Effective Date: 01/01/2010
Welcome to Alegria Shoes’s website (“Site”) by Peppergate Footwear (“ALEGRIA SHOES”). This website is offered as a service to our customers. The following terms of use (“TOU”) set forth the basic rules that govern your use of this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE.Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. PGF may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOU.
TRADMARKS
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of PGF, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of PGF or such third party that may own the displayed Trademarks.
SITE CONTENTS & COPYRIGHT
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site are solely for your purchase of PGF products for personal use, information, education, entertainment, and communication with PGF. You may download, copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site.
LICENSE TO USE SUBMISSIONS
This Site may provide you with the opportunity to submit user-generated or third-party Submissions. By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the Submissions that you submit. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you make a Submission to this Site, you automatically grant PGF a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for PGF to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.
NO ENDORSEMENT OR LIABILITY FOR USER-GENERATED CONTENT
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute PGF’s endorsement of those Submissions. PGF is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
THIRD-PARTY LINKS
Third-party links on this Site may direct you to third-party websites that are not affiliated with PGF that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. PGF is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
PROHIBITED USES
In addition to other prohibitions as set forth in the TOU, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
REGISTRATION, ACCOUNTS & PASSWORDS
You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to PGF.
SITE UPDATES
PGF undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. PGF reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
PRODUCT AND PRICING INFORMATION
PGF reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of PGF. PGF reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
LIMITATIONS ON LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT PGF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PGF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PGF’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PGF’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DISCLAIMER
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS” AND “WITH ALL FAULTS.” PGF MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND PGF MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO PGF EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, PGF DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
PGF RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND PGF WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD PGF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TOU.
PRIVACY STATEMENT
PGF is committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by PGF in connection with your use of this Site, please consult our Privacy Policy which is incorporated into the TOU by reference.
NO OTHER AGREEMENTS
By agreeing to the TOU, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given PGF your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the TOU constitute the entire agreement between you and PGF related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date.
Should you have any questions concerning the TOU, or if you desire to contact PGF for any reason, please contact by visiting http://shop.Alegria Shoes.com/pages/Contact-Us.html
