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Conditions of Use

Last Revised: December 15, 2014

These Terms of Use (“Terms of Use”), together with our Privacy Policy (“Privacy Policy”) which can be found at http://www.sasshoes.com/privacy-policy, govern your use of the San Antonio Shoe, Inc. (“San Antonio Shoemakers™” or “SAS” or “us” or “we”) website located at www.SASshoes.com, any content or information therein and any subdomains thereof (the “Website”). By accessing or using the Website, our shoes and accessories services and any other services provided through the Website (the “Services”), you (“you” or the “User”) agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to abide by these Terms of Use, you are not authorized to use or access (or continue to use or access) the Website or the Services. BY USING THE SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND TERMS OF USE. IF YOU DO NOT ACCEPT THE PRIVACY POLICY AND THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF SAS’S SERVICES.

These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Services. By using any of THE SERVICES, you hereby agree to THESE PROVISIONS. Please review the following carefully so that you understand the terms of these Terms of Use. These Terms of Use describe your responsibilities and SAS’s liability related to the Services. All SAS users must accept and comply with the terms and conditions set forth herein. If you have any questions regarding these Terms of Use, please contact us via email at casa@sas-shoes.net. YOUR RESPONSIBILITIES

You are solely responsible for your use of and activity in relation to the Website and Services. Your permission to use the Website and Services is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances: (a) post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (b) create a false identity or impersonate any person; (c) use the Website or Services for any unlawful purpose or for the promotion of illegal activities; (d) distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (e) attempt to, or harass, abuse, harm or bully another person or user; (f) provide false or inaccurate information to SAS; or (g) publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of SAS or of any other person or entity.

We have no obligation to monitor the Website or Services or any submissions or other materials that you or other third persons or parties transmit through the Website or Services. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (b) monitor and/or filter any of your communications through the Website or Services (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and (c) disclose any submission or message or any communication through the Website or Services, and the circumstances surrounding the transmission thereof, to any third party in order to (i) operate the Website; (ii) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (iii) comply with legal obligations or governmental requests; (iv) to enforce these Terms of Use; or (v) for any other reason or purpose.

LICENSE TO YOU

SAS hereby grants to you, subject to the terms and conditions of these Terms of Use, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Services (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any related documentation that we provide or provide access to) solely for your personal use, subject to the limitations set forth in these Terms of Use. All rights not expressly granted herein are reserved by SAS.

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by SAS. Except as specifically permitted herein or expressly authorized in writing by SAS, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Services in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means. You understand and agree that you are not permitted to: (x) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (y) use any means to discover the trade secrets in the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of SAS and its affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read through the Services is owned by SAS or its affiliates or licensors, excluding user generated content and Your Content (as defined herein) that SAS has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. As between you and SAS, SAS owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. The service marks and trademarks of SAS are service marks owned by SAS. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

LICENSE TO SAS

Subject to the terms of the Privacy Policy, you hereby grant to SAS a nonexclusive, perpetual, irrevocable, royalty-free, fully-paid, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, perform, display, modify, translate, excerpt (in whole or in part) adapt, publish and distribute any content that you submit or transmit to be made available through the Services, including without limitation ratings or reviews, but excluding your Registration Information (as defined in the Privacy Policy) (“Your Content”), and waive any applicable moral rights. By posting or submitting Your Content to the Website or Services, you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted to the Website or Services by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR TRANSMISSION THROUGH THE WEBSITE OR SERVICES.

You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to SAS by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by SAS or otherwise relating to Services (collectively, “Revisions”), are and will remain the property of SAS. You authorize SAS to treat any Feedback as non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of SAS and SAS may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to SAS any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At SAS’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

TRADEMARKS

SAS trademarks and service marks include, but are not limited to, the following: “San Antonio Shoemakers™,” “SAS®” and “keep moving™.” Further, all SAS graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, service marks or trade dress of SAS in the U.S. and other countries. You may not reproduce or use SAS’s trademarks, service marks or trade dress without the prior written permission of SAS.

