising from (a) your failure to comply with applicable laws and regulations, including violation of any intellectual property or other rights of any third party by you or anyone using your User Account, (b) your violation of the Terms of Service, (c) bodily injury (including death) or damage to property arising from the negligent, fraudulent, or intentional acts or omissions of you, or (d) your access or use of the SRI Site or its Content. You may not settle any claims giving rise to an indemnification obligation hereunder where such settlement imposes a monetary obligation that is not covered by the indemnification, imposes any material, non-monetary obligation, or that admits any liability on the part of SRI and which does not include an unconditional release of SRI without the prior written consent of SRI. SRI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SRI and you agree to cooperate with SRI’s defense of these claims.
a. Nothing in the Terms of Service will create or imply an employment or agency relationship between you and SRI, nor will the Terms of Service be deemed to constitute a joint venture or partnership between you and SRI. You do not have any authority of any kind to bind SRI in any respect whatsoever. These Terms of Service are solely between you and SRI and shall not inure to the benefit of third parties.
b. You may not assign or transfer the Terms of Service or duties or obligations hereunder, in whole or in part, without the prior written consent of SRI. SRI may freely assign or transfer the Terms of Service or its duties and rights hereunder, and all terms and conditions of these Terms of Service will inure to the benefit of and be enforceable by such successors, assigns, subsidiaries, purchasers, or transferees.
c. These Terms of Service will be solely governed by and construed in accordance with the laws of the State of North Carolina and the United States. Any disputes are exclusively subject to jurisdiction and resolution in the state or federal courts located in Wake County, North Carolina, without regard to conflict of laws under any jurisdiction, and you and SRI agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts in Wake County, North Carolina in event of any such dispute. You agree that your access and use of the SRI Site and its Content occurs solely within Wake County, North Carolina, USA, regardless of where your computer, browser, or device is physically located, and that the SRI Site and its Content are located in, served from, and performed wholly within Wake County, North Carolina, USA.
d. If any legal proceeding is necessary to enforce the terms or conditions of the Terms of Service, the prevailing party will be entitled to reasonable attorneys’ fees and costs.
e. If any provision, or portion thereof, of the Terms of Service is unenforceable, prohibited, or invalid under, or contrary to, any applicable statute or rule of law, it will be modified to the least extent necessary to make it enforceable, such unenforceability shall not affect any other provision of the Terms of Service, and the remaining Terms of Service will remain in full force and effect. Further, such invalidity, prohibition, or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
f. Waiver of any breach will not be construed to be a waiver of any other breach. All waivers must be in writing, and signed by the party waiving its rights.
g. The headings for the sections herein are inserted for convenience of reference and are not intended to be a part of or to affect the meaning or interpretation of the Terms of Service.
h. The Terms of Service including the documents incorporated herein by reference constitutes the entire agreement between you and srishoes.com with respect to its subject matter, governs your access and use of the srishoes.com Site and its Content, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. You acknowledge that you have not been induced to enter into these Terms of Service by any representations or promises not specifically stated herein. Neither you nor srishoes.com shall be considered the drafter of these Terms of Service, or any provisions of these Terms of Service, for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter. You also may be subject to additional terms and conditions that may apply when you access, use, or purchase certain other products or services. You agree that the Terms of Service constitutes a set form in writing, whether or not you choose to print the Terms of Service, including the terms and conditions as described herein.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department through the contacts page.