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Conditions of Use

Last updated October 12, 2009

Please carefully read the following terms and conditions ("Terms) governing your use of this website and any other website, microsite, mobile device application, or Internet property owned, or operated by supra footwear,Inc or any of its affiliates and subsidiaries and related services (collectively, the "Site(s)). The terms "You "Your and "user refer to anyone who accesses or is a visitor to any of the Site(s), including the the website and web pages located at supra footwear. USE OF ANY OF THE SITE(S) OR THE PURCHASE OF PRODUCTS FROM THE SITE(S) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS. Your access to and use of the Site(s) is undertaken at Your own risk. If You do not agree to these Terms or are dissatisfied with the Site(s) or any content therein, Your sole and exclusive remedy is to stop using the Site(s) and its/their information, content and services, and You may not access or otherwise use the Site(s).

We reserve the right to update or change the Terms at any time without notice to You. Any such changes will be posted on the Site(s) and You agree to be bound by such changes. At any time, for any or no reason, with or without prior notice and without any liability, we may discontinue or change any of the Site(s), or its/their availability to You, and can reject, refuse, restrict, suspend, or terminate Your access to all or any part of the Site(s). supra footwear,Inc may choose to not fulfill any purchase or order placed on the Site(s), subject to any applicable refunds under its refund policy.

PROPRIETARY RIGHTS.

As between You and supra footwear,Inc, supra footwear,Inc owns, solely and exclusively, all rights, title and interest in and to the Site(s) and all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site(s), and the compilation of the content, code, data and materials on the Site(s), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the Site(s). Your use of the Site(s) does not grant to You ownership of any content, code, data or materials You may access on the Site(s), nor does it grant You any license to use or display the same except as permitted on the Site(s) itself.

No part of the Site(s) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for personal, non-commercial viewing purposes, without the prior written consent of supra footwear,Inc. You may view the content of the Website(s) on Your computer or other Internet compatible device, and make single copies or prints of the content of the Website(s) for Your personal, internal use only. The Website(s) and the services offered on or through the Website(s), including any content and materials thereon, are only for Your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Website(s), or any content, code, data or materials therein, is strictly prohibited unless You have received the prior written permission of supra footwear,Inc or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Website(s). If You make other use of the Website(s), or the content, code, data or materials thereon, except as otherwise provided above, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. supra footwear,Inc will enforce its intellectual property rights to the fullest extent of the law.

TRADEMARKS AND COPYRIGHTS.

supra footwear,Inc owns, or has a valid right from a third party to use, all copyrights for all material on the Site(s) and all trademarks, service marks, trade names, logos and domain names used on or in connection with the Site(s). The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site(s) are registered and unregistered Trademarks of supra footwear,Inc and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing on the Site(s) grants, by implication, estoppel, or otherwise, any license or right to use any Trademarks on the Site(s) without the prior written permission of supra footwear,Inc or the third party that may own the applicable Trademark. Any modification or use of such materials or Trademarks from any of the Site(s) for any purpose not explicitly permitted in writing by supra footwear,Inc is strictly prohibited and is a violation of these Terms. supra footwear,Inc will enforce its Trademark rights to the fullest extent of the law.

USER INFORMATION.

In the course of Your use of the Site(s), You may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that You are solely responsible for the accuracy and content of User Information, and You agree to keep it up to date.

UNSOLICITED MATERIALS.

Unless specifically requested, We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material from You through the Site(s), by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, comments, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the supra footwear,Inc Privacy Policy. By submitting or sending Submitted Materials to us, You: (i) represent and warrant that the Submitted Materials are original to You, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that You provide to us, and We may delete or destroy any such Submitted Material at any time.

USER CONDUCT.

You are responsible for Your use of the Site(s), and for any use of the Site(s) and its/their content made using Your account. You warrant and agree that You shall not: (a) use the Site(s) for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; impersonate any person or entity or misrepresent Your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site(s) for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site(s).

