Terms and Conditions
This is the official Terms & Conditions (“Agreement”) for familyfootwearcenter.com (“Family Footwear Center Website", “Site”, “Website”, “we”). This Website is hosted by Family Footwear Center, Inc. Please read this Agreement carefully because it explains your rights and responsibilities.
Your Agreement and Acceptance
- B. This Website is not intended for children under the age of 13. By using this Website, you represent and affirm that you are at least 13 years old. If you are under 13 years of age, please discontinue use of the website immediately.
- C. We reserve the right, in our sole discretion, to revise the terms of this Agreement at any time. Once posted on the Website, these changes become effective immediately, and your use of this Website following such changes constitutes your agreement to be bound by the revisions. Although we may attempt to notify you when we make major changes are made to this Agreement, you should periodically review the most up-to-date version at www.familyfootwearcenter.com/Terms-and-Conditions-c78.html to make sure you are aware of the most current terms and conditions.
- D. This Agreement shall apply to all Website users and customers.
Family Footwear Center Accounts
- A. We may require you to create an account in order to access some features of the Website. When creating your account, you must provide complete and accurate information as prompted.
- B. You are solely responsible for protecting the security and confidentiality of your account password and identification, and you will be responsible for any activity that occurs on your account.
- C. You must notify Family Footwear Center immediately of any breach of security or unauthorized use of your account.
- D. Family Footwear Center will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by Family Footwear Center or others due to such unauthorized use.
Use of the Website
Family Footwear Center hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:
- A. You agree to comply with all applicable local, state, national and international laws and regulations.
- B. You agree to use the Website communication services only to post, send and receive messages and materials that are proper and legal.
- C. You agree that you will not use this Website for any purpose that is unlawful or that is prohibited by this Agreement.
- D. You agree not to violate or attempt to violate the security of the Website, and you agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other person’s use and enjoyment of the Website.
- E. You agree not to use the Website for any commercial use.
- F. You agree not to use the communication systems provided by the Website for any commercial solicitation purposes (for example, you agree not to solicit for commercial purposes any users of the Website regarding their User Submissions).
- G.You agree not to engage in any conversation which is harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or that encourages inappropriate or unlawful conduct. We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with this Agreement.
- H. Family Footwear Center reserves the right to discontinue any aspect of the Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Family Footwear Center Website and Social Media websites.
- A. The Content on the Website and all Family Footwear Center operated social media websites, including without limitation, the text, button icons, images, photos, graphics, sounds, music, videos, interactive features, software and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Family Footwear Center, subject to copyright and other intellectual property rights under the law. Family Footwear Center is not responsible for licensed content of a 3rd party that violates any copyright or other intelelctual propery rights under the law. Content on the Website is provided to you “as is” and is intended solely for your personal, noncommercial use. Accordingly, you agree not to download, copy, reproduce, republish, upload, post, transmit, broadcast, display, sell, license, or otherwise distribute for any commercial purpose whatsoever any Content from this Website without the prior written consent of the respective owners. Family Footwear Center reserves all rights not expressly granted in and to the Website and the Content.
Termination of Access or Account
- A. Family Footwear Center reserves the right to refuse service, terminate accounts, or restrict or terminate your access to the Website at any time and for any reason, with or without cause, without prior notice, and without any liability or further obligation of any kind whatsoever to you or any third party.
Links to Third Party Sites
- A. The Website may contain links to third party websites that are not owned or controlled by Family Footwear Center. Family Footwear Center has no control over, and is not responsible for the content or practices of such websites. By using the Website, you expressly relieve Family Footwear Center from any and all liability arising from your use of any third-party website.
- B. We encourage you to be aware of when you leave the Family Footwear Center Website and to review the policies of every website that you visit.
Limitations of Liability
IN NO EVENT SHALL FAMILY FOOTWEAR CENTER, ITS PARENT COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, ROGUE PROGRAMS, HARMFUL PROPERTIES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FAMILY FOOTWEAR CENTER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT FAMILY FOOTWEAR CENTER SHALL NOT BE LIABLE FOR ANY USER SUBMISSION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THESE EVENTS RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless the Website, Family Footwear Center, Inc. and its divisions, its parent corporation, and any of their respective officers, directors, employees and agents, from and against any and all allegations, claims, demands, actions, causes of actions, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees and other legal expenses) arising from: (i) your use of and access to the Family Footwear Center Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Family Footwear Center Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms set forth in this Agreement.
- A. You agree that this Agreement and all actions contemplated by this Agreement shall be governed by the laws of the State of Vermont, without respect to its conflict of laws principles. Any claim or dispute between you and Family Footwear Center that arises in whole or in part from your use of the Family Footwear Center Website shall be filed and decided exclusively in the state courts in Bennington County, VT, Vermont, or the U.S. District Court.
- C. Family Footwear Center reserves the right at all times to disclose any information as Family Footwear Center deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Family Footwear Center's sole discretion.
- D. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Family Footwear Center's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.