Terms and Conditions
IF YOU DO NOT AGREE TO THE RULES, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, DESTROY ALL OF YOUR COPIES OF THE SOFTWARE AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.
1. Changes to the Rules and Services Apply to You.
You may review the most current version of the Rules at the Site. Snyder’s Shoes may change pricing, the Rules, or change the scope of the Services, in whole or in part, at any time at Snyder’s Shoes’ sole discretion. Posting of such changed Rules on the Site shall constitute notice of such changes to you, although Snyder’s Shoes may choose additional types of notice. Snyder’s Shoes will use reasonable efforts to provide you with 30 days advance notice of changes to the Rules that materially and adversely impact your use of the Services. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.
2. Your Responsibilities.
Use of Your Account. You are responsible for all use of your account, so you must protect your password and any other methods of accessing your account or the Services. Except as expressly allowed hereunder, you may not transfer or permit any other person to use your user name or your account. Snyder’s Shoes owns your user name, any associated password, e-mail addresses, website and any domain name (unless you purchased the complete rights to the entire domain name), and reserves the right to take or terminate the use of any such user name, e-mail address, website and domain name at any time. For the purpose of clarification, most consumer based products and services offered by Snyder’s Shoes do not include the complete rights to any domain name.
Minors. You must be 18 years old to establish an account for paid Services, and you represent that you are at least 18 years old by registering for such Services. Parents may obtain an account for the Services for minors, and by doing so, consent to such minor’s use of such Services. Parents assume full responsibility and liability associated with a minor’s use of any of the Services.
Completion of Questionnaires, Surveys, Registration. As a condition of Snyder’s Shoes providing the Services, you agree to provide Snyder’s Shoes with accurate and complete information as requested from time to time, through questionnaires, surveys and registration forms. You must register for the Services in your own name. You agree that Snyder’s Shoes may verify the accuracy of any information you submit and may cancel or terminate your account or your use of the Services if your information is inaccurate.
Accessing Services. Snyder’s Shoes does not provide Internet access service needed to access or use the Services unless otherwise specified. You are responsible for providing your own access to the Internet and are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as computer, modem and software) and communications services (including, without limitation, long distance or local telephone service) necessary to use the Services. You are responsible for ensuring such equipment and services are compatible with the Services.
3. Charges and Billing.
Payment Method. You expressly authorize Snyder’s Shoes to charge all fees incurred in connection with the Services to your selected billing method, including charges that may occur on an automatic or recurring basis, and such authorization shall remain valid until revoked by you by canceling any Service for which a fee is charged as described herein. You agree to report to Snyder’s Shoes all changes to your selected billing method information within 30 days of the change. Some fees that you may incur using the Services may accumulate on your Snyder’s Shoes account before they are charged to your selected billing method. Once the charges appear on your account, you are responsible for payment of such charges. If you have any billing-related questions, call the toll-free billing support number set forth on the Site for your particular Service.
4. Termination, Cancellation, Renewals and Refunds.
Rights. Either you or Snyder’s Shoes may terminate or cancel your account for any reason at any time. You understand and agree that all payments to Snyder’s Shoes are non-refundable and that the cancellation of your account is your sole remedy with respect to any dispute or disagreement with Snyder’s Shoes. If your Services are cancelled for any reason, you may lose access to any content, e-mail services or messages, storage, access to your domain and website or other materials or features provided with the Services, including materials or content that you may have uploaded or posted to any Snyder’s Shoes public areas. Termination of the Services will not excuse you from any criminal or other civil liabilities. You understand when you register for the Services you have agreed, without future notice, to be charged on an ongoing basis unless you take affirmative steps to cancel the Service. If Snyder’s Shoes terminates your Service, you may be prohibited from subsequently registering for such Service or any other Services.
Your Cancellation Procedures. You can cancel the Services by following the instructions on the Site. Your termination is not complete until processed by Snyder’s Shoes and charges will continue to accrue until termination is complete. Processing is normally done within 72 hours of your request.
5. Limitations on Your Use.
Services in General. The Services are provided for your personal, consumer use only unless otherwise specified, and are not intended for commercial or business use and such use is prohibited. You agree that Snyder’s Shoes may establish or change general practices and limits concerning use of the Services at any time. General limitations are discussed below; however, please review the Acceptable Use Guidelines and Service specifications for your particular Service for a fuller discussion regarding practices and limitations.
Snyder’s Shoes’ Rights.
Changes. Snyder’s Shoes retains the right at its discretion to make changes to the Services. Changes may include, without limitation, fees and billing methods, the continued availability, termination or reduction of some or all of the Services or any features offered by the Services.
