Welcome to Final Footwear. Final Footwear provides its services to you subject to the following conditions. When you use Final Footwear, you agree to accept these terms and conditions. Final Footwear reserves the right to change these terms and conditionsat any time.
2. Use of Site
You are at least 18 years old or you are under the supervision of a parent or guardian. Final Footwear grants you a limited and revocable license to use our Site for the purpose of shopping for personal items and not for any commercial or other use. Final Footwear may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, written consent. Final Footwear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or portions thereof, in our sole discretion, if Final Footwear determines that any customer conduct violates applicable law or is harmful to the interests of Final Footwear. You are prohibited from uploading to, posting on or transmitting through Final Footwear any information or material that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, Trojan Horses or other harmful code or properties. If you use the Final Footwear, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur using your account information.
3. Reviews and Comments
Any information that you submit to Final Footwear (including ideas, reviews, comments and suggestions) will automatically become the sole and exclusive property of Final Footwear and will be treated as non-confidential and non-proprietary. Final Footwear will have the royalty-free, irrevocable and transferable right to use this information at Final Footwear's sole discretion. When providing customer ratings and reviews, you are representing that you are the sole author and owner of the content being posted, rights that you may have in such content have been voluntarily waived by you, all content that you post is accurate, you are at least 13 years old, use of the content you supply does not violate any terms described herein and that the information you provide will not cause injury to any person or entity.
All content on Final Footwear, including text, graphics, button icons, images and software belongs exclusively to Final Footwear, its affiliates or its suppliers. The compilation, arrangement, and assembly of all such text, graphics, button icons, images and software belong exclusively to Final Footwear.
Final Footwear, its logos and trade names are registered trademarks of Final Footwear and its affiliates. The use of any Final Footwear trademark is prohibited without the prior written consent of Final Footwear. All other trademarks not owned by Final Footwear or its affiliates that appear on the Site are the property of their respective owners.
6. Risk of Loss
The risk of loss and title for items purchased by you pass to you upon the delivery by Final Footwear of the items to the carrier.
7. Termination and Effect of Termination
Final Footwear may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Final Footwear reserves the right to modify, suspend or discontinue any or all aspects of the Site at any time without prior notice.
8. Disclaimer and Limitation of Liability
Products offered for sale on Final Footwear and the transactions conducted upon and through it are provided to you on an "as is" basis. Final Footwear makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content or products presented on the Site. To the extent allowed by law, Final Footwear disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. Final Footwear may include inaccuracies, mistakes or typographical errors. To the extent allowed by law, Final Footwear will not be liable for any damages of any kind arising from your use of the Site including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages.
9. Typographical Errors
Prices and availability of products and services are subject to change without notice. In the event a product is listed at an incorrectly (price or information due to typographical error or error in pricing or product information), Final Footwear will have the right to refuse or cancel any orders placed for such product whether or not the order has been confirmed and whether or not your credit card has been charged. If you were charged for the purchase and your order is canceled, Final Footwear will issue a credit to you in the amount of the charge. If you are not fully satisfied with your purchase, you may return it in accordance with Final Footwear's Return Policy.
Final Footwear may contain links to other sites that are owned and operated by other parties. Final Footwear is not responsible for the operation of or content located on any such other site.
The remedy of Final Footwear at law for any actual or threatened breach of these terms and conditions would be inadequate and Final Footwear will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Final Footwear is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Final Footwear shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No waiver by Final Footwear of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
12. Applicable Law and Choice of Forum
The laws of the State of Texas will govern these terms and conditions without giving effect to any principles of conflicts of laws. The parties hereto consent to the jurisdiction of the courts located in Dallas County, Texas, agree that the exclusive venue and jurisdiction for any dispute between the parties shall be the state or federal courts located in Dallas County, Texas.
13. Opt-In - Opt-Out
Unless you have chosen to subscribe to our Newsletter, we will not use your Final Footwear registration information to send you promotional materials. We do not transfer, sell or release user names, e-mail addresses or registration information to any business partner, advertiser, sponsor, or outside organization. You may opt-out at any time by simply clicking the opt-out link at the bottom of our newsletter or log into My Account, click the newsletter tab and uncheck the newsletter box.