TERMS OF SERVICE
Thank you for visiting www.totalshoeconcept.com, Total Shoe Concept (“The Website,” “we” or “us”). You arrived at this Terms & Conditions page from our website.
Accessing our site, in any manner, whether automated or otherwise, constitutes use of our website and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of our site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use our website after we post any such changes, you accept the Terms of Service, as modified.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. Our Site and all the materials available on our site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. Our site is provided solely for your personal noncommercial use. You may not use our site or the materials available on our site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from our website. You may, however, from time to time, download and/or print one copy of individual pages of our website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Limitations on Linking and Framing. You may establish a hypertext link to our site so long as the link does not state or imply any sponsorship of your site by us or by our website. However, you may not, without our prior written permission, frame or inline link any of the content of our site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout our website, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party site does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through our website. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through our site or on website linked to by us on our site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not The Website. Neither The Website nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the website neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of our site by anyone other than an authorized The Website representative while acting in his/her official capacity.
The information, products and services offered on or through our website and by The Website and any third-party site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of our site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless The Website its affiliates, their successors, transferees, assignees and licensees and their respective, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of our site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our website or on a site linked to by our website, the information obtained during your visit to that merchant’s online store or website, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through our site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through our site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Website shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through our website. You agree to use our site and to purchase services or products through our site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
To use certain features of our site, you will need a username and password, which you will receive through our website’ registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH OUR SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON OUR SITE, OR WITH ANY OF OUR SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE WEBSITE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PARTICIPANT acknowledges and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this PROGRAM.
We may cancel or terminate your right to use our site or any part of our site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of our site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from our site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.