TERM AND TERMINATION

These Terms of Use shall commence when you access or use Services and shall continue until terminated in accordance with this Section 5. You may terminate your account upon one business day prior notice by: (a) emailing us at casa@sas-shoes.net or by calling us at 1-877-782-7463; and (b) ceasing all use of the Services. SAS may terminate these Terms of Use and cancel your account at any time immediately upon notice to you. SAS may also, upon notice to you, immediately terminate these Terms of Use if you: (x) fail to comply with any term or condition specified in these Terms of Use or any policy posted by SAS on the Website from time to time; or (y) engage in any activities or conduct that SAS, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable.

Upon termination, all of your rights to use the Services shall immediately terminate. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use. THIRD PARTY WEBSITES, CONTENT AND SERVICES

The Website may contain links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on or available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by SAS. If you decide to leave the Website and access the Third Party Websites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from any such website.

DISCLAIMER OF WARRANTIES

The Website may be unavailable from time to time for maintenance or other reasons. SAS shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Website.

ALL USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR VIA THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. SAS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, REGISTRATION INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. SAS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SAS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.

WITHOUT LIMITING THE FOREGOING, NEITHER SAS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER SAS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER SAS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SAS OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF SAS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SAS SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO THE DISCLOSURE OR DISPLAY OF ANY CONTENT YOU SUBMIT TO THE SERVICES OR FROM ANY INTERACTIONS WITH SAS OR ANY OTHER USE OF THE SERVICES. IN NO EVENT SHALL SAS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED US $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS OF USE THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THESE TERMS OF USE AND THAT SAS WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS OF USE BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE SAS TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS OF USE.

Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

RELEASE

If you have a dispute with one or more Users or any other third party resulting from or arising out of or in connection with your use of the Services or Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Dispute Resolution – Arbitration, No Class Actions

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act, 9 U.S.C. §§1 et. seq. (“FAA”) and federal arbitration law apply to these Terms of Use. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF USE AS A COURT WOULD.

If you intend to seek arbitration you must first send written notice to SAS’s Legal Department of your intent to arbitrate (“Notice”). The Notice to SAS should be sent by U.S. Postal Service certified mail to Legal Department, San Antonio Shoe, Inc., 1717 SAS Drive, San Antonio, Texas 78224. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. The arbitration will be conducted by the International Institute for Conflict Prevention and Resolution (“CPR”), in accordance with the CPR Rules for Administered Arbitration. The CPR Rules for Administered Arbitration are available at www.cpradr.org or by calling 1-212-949-6490.

The arbitration will be conducted by a panel of three arbitrators, of whom each party shall designate one, with the third arbitrator to be designated by the two party-appointed arbitrators. Such arbitration shall be conducted in San Antonio, Texas, in the English language. The arbitrators shall establish procedures under which each party will be entitled to conduct discovery. The arbitrators shall award only such damages as are permitted to be awarded pursuant to these Terms of Use. The arbitrators must render their award within 30 days following the last hearing scheduled by the arbitrators and at that time state the reasons for their award in writing. Except as set forth below, the arbitral award shall be final, binding and incontestable and judgment thereon may be entered in any court of competent jurisdiction. An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of an arbitral panel in any arbitration arising out of or related to these Terms of Use that is conducted in accordance with such procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.

Except as otherwise provided for herein, SAS will pay all CPR filing, administration and arbitrator fees. If, however, the arbitrators find that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the CPR Rules. In such case, you agree to reimburse SAS for all monies previously disbursed by us that are otherwise your obligation to pay under the CPR Rules.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. If we make changes to the Terms of Use that, in our discretion, we consider significant, we will post a notice on the homepage of the Website and will send e-mails to our users who have created a SAS account containing a link to the revised Terms of Use prior to the changes becoming effective. Such significant changes will become effective 30 days following such notice. Non-material changes or clarifications will take effect immediately upon posting to our Website. It is your sole responsibility to check the Website from time to time to view any changes in the Terms of Use. If you continue to use the Services or the Website after we post an update to these Terms of Use, you indicate your acceptance of the updated Terms of Use. You agree that the amended terms and conditions of these Terms of Use shall be effective and binding on you upon the effective date indicated on our Website or on such other date as SAS may designate in its notice.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Termination of Repeat Infringer Accounts. SAS respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, SAS has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service or the Website who are repeat infringers. SAS may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to SAS’s designated copyright agent at San Antonio Shoe, Inc., Attention: Fran Yanity, 1717 SAS Drive, San Antonio, Texas 78224: