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| Welcome to EastlandShoe.com, the website ("Site") of Eastland
Shoe Corp. ("Eastland"). Your use of the Site is subject to these Terms of
Use, which incorporate by reference Eastland's Privacy Policy found at: ("Privacy
Policy"), Return Policy found at: ("Return
Policy") and, if you have entered Eastland's weekly shoe giveaway, Giveaway
Rules found at: ("Giveaway
Rules"). These Terms of Use and Eastland's Privacy Policy, Return Policy
and Giveaway Rules are collectively referred to as the "Agreement". |
| Your Acceptance of this Agreement |
| Please read this Agreement carefully. Your
access to and use of the Site constitutes your acceptance of this Agreement.
Eastland may change or supplement this Agreement at any time as it deems
appropriate, and your continued or subsequent access to and use of the Site
constitutes your acceptance of such modified or supplemented Agreement. |
| As used in this Agreement, the term "Site" includes all content
and aspects of the Site collectively and individually (including, without
limitation, all Eastland trademarks, any text, graphics, images, buttons,
design lay-out and arrangement, and all software comprising the Site). The
Site along with all intellectual property and other rights therein is the
sole and exclusive property of Eastland or its licensors. Your only rights
in and to the Site are the limited license rights provided pursuant to this
Agreement. All other rights are expressly reserved. |
Subject at all times to this Agreement, Eastland hereby grants
you a limited, revocable, non-transferable and non-exclusive right and license
to access and use the Site by displaying it on your Internet browser only
for the purpose of reviewing information about Eastland and its products
and for purchasing personal items sold on the Site. Your license rights are
personal to you and you may not make any commercial use of the Site or use
the Site on behalf of any third party unless Eastland expressly agrees to
such use in advance and in writing. Eastland may terminate this license at
anytime and for any reason with or without notice to you. Any use of the
Site not expressly granted in this Agreement is a breach of this Agreement
and may violate intellectual property and other laws. Without limiting the
generality of the foregoing, you agree that:
- Your use of the Site will be for lawful purposes only in full compliance
with all applicable local, national, and international laws, rules and/or
regulations.
- You will not reproduce, distribute, display, sell, lease, transmit,
create derivative works from, translate, modify, reverse-engineer, disassemble,
decompile or otherwise exploit this Site.
- You will not upload or post as part of any Submission (defined below)
or otherwise any information or materials that (1) constitute or contain
any message of a commercial nature (including, without limitation, any
solicitation, advertisement, marketing materials, etc.); (2) violate, infringe
or misappropriate any third party intellectual property or other rights;
or (3) are false, misleading, unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, or which encourages conduct that would constitute a criminal
offense or give rise to civil or criminal liability.
- You will not use with or launch or upload to the Site any automated
program, system or routine that may in any way be harmful to the Site or
in any way interrupt, destroy, limit or otherwise affect the functionality
or security of the Site or any computers, networks and other hardware and
software connected thereto or used therewith, including, without limitation,
any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.
- You will not collect or harvest any personally identifiable information,
including account names, from the Site.
- You will not submit any misleading information about yourself (such
as a false email address) or otherwise impersonate any other person while
using the Site.
The list above is not exhaustive. Eastland reserves the right to
monitor your use of the Site and any Submissions that you post to the Site.
Eastland may edit or remove any Submissions and may terminate your rights
under this Agreement at any time, for any reason. Upon any termination of
this Agreement, you shall immediately cease all access to and use of the
Site and Eastland shall, in addition to any other legal or equitable remedies,
immediately revoke all password(s) and account identification issued to you
and deny your access to and use of this Site in whole or in part. |
| Certain portions of the Site invite you to provide and post
product reviews, suggestions and feedback, product ideas and designs, know-how,
techniques, and other information, text, images and similar content. Any
such information, materials or content (including, without limitation, any
product reviews and feedback, product ideas and designs, and other information,
text, images and similar content) are collectively and individually referred
to in this Agreement as "Submissions". All Submissions will be treated as
non-confidential and non-proprietary. Upon posting any Submission you are
irrevocably assigning to Eastland any and all rights in and to such Submission,
including, without limitation, any intellectual property rights therein.
