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Terms of Use

Terms of Use

INTRODUCTION

Welcome to springstepshoes.com, the retail website of Spring Footwear Corp. The content on this website and the services available to you on this website are provided subject to the terms and conditions included in this Terms of Use and the springstepshoes.com Privacy Policy. Please read these Terms of Use carefully. By visiting or using the springstepshoes.com website, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use this website.

PRIVACY

Please review the springstepshoes.com Privacy Policy, which also applies to your visit to, and use of, the springstepshoes.com website and describes our practices and policies related to the collection, use and storage of information about users of the springstepshoes.com website.

OWNERSHIP AND COPYRIGHT

The springstepshoes.com website is owned by Spring Footwear Corp. and operated by Shoebuy.com, Inc. ("Shoebuy"). All content and functionality on the springstepshoes.com website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the property of Spring Footwear Corp., its licensors or Shoebuy and is protected by United States and international copyright laws.

TRADEMARKS

The trademarks, service marks, trade dress, designs and logos (collectively. "Trademarks") on the springstepshoes.com website are the registered or unregistered Trademarks of Spring Footwear Corp., its licensors or Shoebuy. Such Trademarks may not be used in connection with any product or service of anyone other than the owner of the applicable Trademark, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits the Spring Step brand, Spring Footwear Corp. or Shoebuy. Nothing on the springstepshoes.com website or in these Terms of Use should be construed as any license or right to use any Trademarks displayed on this website without the express written permission of the owner of such Trademark. The names "springstepshoes.com" and "Spring Step" and Spring Step logos may not be used for any purpose without the prior written consent of Spring Footwear Corp.

Spring Footwear Corp. and Shoebuy have a no-tolerance policy regarding the use of their respective Trademarks or names in metatags and/or hidden text. The use of Spring Footwear Corp.'s or Shoebuy's Trademarks or name in metatag keywords is trademark infringement and the use of Spring Footwear Corp.'s or Shoebuy's Trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page of the springstepshoes.com website is prohibited without our express prior written permission. Framing, inline linking or other association of the springstepshoes.com website or the contents of the website with links, advertisements and/or other information not originating from the springstepshoes.com website is expressly prohibited.

USE OF CONTENT

The springstepshoes.com website and content are intended solely for personal and non-commercial use by visitors and on-line shoppers. Any use of the springstepshoes.com website or its content other than for personal and non-commercial purposes is prohibited. We hereby grants you a non-exclusive, non-transferable and revocable license to download, electronically copy and print any of the content and functionality displayed on the springstepshoes.com website for your personal, non-commercial use only. Such license is not a transfer of title and is subject to the restrictions that you shall not (i) reproduce, publish, transmit or distribute any of the content, (ii) modify or create derivative works from the content, (iii) use any of the content for any commercial purpose, or in any public display, performance, sale or rental, (iv) decompile, reverse engineer, or disassemble the content, or (v) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use the springstepshoes.com website in any manner that may be harmful to the operation of the website or its content.

NOTICE OF INFRINGEMENT

The posting of any content on the springstepshoes.com website that infringes or violates the copyright or other intellectual property right (including rights of privacy and publicity) of any person or entity is prohibited. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this website, please write to us at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the content on this website that you request be removed, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right you believe to be infringed and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner. Any content on this website that infringes the copyright or other intellectual property right of any person under U.S. law will be promptly removed following receipt of such a statement. Statements of infringement under this section should be submitted to the address below.

