Welcome to Mobile Soles Access to and use of this website (www.shopMobileSoles.com, the “Website”), and any other website(s) owned and/or operated by Mobile Soles Fashion Boutique and Melissa Fayson, Inc. (“Mobile Soles,” “we,” “us” or “our”) and any of their associated web pages, and the products and services available through the website(s) (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms”).
By accessing or using the Services, you agree to these Terms.
Please read them carefully.
You agree that these Terms are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
We may terminate, change, suspend or discontinue any aspect of the Services, including the availability of any features of the Website, at any time and without notice. We reserve the right to update, change, modify or otherwise alter these Terms at any time, without notice, and your continued access or use of the Services shall signify your agreement to be bound by these Terms. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. You agree that monetary damages may not provide a sufficient remedy to Mobile Soles for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
The Services and all of its materials, including, but not limited to, its software or HTML code, all websites, scripts, text, artwork, photographs, images, video and audio (collectively, “Materials”) may be protected by copyright, trademark and trade dress laws and other U.S. and international laws and treaties. The Materials are the property of Mobile Soles and/or a third party. No right, title or interest in the Materials is conveyed to you. Unless expressly authorized in writing by Mobile Soles, you may use the Materials and the Services solely for your personal and non-commercial use. You agree to only access or use the Materials or Services solely for legal purposes, as allowed by these Terms. (International users agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.)
This is a non-exclusive, limited and revocable license, not a transfer of title to the Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website, the Services or any of the Materials without our express prior written permission; and (b) you may not access or use the Website or the Services for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Mobile Soles may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Mobile Soles or its licensors, suppliers, publishers, rightsholders or other content providers.
To fully enjoy the Services, you may choose to register with us through the Website and create an account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You agree that all of the information that you provide to Mobile Soles is true, accurate and current in all respects, to the best of your knowledge. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
PROHIBITED USES OF WEBSITE AND SERVICES
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Mobile Soles, restricts, impairs, interferes or inhibits any other user from using or enjoying the website and/or our related services and products. You shall not circumvent, disable or otherwise interfere with security-related features of the Services, including, without limitation, any features that enforce limitations on the use of promo codes, the Services or the Materials. You shall not circumvent, disable or otherwise interfere with security-related features of the Services that prevent use, restrict use or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Services or impair, overburden or disable the same. We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Services for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms. You agree that Mobile Soles shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website or any of the Services.
You further agree not to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Materials provided through or obtained from the Services, including without limitation, engage in the practice of “screen scraping,” or any other similar activity; (b) hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services in any way; (c) damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Services; (d) violate any applicable laws, or regulations in your jurisdiction (including but not limited to trademark and copyright laws); (e) or access or attempt to access any password-protected, secure or non-public areas of the Services without the express, written permission of Mobile Soles.
You may not use any meta tags or any other “hidden text” utilizing Mobile Soles’s name or trademarks without the express written consent of Mobile Soles.
All content included in or made available through any of the Services, such as text, graphic, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Mobile Soles or our affiliates, suppliers, third party vendors or other related parties and is protected by United States and international copyright laws. Any rights not expressly granted herein are reserved by Mobile Soles.
Mobile Soles retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Mobile Soles and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms. Your misuse of the marks displayed on the Website or in the Services is strictly prohibited. You are also advised that Mobile Soles will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution. The Website and the Services may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Mobile Soles. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Mobile Soles.
When you use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website or generally through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you choose to join our e-mailing list, you consent to receiving optional surveys, contests or promotions. Each time you receive such an e-mail from us, you will be given the opportunity to “opt- out” or unsubscribe from the same or similar types of correspondence. You agree, though, that should you receive any such correspondence after you “opt out” or unsubscribe, the accidental, incidental or casual transmission by us of such correspondence is not a material breach of these Terms.
REVIEWS, COMMENTS, SUBMISSIONS, COMMUNICATIONS, AND OTHER CONTENT
The Website may permit users of the Services to submit reviews, comments, photos and other content; send e-mail and other communications; and submit suggestions, feedback, ideas, comments, questions or other information (“User Submissions”).
You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Mobile Soles does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.
By submitting User Submissions, you hereby grant to Mobile Soles an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Mobile Soles shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Mobile Soles does not endorse any User Submissions or any opinion, recommendation or advice expressed therein. Mobile Soles reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms and whether or not to allow the uploading and/or removal of any User Submissions. In connection with User Submissions, you affirm, represent and warrant to Mobile Soles that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Mobile Soles as set forth in the license granted above; (iii) use of your User Submission(s) on the website or otherwise by Mobile Soles, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Mobile Soles to utilize the User Submission(s) without compensation or objection. For clarity, Mobile Soles obtains the license above, but does not claim ownership of your User Submissions.