In the event that any such assignment is deemed invalid, Eastland shall automatically
have a royalty-free, worldwide, perpetual, irrevocable and transferable right
to use, copy, distribute, display, publish, perform, sell, lease, transmit,
adapt, create derivative works from such Submissions by any means and in
any form. Eastland may thereafter disclose, post, edit and otherwise use
any Submission in any manner that Eastland deems appropriate all without
any compensation or credit to you. Submissions are subject to the terms of
this Agreement at all times. |
| Eastland may assign you a password and account identification
to enable you to access and use certain portions of this Site. Each time
you use a password or identification, you will be deemed to have accepted
the terms and conditions of this Agreement. Eastland has no obligation to
investigate the authorization or source of any such access or use of the
Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF
THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED
TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED
BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS
AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS)
INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible
for protecting the security and confidentiality of the password and identification
assigned to you. You shall immediately notify Eastland of any unauthorized
use of your password or identification or any other breach or threatened
breach of the Site's security. |
| Risk of Loss, Return Policy & Product Availability |
| The risk of loss and title for items purchased by you pass
to you upon Eastland's delivery of the items to the applicable carrier. All
product returns must be in compliance with Eastland's Return Policy. Eastland
shall have the right to refuse or cancel any orders. If your credit card
has already been charged for the purchase and your order is canceled, Eastland
shall immediately issue a credit to your credit card account in the amount
of the charge. Eastland cannot and does not guarantee that all products will
be available at all times and/or that all products may be sold outside of
the United States. |
| Disclaimer of Warranties and Limitation of Liability |
THE SITE, ANY PRODUCTS OFFERED FOR SALE ON THE SITE AND ANY
TRANSACTIONS CONDUCTED VIA THE SITE ARE PROVIDED BY EASTLAND ON AN "AS IS" BASIS.
EASTLAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, EASTLAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT AND TITLE. THIS SITE MAY INCLUDE INACCURACIES,
MISTAKES OR TYPOGRAPHICAL ERRORS. EASTLAND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR
INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF EASTLAND'S 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 THE SITE, (V) ANY BUGS, SPIDERS,
ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY
ERRORS OR OMISSIONS IN ANY SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY SITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. EASTLAND DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED,
ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR VIA ANY SITE
HYPERLINKED FROM THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND EASTLAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EASTLAND DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR
BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EASTLAND WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EASTLAND'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION
FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID
BY YOU TO EASTLAND DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY
GIVING RISE TO EASTLAND'S LIABILITY.
The above may not apply in jurisdictions that do not allow the exclusion
of certain warranties or limitations on liability. Any claims arising in
connection with your use of the Site must be brought within one (1) year
of the date of the event giving rise to such action. Your remedies under
this Agreement are exclusive and are limited to those expressly provided
for herein. |
| You agree to defend, indemnify and hold harmless Eastland
and its affiliates and their respective directors, officers, employees and
agents from and against any and all claims, actions, obligations, demands,
damages, costs, liabilities, losses and expenses (including reasonable attorneys'
fees) arising out of: (i) your use of the Site and/or any information, services
and/or goods provided via the Site; (ii) your violation 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 your Submissions
caused damage to a third party. The obligations under this subsection will
survive this Agreement and your use of the Site. |
| The Site may contain links to other sites on the Internet
that are owned and operated by third parties. You acknowledge that Eastland
is not responsible for the operation of or content located on or through
any such site. |
| Digital Millennium Copyright Act |
It is Eastland's policy to respect the intellectual property
rights of others. If you are a copyright owner or an agent thereof and believe
that any Submission or other aspect of the Site infringes upon your copyrights,
you may submit a notification pursuant to the Digital Millennium Copyright
Act ("DMCA") by providing Eastland's Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access
to which is to be disabled and information reasonably sufficient to permit
Eastland to locate the material;
- Information reasonably sufficient to permit Eastland to contact you,
such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
- A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Eastland's designated Copyright Agent to receive notifications of
claimed infringement is: Attn: David Merrill
DMCA Compliance Officer
Eastland Shoe Corp.
4 Meetinghouse Road
Freeport, Maine 04032
Tel. (207) 865-6314
Fax (207) 865-9261
Email: info@eastlandshoe.com
Only DMCA notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed
to Eastland customer service. You acknowledge that if you fail to comply
with all of the requirements of this Section 5(D), your DMCA notice may not
be valid.
