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Terms of Use

TERMS OF USE EFFECTIVE DATE: March 4, 2016

CHÉRUBIN SHOES (CHÉRUBIN) Web Site General Terms of Use

CHÉRUBIN SHOES (CHÉRUBIN), a division of R. Coleman Legacy Leathers, owns and operates this Site. The Site includes material, items, logos, trademarks, features, text, software, photos, videos, graphics, music, sound, data and information (“Material”) in its content that are the subject of trademark, copyright, patent or other proprietary protection. Further, certain Materials in this Site are the property of third parties, who have authorized CHÉRUBIN to distribute and use these Materials within this Site. All right, title and/or interest in and to such Materials, including all associated proprietary rights, are held by and shall remain with CHÉRUBIN. You acknowledge that you do not acquire any ownership rights in, nor do you acquire any license to any rights, either expressed or implied, to the Materials by accessing and using this Site. CHÉRUBIN specifically reserves all rights not expressly authorized under these Terms of Use, and you are only authorized to use this Site and the Materials as outlined herein. CHÉRUBIN has the right, at any time and without notice, to change or discontinue this Site or any aspect or feature of this Site, including without limitation, the content, hours of availability, and the equipment needed for access or use of this Site, and any service or product offered at this Site, without liability. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use, in any manner or in any way, the Site. Additionally, contents on this Site may contain typographical errors, inaccuracies, omissions in relation to services, pricing, locations, descriptions, information, and other matters. CHÉRUBIN reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information and content in the Site at any time and without notice. If CHÉRUBIN discovers any pricing errors or product errors, those errors will be promptly corrected at any time and without notice on this Site and on any related agreement, and the corrected price or product will be immediately effective on the date associated with the update or change.

Restrictions on Use (As Applicable)

You shall use the CHÉRUBIN Site for lawful purposes only. You shall not post or transmit on this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without CHÉRUBIN’s express prior approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Site to advertise or perform any commercial solicitation, including without limitation, the solicitation of users to become subscribers of other on-line information services or products competitive with this Site. Any conduct by you that in CHÉRUBIN’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site.

Subject to the copyright and trademark use authorizations below, since this Site contains Materials that are the subject of copyright, trademark and other proprietary protection, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Materials, in whole or in part, or this Site, in whole or in part, external to you. You may download the Materials for your internal use only on a single computer or you may network the Materials only on your internal intranet, which is owned, leased or solely controlled by you. Except as otherwise expressly permitted under statutory proprietary law or under these Terms of Use, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded Materials will be permitted without the express written permission of CHÉRUBIN and the third party owner. In the event of any permitted copying, redistribution or publication of the Materials, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, and the integrity of this Site shall be preserved.

You shall not upload, post or otherwise make available on this Site any item protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any item is not protected by such proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such availability. By providing items to any public area of this Site, you automatically grant, or warrant that the owner of such item has expressly granted to you, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of this Site to access, view, store or reproduce the item for that user’s personal use on a single computer. You grant CHÉRUBIN the right to edit, copy display, publish and distribute any item made available on this Site by you.

Further, as a visitor or user of the Site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by email, (each, a “Post”) any content or information that is false or inaccurate;
  • post any content that is unlawful, illegal, stalking, harmful, violent, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexual in nature, obscene, libelous, false, invasive of another's privacy or publicity rights, or content that could otherwise be considered to be objectionable in CHÉRUBIN’s sole judgment;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization or engage in any actions that includes personal or identifying information about any individual included in the contents of this Site;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • post any content that is subject to any disclosure restrictions;
  • post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • post any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • use the Site to disseminate any information or content, including by email, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable or hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability or religion;
  • post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment or any other devices;
  • interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
  • disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without CHÉRUBIN’s prior, express, and written permission; or
  • use the Site for commercial purposes, which includes marketing, solicitation or promotion except as otherwise allowed herein or in valid agreements with CHÉRUBIN.
  • The foregoing provisions of this Section are for the benefit of CHÉRUBIN, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions, directly, against you or on its own behalf. You acknowledge that CHÉRUBIN, its parent, its subsidiaries, affiliates and third-party content providers and licensors assume no responsibility or liability for your actions or activities that are inconsistent with the restricted uses recited herein.

    Disclaimer of Warranty/Limitation of Liability

    A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND THE CONTENTS THEREIN, ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR FREE; NOR IS ANY WARRANTY PROVIDED AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, AND THE CONTENTS THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THIS SITE OR THAT THIS SITE IS FREE FROM ANY CLAIMS OF INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHÉRUBIN, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY.