Privacy. Snyder’s Shoes is committed to safeguarding your privacy online and has created the Privacy Statement in order to demonstrate our commitment. However, you understand that Snyder’s Shoes may disclose your personal information to comply with any laws, legal authority or processes, or in other special circumstances as set forth in the Privacy Statement.
Communication. You agree as a condition of your Service that Snyder’s Shoes and its affiliates (and such third parties as authorized by Snyder’s Shoes in compliance with the Privacy Statement) may furnish you, by e-mail or other means selected by Snyder’s Shoes, information prepared by Snyder’s Shoes or by (or on behalf of) other entities, including surveys, questionnaires, information, advertising and solicitations of new products, services, updates, account changes and technical services announcements, as well as other messages related to the Services. You may be required to receive information and advertising related to products and services of Snyder’s Shoes and companies affiliated with United Online even if the Service to which you have subscribed specifies no advertising. You further acknowledge that any such advertisements and information are an inseparable part of the Service, and in order to opt-out of receipt you may be required to terminate the Service. If you subscribe to a Service that is supported by advertising (e.g. the Service is free or discounted), you agree that (i) you may be required to display, and Snyder’s Shoes has the right to display, advertising on your web sites or pages, and (ii) you may not display other forms of paid or exchange advertising on your web pages or site, other than those that may be provided by Snyder’s Shoes, and (iii) such web pages or sites may not be used primarily as a entry or link to an advertising or e-commerce site. Any attempt to modify, obfuscate, undermine or avoid the display of such advertising provided by or on behalf of Snyder’s Shoes shall be considered a material breach of this Agreement.
License. Snyder’s Shoes may make available computer software developed by Snyder’s Shoes and others for enabling use of certain of the Services (“Software”). Snyder’s Shoes grants to you a personal, non-transferable, non-exclusive license to use the Software (in object code form only) only in connection with the corresponding Service and subject to the Rules.
You may copy and archive the Software provided that all such copies contain the same copyright notice and proprietary markings as are on the original Software; and provided further that you do not sell, transmit or otherwise dispose of any copy for compensation or as part of a commercial offer. Notwithstanding the foregoing, you may be required to install any updates, enhancements or upgrades to the Software provided by Snyder’s Shoes, although Snyder’s Shoes is not obligated to provide such updates, enhancements or upgrades. Such updates, enhancements or upgrades shall be deemed a part of the Software.
You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to any of the Services or disabling features of the Software or the Services. Except as may be permitted by Snyder’s Shoes, you agree not to use any of the Services by any means other than through the interface that is approved or provided by Snyder’s Shoes or its partners for use in connection with the Service. Without limiting the generality of any rights Snyder’s Shoes may have hereunder, Snyder’s Shoes may terminate your license immediately if you breach any provision of this section.
Export Regulations. Except for export to Canada for use in Canada by Canadian citizens, the Licensed Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. government regulations including, without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are acknowledging and agreeing to the foregoing limitations on your right to export or re-export the Software, and are also representing and warranting that you are neither on any applicable government’s lists of export precluded parties nor otherwise ineligible to receive software containing cryptography that is subject to any applicable export controls.
Government End Users. You acknowledge and agree that you are not acquiring the license granted hereunder on behalf of a U.S. government agency, and the license granted hereunder is not being acquired pursuant to a U.S. government contract.
7. Warranty Disclaimer.
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. Snyder’s Shoes HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Snyder’s Shoes OR UNITED ONLINE WEB SERVICE’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Snyder’s Shoes DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Snyder’s Shoes DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Snyder’s Shoes DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Snyder’s Shoes IN PARTICULAR.
8. Limitation of Snyder’s Shoes’ Liability.
Snyder’s Shoes SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Snyder’s Shoes BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Snyder’s Shoes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Snyder’s Shoes SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Snyder’s Shoes’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Snyder’s Shoes LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO Snyder’s Shoes FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR Snyder’s Shoes MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Snyder’s Shoes’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Indemnification of Snyder’s Shoes.
You agree to defend, indemnify and hold Snyder’s Shoes, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from Snyder’s Shoes’ own negligence. Snyder’s Shoes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Snyder’s Shoes in that matter.
Entire Agreement. These Rules (as may be modified by updated Rules on the Site) together constitute the sole agreement between Snyder’s Shoes and you respecting the subject matter hereof and fully supercede any and all other agreements, either oral or in writing.
Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of any dispute between you and Snyder’s Shoes shall be the state and federal courts located in the county of Los Angeles or Ventura, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.
Severability. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
No Waiver. Any failure of Snyder’s Shoes to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.
Information for California Residents. Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 101 E. Ludington Ave. Ludington MI.
How to Contact Us. A list of ways to contact Snyder’s Shoes is available on the Site.