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Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by California Footwear Company / californiafootwearco.com and its subsidiaries and affiliates (collectively, "us", "we" or "CALIFORNIA FOOTWEAR COMPANY"). By accessing or using CALIFORNIA FOOTWEAR COMPANY's websites or services, or the mobile versions of either, (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law, whether or not you are a registered member of CALIFORNIA FOOTWEAR COMPANY. CALIFORNIA FOOTWEAR COMPANY may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Intellectual Property
All intellectual property on the Website is owned by CALIFORNIA FOOTWEAR COMPANY or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of CALIFORNIA FOOTWEAR COMPANY. All content on the Website including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of CALIFORNIA FOOTWEAR COMPANY; All rights reserved.

Website Use Restrictions
You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase CALIFORNIA FOOTWEAR COMPANY products. Any other use is prohibited unless agreed to by CALIFORNIA FOOTWEAR COMPANY in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website without CALIFORNIA FOOTWEAR COMPANY's prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Product Orders
All orders placed through the Website are subject to CALIFORNIA FOOTWEAR COMPANY's acceptance. This means that CALIFORNIA FOOTWEAR COMPANY may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, CALIFORNIA FOOTWEAR COMPANY will issue you a refund.

Safeguard Your Username/Password
You are responsible for any actions that take place while using your CALIFORNIA FOOTWEAR COMPANY account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify CALIFORNIA FOOTWEAR COMPANY immediately of any unauthorized use of your CALIFORNIA FOOTWEAR COMPANY account. CALIFORNIA FOOTWEAR COMPANY is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Links
The Website may contain links to websites operated by other companies. CALIFORNIA FOOTWEAR COMPANY does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. CALIFORNIA FOOTWEAR COMPANY is not responsible for the content or policies of linked websites and you access such websites at your own risk.

Indemnification
You agree to indemnify, defend, and hold harmless CALIFORNIA FOOTWEAR COMPANY, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

Limitation of Liability
CALIFORNIA FOOTWEAR COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A CALIFORNIA FOOTWEAR COMPANY EVENT OR ANY USER GENERATED CONTENT, EVEN IF CALIFORNIA FOOTWEAR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST CALIFORNIA FOOTWEAR COMPANY FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE.

Miscellaneous
You agree that this Website shall be deemed a passive website solely based in California, which does not give rise to personal jurisdiction over CALIFORNIA FOOTWEAR COMPANY in jurisdictions other than California. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and CALIFORNIA FOOTWEAR COMPANY shall be governed in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of CALIFORNIA FOOTWEAR COMPANY products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Sonoma County, California. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Sonoma County, California. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of CALIFORNIA FOOTWEAR COMPANY products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from CALIFORNIA FOOTWEAR COMPANY. You agree that any notice, agreement, disclosure or other communication that CALIFORNIA FOOTWEAR COMPANY sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. CALIFORNIA FOOTWEAR COMPANY’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. CALIFORNIA FOOTWEAR COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination
CALIFORNIA FOOTWEAR COMPANY reserves the right in its sole discretion to terminate your account, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. CALIFORNIA FOOTWEAR COMPANY also reserves the right to block users from certain IP addresses and prevent access to the Website. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.