Terms and Conditions
Welcome to Joia Shoes Online (http://www.joiashoesusa.com the "Site"). Please read the following Terms and Conditions carefully before using this Site and purchasing products or services from our Site so that you are aware of your legal rights and obligations with respect to Joia Shoes and its affiliates and subsidiaries (individually and collectively, "we", "us", or "Joia Shoes").
By using this Site, you signify your irrevocable acceptance of this Terms and Conditions. Joia Shoes has the right to revise these Terms and Conditions at any time without providing notice to its users. Your continued use of this Site shall be deemed irrevocable acceptance of those revisions. Joia Shoes may also remove portions of this Site or add to this Site from time to time without providing notice to you.
|1. Limited License|
|Joia Shoes grants you a limited license to access and use the Site subject to the Terms and Conditions of this Terms and Conditions. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content), other than for the purchase of products or services from our Site. You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Joia Shoes logos or other proprietary information, the content of any text, any of the Materials (as defined below), or the layout and design of any page (or form contained on a page) without Joia Shoes' express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Joia Shoes name, URL, or product name without Joia Shoes' express written consent.|
|3. Site Contents|
|Joia Shoes, its subsidiaries or affiliated companies or third-party providers hold the copyright for all copyrighted and copyrightable materials on the Site, including, but not limited to the text, images, forms, logos, graphics, photographs, and illustrations, including the selection and arrangement of such elements (collectively, the "Materials"). United States and international copyright laws, as well as other intellectual property laws protect such Materials. In addition, the entire Site is copyrighted as a collective work under United States and other copyright laws.|
Any copying, uploading, reproduction, transmittal, publication or redistribution of the Materials, which is not in accordance with this Terms and Conditions, is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading. All logos, trade names, and any other proprietary designations of Joia Shoes used herein are trademarks or registered trademarks of Joia Shoes. You agree that except as otherwise permitted in this Terms and Conditions, the copying, reproduction, use, transmittal, publication, redistribution or modification of the trademarks is strictly prohibited.
|4. Product Purchases and Your Account|
|When you purchase products or services through our Site, or if you create an account on our Site, you will be required to provide us with a valid email address and create a password. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Joia Shoes of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Joia Shoes cannot and will not be liable for any loss or damage arising from your failure to comply. When you purchase products or services through our Site, or create an account with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s information request form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Joia Shoes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Joia Shoes has the right to suspend or terminate your account, cancel your order, and refuse any and all current or future use of the Site (or any portion thereof).|
|5. Your Communications to Joia Shoes|
|6. Joia Shoes' Communications to You|
|You agree that Joia Shoes may send emails to you for the purpose of informing you of modifications or additions to our Site, about any of Joia Shoes' products or services, or for such other purposes, as Joia Shoes deems appropriate, including communications related to contests and promotions.|
|7. Online Conduct|
|In consideration of your use of our Site, you promise that you will not:|
- Remove any proprietary notices from this Site;
- Cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of Joia Shoes;
- Use this Site for any commercial purpose (other than for the purchase of products or services from Joia Shoes) or the benefit of any third party or any manner not permitted by the licenses granted herein;
- Use the Site in any way that would violate any applicable law, regulation or ordinance;
- Use the Site for fraudulent purposes;
- Attempt to decompile, reverse engineer, disassemble or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented by Joia Shoes with respect to this Site, and/or data transmitted, processed or stored by Joia Shoes;
- Take any steps to interfere with or in any manner compromise any of Joia Shoes' security measures or interfere with or disrupt the Site and/or the servers or networks connected to the Site;
- Obstruct or otherwise interfere with the normal performance of another person's use of the Site;
- Sell, lend, lease, trade, rent, barter, sub-license, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or
- So anything that violates this Terms and Conditions in any other way.