NOTICE OF COPYRIGHT INFRINGEMENT
Mobile Soles does not permit copyright infringing activities on the website, and Mobile Soles may remove any Materials if properly informed that any such Materials infringe on another’s copyright rights. Mobile Soles will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer. If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Mobile Soles by providing the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
• Identification of the location where the original or an authorized copy of the copyrighted work exists;
• Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Mobile Soles to locate the same;
• Information reasonably sufficient to permit Mobile Soles to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the Material (including a User Submission) 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 copyright right that is allegedly infringed.
Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Mobile Soles’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act and you acknowledge that if you fail to comply with all of the requirements of the Act, your notice may not be valid.
3842 Harlem Rd
Buffalo, NY 14215
PRODUCTS AND ORDERS
By placing an order with Mobile Soles, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. Products or items saved in or added to your “shopping bag” are not reserved by or guaranteed to you. The receipt by you of an order confirmation does not constitute Mobile Soles’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to Mobile Soles’s acceptance of an order, verification of information may be required. Mobile Soles reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Mobile Soles, for any reason whatsoever. Mobile Soles reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Mobile Soles shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Mobile Soles shall credit your account in the amount of the incorrect price.
All features, specifications, products and prices of products and services described on the website and through the Services are subject to change at any time without notice. From time to time there may be information made available through the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy or currency of any information made available through the Services. We reserve the right to make changes in information about price, description or availability without notice. We reserve the right to limit, refuse, cancel or prohibit any order you place through the Services at our sole discretion.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website and in the Services; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors.
The inclusion of any products or services on the website or in the Services does not imply or warrant that these products or services will be available over the Internet or in each of our stores at any particular time. Certain products may be available exclusively online through the Services.
Mobile Soles reserves the right to restrict delivery to addresses within or outside of the United States. Prices shown on the Website or through the Services do not include any tax until the checkout process, if any. Shipping and handling fees and applicable sales/use tax will be added by Mobile Soles as necessary and you are fully responsible for such charges. For international orders, product prices are subject to change if the applicable currency exchange rate changes before your order is accepted. The delivery of international orders may be delayed due to customs, and Mobile Soles is not responsible for any such delay. Mobile Soles cannot guarantee that you will or will not be charged any customs taxes, duties or fees, and you are responsible for any such charges. Any customs or import duties are charged once your parcel reaches its destination country.
Promotion codes are non-transferable and there is no cash value or alternative. They cannot be used in conjunction with any other promotion codes and must be redeemed by the date(s) published.
Periodically, links may be established from the Website to one or more external websites or resources operated by unrelated third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Website. These links should not necessarily be deemed to imply that Mobile Soles endorses the Third Party Sites or any content therein.
Mobile Soles does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Mobile Soles will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods or services available on or through any such Third Party Site.
MOBILE SOLES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE WEBSITE, CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY MOBILE SOLES OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
THE WEBSITE, THE SERVICES, AND ALL RELATED CONTENT ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. MOBILE SOLES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICES OR LINKED TO FROM THE SERVICES.
You acknowledge, by your use of the Website and/or the Services that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL MOBILE SOLES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE SERVICES, THE WEBSITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MOBILE SOLES IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
You agree to indemnify, defend (if Mobile Soles so chooses) and hold harmless Mobile Soles, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, (a) made by any third party due to or arising out of any User Submissions, posted, or otherwise provided by you to the Services, Mobile Soles and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of the Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Mobile Soles reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Mobile Soles in asserting any available defenses.
TERMINATION OF SERVICE
In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Mobile Soles shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.
APPLICABLE LAW & DISPUTES
These Terms, your rights and obligations, our rights and obligations and all actions contemplated by these Terms will be governed by the laws of the State of New York, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of New York. In the event that any provision hereof is adjudged void and unenforceable, the same shall in no way affect any other provision of these Terms or the validity or enforceability of these Terms. If any dispute arises under these Terms, the matter shall be settled by binding arbitration in Buffalo, New York, in accordance with Comprehensive Arbitration Rules and Procedures (the “Arbitration”). For purposes of Arbitration, you hereby submit to the jurisdiction Buffalo and to any courts which are necessary or appropriate to enforce the decisions of the arbitrator. You waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The neutral arbitrator shall be a former or retired judge or justice of any New York state or federal court. The prevailing party shall be entitled to an award of all costs, fees and expenses (including reasonable, outside attorneys’ fees) incurred in connection with the Arbitration and the enforcement of judgment.
If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Mobile Soles’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Mobile Soles’s right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.