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Terms of Use

NINA FOOTWEAR CORP. (the "Company") welcomes you to the ninashoes.com web site!! As a visitor to the Company site, you are accepting the following terms and conditions and hereby agree to be bound, without limitation or qualification, by these terms as well as to all applicable state and federal laws governing the use of, or sales effected through, this web site (the "Nina Site"), as follows:

I. USE AND ACCESS

  1. You shall not alter or tamper with the software, security, or site operations of the Nina Site.
  2. You shall only use the information contained in the Nina Site for the use to which the services and products are intended. In no event shall there be any use of the Nina Site for the appropriation of proprietary intellectual property, nor to gain or attempt to gain a competitive advantage through such use.
  3. You must have the legal capacity to enter binding contracts.
  4. Any comments, information, and data submitted to the Nina Site shall become the property of the Company. In such regard, the Company is under no obligation or duty to:
    1. Hold in confidence any disclosures or submissions except where required by law;
    2. Compensate you for the submission or disclosure of any such comments, information or data; or
    3. Respond to any disclosures or submissions.
  5. The Company without restriction may use all such submissions.
  6. You shall not be entitled to any compensation as a result of any such submission.
  7. You shall not provide information that is inflammatory, obscene or harmful to others, nor that may give rise to civil liability or may infringe on any copyright.
  8. You shall only submit personal information that is truthful in all aspects.
  9. The Company may restrict or terminate access to the Nina Site without notice if in the Company's sole discretion, information has been provided that may be harmful to others or be deemed a harassment to others (such as offensive language) during registration, ordering, or e-mail correspondence. In no event shall the Company or its service providers assume responsibility or liability for any action or inaction taken in regards to such offensive content on the Nina Site.

II. CONTENT

  1. The Company does not offer assurance that the information or material contained in the Nina Site is error-free or complete, although the Nina Site is regularly updated to check for inconsistencies and irregularities.
  2. Such updates include, but are not limited to: color, availability, product description, and price.
  3. The Company reserves the right to revise or change or correct information without prior notice and at any time, even during your transaction, which may include refusal, cancellation, revision or adjustment of your final payment.
  4. All prices are available for limited times only, and the Company reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased merchandise.

III. THIRD PARTY LINKS

  1. Links and references to and from third party websites are provided for convenience only.
  2. The Company does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security.
  3. The Company does not assume any responsibility or liability for third party sites, nor does The Company make any representation or warranties for these sites.
  4. No User may provide links to the Nina Site without prior written permission from the Company. To request such permission, contact the Company at the address provided in the Assistance page of the Nina Site.
  5. The Company does not assume responsibility or liability for third party content on the Nina Site.
  6. Vendors of the Company may furnish certain information available to you, including certain product data and opinions, and, in such regard, you shall indemnify the Company's service providers and affiliates against all losses or damages resulting in your reliance on any information, opinion or advice obtained through the Nina Site.

IV. RESTRICTION OF ACCESS

  1. These Terms of Use are applicable to you or to any user who accesses, registers, or shops on the Nina Site.
  2. The Company may restrict or terminate your access or any user's access to our services or products at any time and without notice.
  3. These Terms of Use (specifically, the paragraphs headed Termination; Indemnity; Copyright and Trademarks; Limitation of Liability and Disclaimer of Warranties; and Governing Law) shall survive any termination of service or use of the Nina Site.

V. INDEMNITY

  1. You shall indemnify all the Company, its agents and affiliates including, without limitation, its service providers, against all losses or damages, including reasonable attorney's fees, resulting from any violation of these Terms of Use and/or the Privacy Notice by you or anyone acting through you or on your account.

VI. INTELLECTUAL PROPERTY

  1. The Nina Site is owned by the Company and is available for your personal, non-commercial purposes only.
  2. The Company's name, logo, and site content, including, without limitation, pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software (collectively the "Intellectual Property") are all subject to applicable state and federal trademark, copyright, and other applicable intellectual property rights and law.
  3. Any third-party trademarks, product names, and logos on the Nina Site are the property of their respective owners.
  4. The Company retains sole rights for all use, production, and copy of its Intellectual Property, and any misuse is strictly prohibited.
  5. The Company's Intellectual Property may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from the Company in every instance.
  6. Permission is only granted to electronically copy and print pages from the Site solely for the non- commercial placement of your personal order; provided, however, that the Company retains all intellectual property rights, copyrights, and trademarks for any material that you may print for your personal use.

VII. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

THE COMPANY PROVIDES THE NINA SITE "AS IS" AND DOES NOT CLAIM TO MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONTENT OF THE NINA SITE. FURTHER , THE COMPANY DOES NOT WARRANT THAT ITS NINA SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON THE NINA SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR APPLICABLE SERVER IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS SHALL BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY DAMAGES, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM ANY USE OR INABILITY TO USE PRODUCTS OR SERVICES, MALFUNCTIONS OR DEFECTS IN THE SITE, LACK OF PRIVACY OR SECURITY WHEN USING THE SITE, FOR ANY DELAY IN OR LACK OF DELIVERY, FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, FOR USER OR ANY THIRD PARTY, AS PERMISSIBLE UNDER ALL APPLICABLE LAW. IF APPLICABLE LAW DOES NOT PERMIT SUCH AN EXCLUSION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THE LIMITATION MAY NOT APPLY IN ITS ENTIRETY. YOU SHALL INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS SERVICE PROVIDERS FROM DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST DATA, COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE NINA SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE CHARGED TO USER FOR USER'S ORDER. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE COMPANY RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS NINA SITE.

VIII. CHOICE OF LAW; MISCELLANEOUS

  1. The Nina Site is controlled and operated by the Company in New York, New York and through its service provider in Washington County, Oregon, United States of America.
  2. The Company makes no claim that the Nina Site, its services, or products, are appropriate or accessible to other locations.
  3. By accessing the Nina Site on your own initiative, you shall be bound by the terms of the Terms of Use and the Privacy Notice, and you shall, therefore, submit to the jurisdiction and venue in the state or federal courts located in New York.
  4. The laws of the State of New York shall govern these Terms of Use without giving effect to its conflicts of law principles.
  5. The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
  6. In the event the Company initiates legal proceedings to collect any amount due hereunder and the Company subsequently prevails in such proceedings, then you shall pay the Company's costs and reasonable attorneys' fees in such proceedings and any appeals.
  7. You waive any and all rights that you may have to a jury trial in connection with any proceedings concerning these Terms of Use.
  8. The Company reserves the right to change provisions of these Terms of Use without notice, and you shall be bound by the terms in effect at the time at which the Site is accessed