    B. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE AND THE CONTENTS HEREIN. THE INFORMATION OR CONTENTS OF THIS SITE SHOULD BE USED BY YOU ONLY AS AN INFORMATIONAL SOURCE AND SHOULD NOT SERVE AS THE SOLE FACTOR IN OR BASIS FOR ANY DECISION, INFORMATION OR CONTENTS. THE INFORMATION OR CONTENTS OF THIS SITE ARE INTENDED TO SOLELY PROVIDE GENERAL GUIDANCE ON MATTERS OF INTEREST FOR YOUR USE AND YOU ACCEPT FULL RESPONSIBILITY FOR ITS USE. WHILE EVERY EFFORT IS MADE TO ENSURE THE CORRECTNESS AND COMPLETENESS OF THE INFORMATION OR CONTENTS CONTAINED HEREIN, YOU ACKNOWLEDGE THAT CHÉRUBIN DOES NOT PROMISE OR GUARANTEE THAT THE INFORMATION OR CONTENT CONTAINED HEREIN IS CORRECT, COMPLETE, OR ACCURATE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK. CHÉRUBIN MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE CONTENTS OF THIS SITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR SERVICES OFFERED HEREIN. ANY APPLICABLE PRODUCT OR SERVICE WARRANTIES ACCOMPANY THE PRODUCT IN A SEPARATE AGREEMENT AND UNDERSTANDING.

    C. IN NO EVENT WILL CHÉRUBIN OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS REGARDING THE USE OF THE CONTENTS OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Under no circumstances whatsoever shall CHÉRUBIN’s aggregate liability resulting from or relating to your use of the Site exceed One Hundred Dollars ($100.00).

    D. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHÉRUBIN AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM MY VIOLATION OF THESE TERMS OF USE. YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHÉRUBIN AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THIS SITE OR SITE CONTENTS IN BREACH OF THESE TERMS OF USE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.

    Term/Obligations Upon Termination

    Your right to use any part of this Site may be subject to immediate termination by CHÉRUBIN if your use of this Site is inconsistent with the Terms of Use recited herein or if you misappropriate, misuse or infringe any of the Materials and/or the associated proprietary interests or rights of CHÉRUBIN or any third party. Notwithstanding the foregoing, CHÉRUBIN may block, restrict, disable, suspend or terminate your access to or use of this Site, in whole or in part, without prior notice or without liability to you. You are free to discontinue your use of this Site at any time. All Material is and shall remain the sole and exclusive property of CHÉRUBIN. Your right to use such Material is only authorized for the purposes stated herein, and you may store the Material during your continued and uninterrupted use of this Site; however, you may not store for future use such Material beyond your termination of access and use of this Site, nor may you develop a library of such Material during your use of this Site or after your termination of use of this Site.

    Site Applicable Related Terms

    These Terms of Use incorporate by reference the following terms and/or statements:

    Privacy Practice Statement (you must agree to the Privacy Practice Statement to continue access and use of this Site)

    Governing Laws Terms

    Trademark Use Terms

    Copyright Use Terms

    Permission to Link Terms

    Third-Party Link Terms

    Account Terms

    Contact Information

    GOVERNING Laws TERMS

    Applicable Laws

    This Site (excluding linked sites) is controlled by CHÉRUBIN from its offices within the State of Missouri, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Missouri, by accessing this Site both you and CHÉRUBIN agree that the statutes and laws of the State of Missouri, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.

    You and CHÉRUBIN also agree and hereby submit to the exclusive personal jurisdiction and venue of the competent courts in the State of Missouri, Ste. Genevieve County or the nearest Federal Court with respect to such matters. CHÉRUBIN makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations, and to International Internet Laws, Rules and Regulations.

    Permission to Link TERMS

    Terms for Linking

    CHÉRUBIN welcomes a link from your web page to CHÉRUBIN‘s Site. The following describes how you may link and the process for achieving such interaction between this Site and your link. Except as CHÉRUBIN may authorize elsewhere, non-CHÉRUBIN sites may link to this Site only by using CHÉRUBIN’s logo, tradename, trademark or URL - “cherubinshoes.com” (collectively, Link Elements). By using these Link Elements, you agree to be bound by the following terms.

    1)CHÉRUBIN grants you a non-exclusive, non-transferable right and license to display the Link Elements only on your site only for the purposes of establishing a link to this Site. You may display one or more Link Elements on your site provided that when a user clicks on your choice of a Link Element, the user always links to this Site, except where otherwise authorized. Further, you are not permitted to change or modify the Link Elements in a manner that is detrimental to the enforcement of U.S. and international trademark and copyright interests and title. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site or any affiliated CHÉRUBIN Sites. Further, you may not link to any site that disparages or compromises this Site, either legally or morally, in anyway.

