This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, located at www.shooapparel.com, and the tools we provide you (the “Website” or the “Service”). It was last posted on 13 September 2019. The terms, “we” and “our” as used in this Agreement refer to SHOO Apparel, owned by SHOO LLC.  These two names are used interchangeably in this Terms of Use.  We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur. We refer to this Agreement, our Privacy Policy accessible at https://www.shooapparel.com/privacy-policy/, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

Limited License
SHOO Apparel grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of electronic documents and related services through our Website, strictly in accordance with our Legal Terms.

Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by SHOO Apparel. Our Website as a whole is protected by copyright and trade dress.  Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. SHOO LLC of SHOO Apparel aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of SHOO LLC, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from SHOO Apparel. SHOO Apparel prohibits use of any logo of SHOO Apparel or any of its affiliates as part of a link to or from any Website unless SHOO Apparel approves such link in advance and in writing. Fair use of SHOO Apparel’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than SHOO Apparel. Such links are provided for your reference only. SHOO Apparel does not monitor or control outside Websites and is not responsible for their content. SHOO Apparel’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does SHOO Apparel’ inclusion of the links imply that SHOO Apparel is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer
Postings on our Website are made at such times as SHOO Apparel determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. SHOO Apparel does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. The information and materials in our website are provided for your review in accordance with the notices, terms and conditions set forth Herein.  These materials are not guaranteed or represented or represented to be complete, correct or up to date.  These materials may be changed from time to time without notice.

Contracts and Legal Advice Disclaimer
You understand that we offer legal contracts (“Contracts”), as created and/or verified by attorneys or paralegals for sale through our Website. You acknowledge that we are not attorneys or paralegals nor do we offer legal advice. You acknowledge that we do not endorse any specific attorney or paralegal or any Contracts as being better than another. We do not otherwise guarantee the legal accuracy or applicability of any Contracts for your legal needs. You will at all times look to any attorney or paralegal that you select for services as to any legal claims related to such services.

No Warranties; Exclusion of Liability; Indemnification
Our website is operated by SHOO LLC for SHOO Apparel on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties of any kind. To the fullest extent permitted by law, SHOO Apparel specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement for our website and any contracts and services you purchase through it.  SHOO Apparel shall not have any liability or responsibility for any errors or omissions in the content of our website, for contracts or services sold through our website, for your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website.  Your use of our website and any contracts or services are at your own risk.  In no event shall either SHOO Apparel or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way through our website, the delay or inability to use our website or otherwise arising in connection with our website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.  In no event shall SHOO Apparel’s liability for any damage claim exceed the amount paid by you to SHOO Apparel for the transaction giving rise to such damage claim.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.  Without limiting the foregoing, SHOO Apparel do not represent or warrant that the information on the website is accurate, complete, reliable, useful, timely or current or that our website will operate without interruption or error.  You agree that all times, you will look to attorneys from whom you purchase services or products for any claims of any nature, including loss, damage or warranty.  SHOO Apparel and their respective affiliates make no representation or guarantees about any contracts and services offered through our website.   SHOO Apparel makes no representation that content provided on our website, contracts, or related services are applicable or appropriate for use in all jurisdictions.

Indemnification
You agree to defend, indemnify and hold SHOO Apparel harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

 

Mobile Terms of Service

Last updated: Jan. 12, 2023

The SHOO Apparel mobile message service (the "Service") is operated by SHOO LLC (“SHOO Apparel”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SHOO Apparel’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SHOO Apparel through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SHOO Apparel. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to SHOOApparel or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SHOO Apparel mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to SHOOApparel or email stacy@shooapparel.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.