Spring Footwear Corp.
101 Arch Street, 16th Floor
Boston, MA 02110

YOUR ACCOUNT

If you access or use the springstepshoes.com website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. Spring Step does sell products for children, but only sells them to adults who can purchase with a credit card or other method of payment accepted on the springstepshoes.com website. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

COMMENTS AND SUGGESTIONS

We appreciate hearing from our customers and other users of the springstepshoes.com website and welcome your comments and suggestions regarding the website and the products offered for sale by Spring Step, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of 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 otherwise mislead us as to the origin of any comment or suggestion. If you submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our service but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to us will become our property and shall not be subject to any obligation of confidentiality on our part. We shall not be liable for any use or disclosure of any such feedback, comments or suggestions and shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

PRODUCT DESCRIPTIONS

We make all reasonable efforts to display the products listed for sale on the springstepshoes.com website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. We cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, we do not warrant that any product descriptions or other content are accurate, complete, reliable, current or error free. If a product offered on the springstepshoes.com website is not as described, your sole remedy is to return it in unused condition.

OTHER SITES

The springstepshoes.com website may contain links to websites that are not maintained by us. We try to include links to only those websites that are in good taste and safe for users of this website, but we are not responsible for the content or accuracy of any websites other than our own and cannot guarantee that any such third party's website will not change without our knowledge. The inclusion of a link to a third party's website in this website does not imply our endorsement of that third party's website. If you decide to use any link on the springstepshoes.com website to access a third party's website, you do so at your own risk and subject to the terms of use and privacy protections, if any, of that third party's website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL CONTENT AND FUCTIONALITY PROVIDED ON THE SPRINGSTEPSHOES.COM WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPRING FOOTWEAR CORP. AND SHOEBUY MAKE NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPRINGSTEPSHOES.COM WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPRING FOOTWEAR CORP. AND SHOEBUY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON ANY LINKED WEBSITE, CONTAINED IN ANY CONTENT PUBLISHED ON THE SPRINGSTEPSHOES.COM WEBSITE, OR PROVIDED BY THIRD PARTIES. SPRING FOOTWEAR CORP. AND SHOEBUY DO NOT WARRANT THAT THE SPRINGSTEPSHOES.COM WEBSITE, ITS SERVERS, OR EMAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPRING FOOTWEAR CORP., SHOEBUY AND THEIR RESPECTIVE LICENSORS AND THIRD-PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SPRINGSTEPSHOES.COM WEBSITE IS AT YOUR OWN RISK.

The disclaimers of liability above apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also acknowledge that Spring Footwear Corp. and Shoebuy are not liable for defamatory, offensive, infringing or illegal materials or conduct by you or any third party.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall the aggregate liability of Spring Footwear Corp. and Shoebuy to you for all claims, damages, losses, and causes of action exceed the amount paid to Spring Footwear Corp. by you for accessing the springstepshoes.com website.

The springstepshoes.com website is operated on behalf of Spring Footwear Corp. by Shoebuy. Spring Footwear Corp. and Shoebuy make no representations that the content of the springstepshoes.com website is appropriate or available for use in all locations. Visitors who choose to access the springstepshoes.com website from any location do so by their own initiative and are responsible for compliance with applicable local law.

INDEMNITY

You agree to defend, indemnify, and hold harmless Spring Footwear Corp. and Shoebuy and their respective officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the springstepshoes.com website or your breach of these Terms of Use.

APPLICABLE LAW

By visiting the springstepshoes.com website, you agree that the law of the State of Florida, without regard to its principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Spring Footwear Corp. and/or Shoebuy relating to the springstepshoes.com website or your use of the springstepshoes.com website. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the springstepshoes.com Privacy Policy, constitute the entire agreement between you and us relating to your access to and use of the springstepshoes.com website.

DISPUTE RESOLUTION

Any dispute arising with respect to your use of the springstepshoes.com website, the Privacy Policy or these Terms of Use shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in State of Florida.

MODIFICATIONS

We reserve the right, in our sole discretion, to at any time change, modify, add, or remove portions of these Terms of Use. Please check this page periodically for changes. You agree that each time you visit the springstepshoes.com website, your visit to and use of the website will be subject to and bound by the then current version of these Terms of Use.

These Terms of Use were last updated on January 5, 2009.

Once again, we thank you for your interest in Spring Step. We hope that your experience at springstepshoes.com is enjoyable.