    2)The link elements are not to be considered or to be construed, either explicit or implied, as any endorsement, agency or affiliate relationship, strategic alliance or any other legal or business relationship and are only provided for the convenience of the user at your site.

    3)You may not use the link elements for or in the encouragement of unlawful or illegal purposes, or use or display the link elements in a disparaging, derogatory, detrimental or adverse manner, whether or not related to CHÉRUBIN or CHÉRUBIN’s Site.

    4)As a result of your use of these Linking Elements, you are not granted any other license or right in the marks or copyrights held and owned by CHÉRUBIN in these Linking Elements and any related materials. Further, no license, either expressed or implied, is granted to any other intellectual property, including those properties associated with this Site, and any or all of the contents, therein.

    5)CHÉRUBIN, at any time without notice, reserves the right, for any reason and in its sole discretion, to terminate or modify immediately, CHÉRUBIN's Terms for Linking. Upon termination, you shall promptly remove the link elements from your site. CHÉRUBIN disclaims any warranties or guarantees, whether express or implied, including warranties against infringement, with regard to the link elements and their use, and the contents of this Site. The content of this Site is provided “AS IS”.

    6)CHÉRUBIN reserves the right to pursue any action against any use that does not conform to these terms or infringes any CHÉRUBIN intellectual property right or any or other interest, or violates any other applicable laws related to, arising from or associated with the link, Linking Elements, CHÉRUBIN or this Site.

    THIRD PARTY LINK TERMS

    Links to Third-Party Sites

    In the event there are any links provided in this Site to other third-party sites, which let you leave this Site, you acknowledge by your use of such links that CHÉRUBIN provides such links for your convenience only and makes no representations whatsoever about such third-party sites. These non-CHÉRUBIN linked sites are independent from CHÉRUBIN and CHÉRUBIN is not responsible for the contents of any linked site or any link contained in a linked site, or the operation, performance reliability of such site or the contents therein or any changes or updates to such sites. The inclusion of any such link does not imply endorsement, either expressly or implied, by CHÉRUBIN of the linked site. The linking to and use of such site is completely your responsibility and any liabilities or risks associated with such linking or use of the Site, and the contents therein, shall be assumed totally and completely by you. CHÉRUBIN assumes no liability or risk for any damages, either direct or consequential, or claims as a result of such linking and use of this Site and you will hold CHÉRUBIN completely harmless with respect to any claim made or action commenced as a result of such linking to or use or the site and any contents therein.

    ACCOUNT ESTABLISHMENT TERMS

    If you are a registered user at this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. CHÉRUBIN reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content. To open an account, you will create a username and a password, and agree to maintain the security, confidentiality and integrity of your username, password, and any other security measures employed by CHÉRUBIN. You are responsible for all access to or use of your account (including financial transactions) under your username and password, including but not limited to access or use by any other individual, whether or not authorized by you. You agree to immediately notify CHÉRUBIN of any breach of security, including but not limited to unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing your password. You represent and warrant that all information that you provide for your account is current, accurate, complete and truthful, including but not limited to, your legal name, street address, email address, telephone number, and financial transaction account information.

    Further, you authorize CHÉRUBIN and any payment processing service provider it may engage to charge your credit card, debit card or to debit or process payment through any offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are an authorized account holder of any financial transaction account which you provide to CHÉRUBIN for payment of transactions that you make at this Site. You represent that you are the only one who will make payments in connection with the Site, and that you shall be responsible for any and all uses of your credit card, debit card or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to CHÉRUBIN are non-refundable.

    You understand that you are communicating electronically with CHÉRUBIN. You expressly consent to receipt of electronic communications from CHÉRUBIN whether by posting or email that you provide by setting up your user account. However, such communications from CHÉRUBIN in connection with purchases shall be limited to communications relating to services, programs, or products following acceptance of an electronic agreement or payment for purchases. You agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic term communications that CHÉRUBIN provides to you according to this account establishment section satisfies the legal requirements that such communication be in writing.

    CONTACT: Any questions, clarifications, changes to personal information or opt out needs, or any other concerns regarding this Terms of Use, please contact:

    CHÉRUBIN SHOES (CHÉRUBIN) – Contact Information

    Emailhandmade@cherubinshoes.com

    Phone: 1-888-891-1221

    Mail:
    Chérubin Shoes
    PO Box 443
    Ste. Genevieve, MO 63670