If you are the owner or an agent thereof, of material that was removed
from the Site or disabled after Eastland received a copyright infringement
notice, and you have a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material, you
may ask that the material be restored by sending Eastland a counter-notification.
Section 512(g) of the Copyright Act requires that your counter-notification
include all of the following:
- Your physical or electronic signature;
- Identification of the Site that has been removed or to which access
has been disabled and the location at which the Site appeared before it
was removed or disabled;
- A statement that you have a good faith belief that the Site was removed
or disabled as a result of mistake or a misidentification of the Site;
and
- Your name, address, telephone number, and email address, a statement
that you consent to the jurisdiction of the federal court in Portland,
Maine, and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If a counter-notification is received by the Copyright Agent, Eastland
may send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed content or cease disabling it
in ten (10) business days. Unless the copyright owner files an action seeking
a court order against Eastland and provides Eastland with notice of same,
the removed content may be replaced, or access to it restored, in ten (10)
to fourteen (14) business days or more after receipt of the counter-notification,
at Eastland's sole discretion.
Please send all other questions or comments regarding this Site or
Eastland's products to: Attn: Customer Service
Eastland Shoe Corp.
4 Meetinghouse Road
Freeport, Maine 04032
Email: info@eastlandshoe.com |
| You expressly agree that any claim or controversy arising
out of or related to this Agreement, the Site, or the services or products
provided on or through the Site shall be settled by binding arbitration to
be held in Portland, Maine in accordance with the rules of the American Arbitration
Association. Any such claim or controversy shall be arbitrated on an individual
basis and shall not be consolidated with a claim of any other party. The
foregoing shall not preclude Eastland from seeking any injunctive relief
in any court of competent jurisdiction for protection of Eastland's intellectual
property rights. You further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of Maine for the enforcement
of this arbitration agreement and of any arbitration award in connection
with any such dispute including any claim involving Eastland or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers and Site providers. This Agreement is governed by the internal
substantive laws of the State of Maine, without respect to conflict of laws
principles. If any provision of this Agreement is found to be invalid by
any court having 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 right or remedy of Eastland
shall be exclusive of any other, whether at law or in equity, including without
limitation damages, injunctive relief or attorneys' fees and expenses. No
instance of waiver by Eastland of its rights or remedies under these terms
and conditions shall imply any obligation to grant any similar, future or
other waiver. |
| This Agreement, and the policies incorporated by reference,
sets forth the entire understanding and agreement of the parties relating
to the subject matter hereof, and it supersedes any prior or contemporaneous
understandings of any kind or nature. By agreeing to these terms, you represent
that you are not relying on any agreement, representation or warranty pertaining
to the subject matter hereof that is not expressly set forth herein. |
| The provisions of this Agreement are severable, and in the
event any provision hereof is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect the validity
or enforceability of the remaining provisions hereof. |
| Intellectual Property Notice |
| The Site contains registered and/or unregistered copyrights
of Eastland Shoe Corp. The terms "Eastland", "Underfoot",
"For Feet with a Life", "ShoeBox", "You'll Love What You Find Inside",
"Eastland Knot", "Camden Rock", "Southwest Moccasin" the Eastland logo, the
Underfoot logo, the compass rose design and the Southwest Moccasin logo are
all registered or unregistered trademarks of Eastland Shoe Corp. All rights
reserved. |
| You affirm that you are either more than 18 years of age,
or an emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into this Agreement, and to abide by
and comply with this Agreement. |
| No agency, partnership, joint venture, employee-employer,
or franchisor-franchisee relationship is intended or created between you
and Eastland by your use of the Site. The following provisions survive the
expiration or termination of this Agreement for any reason whatsoever: Ownership
of the Site; Submissions; User IDs & Passwords; Disclaimer of Warranties
and Limitation of Liability; Indemnification; Disputes; Entire Agreement;
Severability; Intellectual Property Notice; General. This Agreement, and
any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by Eastland without restriction. The section
headings used herein are for convenience only and shall not be given any
legal import. This Agreement is for the benefit of Eastland, its subsidiaries,
affiliates and its third party web site providers and licensors and each
shall have the right to assert and enforce these Terms of Use directly or
on its own behalf. |
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