Click Access Ltd. ("CAL") operates this web site Shoejam.com (the
"Web Site").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR
UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU
DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
- Products, Content and Specifications.
All features, content, specifications, products and prices of products
and services described or depicted on this Web Site are subject to
change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors; however,
the actual color you see will depend on your computer system and we
cannot guarantee that your computer will accurately display such
colors. The inclusion of any products or services in this Web Site at a
particular time does not imply or warrant that these products or
services will be available at any time. It is your responsibility to
ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to
the possession, use and sale of any item purchased from this Web Site.
- Shipping Limitations. When an order
is placed, it will be shipping to an address designated by the
purchaser as long as that shipping address is compliant with the
shipping restrictions contained on this Web Site. All purchases from
this Web Site are made pursuant to a shipment contract. As a result,
risk of loss and title for items purchased from this Web Site pass to
you upon delivery of the items to the carrier. You are responsible for
filing any claims with carriers for damaged and/or lost shipments.
- Accuracy of Information. CAL
attempts to ensure that information on this Web Site is complete,
accurate and current. Despite our efforts, the information on this Web
Site may occasionally be inaccurate, incomplete or out of date. We make
no representation as to the completeness, accuracy or currentness of
any information on this Web Site. For example, products included on the
Web Site may be unavailable, may have different attributes than those
listed, or may actually carry a different price than that stated on the
Web Site. In addition, we may make changes in information about price
and availability without notice. While it is our practice to confirm
orders by email, the receipt of an email order confirmation does not
constitute our acceptance of an order or our confirmation of an offer
to sell a product or service. We reserve the right, without prior
notice, to limit the order quantity on any product or service and/or to
refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
- Use of this Web Site. The Web Site
design and all text, graphics, information, content, and other material
displayed on or that can be downloaded from this Web Site are either
the property of, or used with permission by, CAL and are
protected by copyright, trademark and other laws and may not be used
except as permitted in these Terms and Conditions or with the prior
written permission of the owner of such material. You may not modify
the information or materials located on this Web Site in any way or
reproduce or publicly display, perform, or distribute or otherwise use
any such materials for any public or commercial purpose. Any
unauthorized use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and publicity, and
other laws and regulations.
- Trademarks. Certain trademarks,
trade names, service marks and logos used or displayed on this Web Site
are registered and unregistered trademarks, trade names and service
marks of CAL and its affiliates. Other trademarks, trade names and
service marks used or displayed on this Web Site are the registered and
unregistered trademarks, trade names and service marks of their
respective owners and its affiliates. Nothing contained
on this Web Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed on this Web
Site without the written permission of CAL or such third party owner.
- Linking to this Web Site. Creating
or maintaining any link from another Web site to any page on this Web
Site without CAL's prior written permission is prohibited. Running or
displaying this Web Site or any material displayed on this Web Site in
frames or through similar means on another Web site without CAL's prior
written permission is prohibited. Any permitted links to this Web Site
must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to
time, this Web Site may contain links to Web sites that are not owned,
operated or controlled by CAL or their affiliates. All such links
are provided solely as a convenience to you. If you use these links,
you will leave this Web Site. Neither CAL nor any of their
affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither CAL nor any of their affiliates endorse, guarantee, or make any
representations or warranties regarding any other Web site, or any
content, materials or other information located or accessible from such
Web sites, or the results that you may obtain from using such Web
sites. If you decide to access any other Web site linked to or from
this Web Site, you do so entirely at your own risk.
- Inappropriate Material. You are
prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or
otherwise violate any law. In addition to any remedies that CAL
may have at law or in equity, if CAL reasonably determines that
you have violated or are likely to violate the foregoing prohibitions, CAL may take any action they reasonably deem necessary to cure
or prevent the violation, including without limitation, the immediate
removal from this Web Site of the related materials. CAL will
fully cooperate with any law enforcement authorities or court order or
subpoena requesting or directing CAL to disclose the identity of
anyone posting such materials.
- User Information. Other than
personally identifiable information, which is subject to this Web
Site's Privacy Policy, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments or other
communication you transmit or post to this Web Site in any manner
("User Communications") is and will be considered non-confidential and
non-proprietary. CAL, each of its affiliates and/or their designees may
use any or all User Communications for any purpose whatsoever,
including, without limitation, reproduction, transmission, disclosure,
publication, broadcast, development, manufacturing and/or marketing in
any manner whatsoever for any or all commercial or non-commercial
purposes. CAL may, but is not obligated to, monitor or review any User
Communications. CAL shall have no obligations to use, return, review,
or respond to any User Communications. CAL will have no liability
related to the content of any such User Communications, whether or not
arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. CAL retains the right to remove any or all User
Communications that includes any material CAL deems inappropriate or
unacceptable.
- DISCLAIMERS. YOUR USE OF THIS SITE
IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH
THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CAL
NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE
MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND
SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER CAL NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY
DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS
WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAL HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, CAL HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE
DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS
ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
- LIMITATIONS OF LIABILITY. Neither CAL assumes any responsibility, and shall not be liable for,
any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this Web Site or your
downloading of any materials, from this Web Site. IN NO EVENT WILL CAL, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE
BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB
SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT
YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR
REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER
OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S
WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES
IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB
SITE.
- Revisions to these Terms and Conditions. CAL may revise these Terms and Conditions at any time and from time to
time by updating this posting. You should visit this page from time to
time to review the then current Terms and Conditions because they are
binding on you. Certain provisions of these Terms and Conditions may be
superseded by expressly designated legal notices or terms located on
particular pages at this Web Site.
- Choice of Law; Jurisdiction. These
Terms and Conditions supersede any other agreement between you and CAL
to the extent necessary to resolve any inconsistency or ambiguity
between them. This Web Site is administered by CAL from its offices. These Terms and Conditions will be governed by and
construed in accordance with the laws of Seychelles, without giving effect to any principles of conflicts of
laws. Any action seeking legal or equitable relief arising out of or
relating to this Web Site shall be brought only in the courts of Seychelles. A printed version of these Terms and Conditions shall be
admissible in judicial and administrative proceedings based upon or
relating to these Terms and Conditions to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form.
- Termination. You or we may suspend
or terminate your account or your use of this Web Site at any time, for
any reason or for no reason. You are personally liable for any orders
that you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or any aspect
of this Web Site at any time without notice.
- Additional Assistance. If you do
not understand any of the foregoing Terms and Conditions or if you have
any questions or comments, we invite you to contact us.