Footaction - Terms and Usage

Terms and Usage

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following the posting of changes to these terms subject to our procedures for material changes to our policy will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by Footaction, Inc., its subsidiaries, or its affiliates (referred to as "Footaction," "we," "us," or "our" herein). No material from this website or any Website owned, operated, licensed or controlled by Footaction may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Footaction, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this website is permitted without the prior written consent of Footaction. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

USE OF WEBSITE
Impersonation of others, including a Footaction employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, an invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Footaction, use any computer code, data mining software, 'robot', 'bot', 'spider', 'scraper' or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this website or accessed through this website. You may not engage in the mass downloading of files from this website; use the computer processing power of this website for purposes other than those permitted above; or flood this website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this website without the prior written consent of Footaction.

INTELLECTUAL PROPERTY
All content included on this website, such as text, graphics, code, logos, button icons, images, audio clips and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Footaction or its suppliers and is protected by US and other copyright laws and international treaties. The content and software on this website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.

Footaction and footaction.com are registered trademarks of Footaction. All other product names contained in this website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Footaction enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Footaction, Inc., Legal Department at 112 W. 34th St., New York, NY 10120.

SUBMISSIONS TO FOOTACTION
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Footaction through this website becomes the exclusive property of Footaction, and Footaction is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to Footction and accepts responsibility for its accuracy, appropriateness and legality.

WARRANTY DISCLAIMER
This website and the materials and products on this website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Footaction disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Footaction does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Footaction does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability or otherwise. You (and not Footaction) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Footaction be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this website or the performance of the products, even if Footaction or authorized representatives of Footaction have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Footaction's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.

INDEMNIFICATION
As a condition of use of this website, you agree to indemnify, defend, and hold harmless Footaction, its officers, directors, employees, agents, licensors and suppliers (collectively 'Service Providers') from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.

TYPOGRAPHICAL ERRORS
In the event that a product sold is mistakenly listed at an incorrect price, Footaction reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Footaction shall issue a credit to your credit card account.

OTHER
These terms shall be governed by and construed in accordance with the laws of the state of New York, USA, without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Footaction's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.