|8. Our Products|
|Joia Shoes tries to ensure that the representations of Joia Shoes products that are included in our Site, including the colors of our products, are as accurate as possible. However, you should recognize that the colors of our products as they appear on your monitor may differ from those you actually receive if you place an order. Joia Shoes will not accept returns if you are dissatisfied with a product's color. We will not provide credit card or cash refunds at any time. Only store credit will be provided if a product is damaged, as outlined in our Return Policy.|
|THIS SITE, AND ALL THE CONTENTS OF THIS SITE, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY KPOA SJPES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, JOIA SHOES DOES NOT WARRANT THAT THIS SITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.|
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
|10. Limitation of Liability|
|IN NO EVENT SHALL JOIA SHOES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE INABILITY TO USE THE SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF JOIA SHOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.|
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR USER ACCOUNT AND DISCONTINUE ANY USE OF THIS SITE. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
|11. Links to Third Party Sites|
|Links provided to other sites by Joia Shoes, if any, are provided as a courtesy only, and the sites they link to are not under the control of Joia Shoes in any manner whatsoever. Therefore, Joia Shoes iis in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Joia Shoes is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Joia Shoes of any linked site and/or any of its content therein.|
|12. Term of Use|
|The license for use of this Site is effective until terminated. This license will terminate as set forth elsewhere within this Terms and Conditions. In addition, you agree that Joia Shoes, in its sole discretion, may terminate your password, and/or user account, and remove and discard any of your stored information for any reason, including, without limitation, lack of use or if Joia Shoes believes that you have violated or acted inconsistently with the letter or spirit of this Terms and Conditions at any point during the Term. Joia Shoes may also in its sole discretion and at any time, discontinue providing this Site, with or without notice. You agree that any termination of your access to this Site under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that Joia Shoes may immediately deactivate or delete any information stored in your account, as applicable, and all related information. Joia Shoes reserves the right to bar any further access to such information and this Site. You agree that Joia Shoes shall not be liable to you or any third-party for any termination of your access to this Site.|
|13. Your Representations and Warranties|
|You represent and warrant that:|
- You possess the legal right and ability to enter into this Terms and Conditions and to comply with its terms;
- You will use this Site for lawful purposes only and in accordance with these Terms and Conditions and all applicable laws, regulations and policies;
- You will only use this Site on a computer on which the computer’s owner authorizes such use.
|You agree, at your own expense, to indemnify, defend, and hold harmless Joia Shoes, its employees, agents, and representatives against claim, suit, action, or administrative proceeding brought against Joia Shoes, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your use of the Site, your violation of this Terms and Conditions, or your violation of any rights of another, including but not limited to their intellectual property rights. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your use or misuse of the Site; (2) access or use of the Site by someone else using your computer or account; and (3) a violation of the Terms and Conditions or any policy or guidelines referenced herein by you or anyone using your computer or account. This indemnification agreement applies to any claim, suit, action, or administrative proceeding that is directly or indirectly related to the Site, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person's use or access of your computer or account infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., International, foreign, or state law. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.|
|If any provision of this Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.|
|You may not assign any rights granted to you hereunder. Nothing in this Terms and Conditions shall constitute a partnership or joint venture between you and Joia Shoes. The failure of Joia Shoes at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Terms and Conditions against or relating to Joia Shoes or any indemnified party under this Terms and Conditions will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms and Conditions and any agreements included or referred to in this Terms and Conditions constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. If you have any questions or concerns about this Terms and Conditions or any issues raised in this Terms and Conditions or on the Site, please contacts us at: firstname.lastname@example.org|
|Privacy & Security|
|Thank you for shopping at joiashoesusa.com. In order for us to tell you about our newest products and specials we ask for your e-mail address. To fulfill all orders, we need your business name, address, phone, tax identification or resale number and credit card information. Please note that we do our best to ensure the privacy and security of your account and all transactions made on our site. Your credit card number and other personal data will be treated with the highest standards of security and confidentiality. We will not share your personal information with any third party.|
|Orders placed on our site are encrypted using SSL technology, the industry-standard authentication and encryption technology, to ensure your transactions are protected. With SSL implemented on both the client and server, information transmitted over the Internet will remain unaltered and secure. In order for SSL security to work, you must use an SSL enabled browser.|
If you have any concerns about placing your order online, please call us: 213-741-0207 or email us: email@example.com