When You use any of the Site(s), You may not: (i) violate any law or regulation; (ii) violate or infringe any party's intellectual property, privacy, publicity, or other legal rights; (iii) make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact; (iv) use or attempt to use any "deep link, "scraper, robot, "bot, "spider, "data mining, "computer code or any other automatic means of obtaining lists of products, prices, users or any other information from or through the Site(s) or the services offered on or through the Site(s), including without limitation any information residing on any server or database connected to the Site(s) or the services offered on or through the Site(s), (although supra footwear,Inc may allow operators of public search engines to use spiders to index materials from the Site(s) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and supra footwear,Inc reserves the right to revoke these exceptions either generally or in specific cases); (v) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (vi) use the Site(s) or the services made available on or through the Site(s) in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site(s) or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (vii) violate the security of the Site(s) or attempt to gain unauthorized access to the Side, data, materials, information, computer systems or networks connected to any server associated with the Site(s); (viii) interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site(s), any activities conducted on or through the Site(s) or any servers or networks connected to the Site(s), including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site(s); (ix) send unsolicited or unauthorized advertising or commercial communications, such as spam; or (x) stalk, harass, or harm another individual. You further agree that You may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site(s) or the Site(s)'s services, or any content thereof, or make unauthorized use thereof. You agree that You will comply with and respect all robots.txt files. You agree that You will not use the Site(s) in any manner that could damage, disable, overburden, or impair the Site(s) or interfere with any other party's use and enjoyment of the Site(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site(s).

You agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site(s) or any service offered on or through the Site(s), any materials which (i) restrict or inhibit any other user from using and enjoying the Site(s) or the Site(s)'s services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, spyware, or other harmful component or malicious or unsolicited software; (vi) contain advertising, chain letters or pyramid schemes of any kind; or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of Your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site(s) or supra footwear,Inc. supra footwear,Inc is not responsible for any materials posted to this Site(s) by any third parties. However, supra footwear,Inc reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in supra footwear,Inc's sole discretion are objectionable or in violation of these Terms, supra footwear,Inc's policies or applicable law.

You agree not to link from any other Website to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is not viewable in its entirety in a user interface, "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your Website at any time upon written notice to You.

USER GENERATED CONTENT.

As between You and supra footwear,Inc, You own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "User Content") that You may submit, transmit, upload, post, e-mail, or otherwise make available on or through any of the Site(s).

By providing supra footwear,Inc and/or the Site(s) with User Content, You hereby grant to supra footwear,Inc and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty free, transferable, sub-licensable, license and permission to use, copy, display and perform Your User Content in connection with the Site(s). You acknowledge and agree that You have no expectation of compensation or confidentiality of any nature with respect to any User Content. supra footwear,Inc reserves the right to display advertisements in connection with Your User Content and to use Your User Content to advertise and promote Your User Content, the Site(s), and supra footwear,Inc and its products. supra footwear,Inc reserves the right to modify User Content in its sole and absolute discretion. supra footwear,Inc is not required to host, display, or distribute any User Content, and may remove any User Content from the Site(s) at any time and for any reason or no reason.

You represent and warrant that: (a) You own all rights in Your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in Your User Content) or, alternatively, You have acquired all necessary rights in Your User Content to enable You to grant to supra footwear,Inc the rights in Your User Content described herein; (b) You have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Content; (c) You are the individual pictured or heard in Your User Content, or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in Your User Content to enable You to grant the rights to supra footwear,Inc described herein; (d) You will make such permissions available to supra footwear,Inc upon request; (e) Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) Your User Content complies with these Terms of Use. You agree to keep all records necessary to establish that Your User Content does not violate any of the foregoing representations and warranties and to make such records available to supra footwear,Inc upon supra footwear,Inc's request.

You further agree that supra footwear,Inc and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, that You may send to supra footwear,Inc. or its affiliates. You acknowledge and agree that (i) You have no expectation of compensation or confidentiality of any nature, and that supra footwear,Inc has no duties to You, with respect to such Feedback, and (ii) supra footwear,Inc. has the right (but not the obligation) to use such Feedback for any purpose without notice to You and without paying any compensation to You.

supra footwear,Inc reserves the right, but does not have an obligation, to monitor and/or review User Content. supra footwear,Inc does not endorse or control the User Content transmitted or posted on the Site(s) and therefore, supra footwear,Inc is not responsible for User Content and supra footwear,Inc does not guarantee the accuracy, integrity, or quality of User Content, which may not necessarily reflect the views of supra footwear,Inc. You understand that by using the Site(s), You may be exposed to User Content that is offensive, indecent, or objectionable to You. Under no circumstances will supra footwear,Inc be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of any User Content submitted, transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site(s). supra footwear,Inc has no control over User Content once it leaves the Site(s), and it is possible that others may duplicate User Content on other sites on the Internet.

You acknowledge that supra footwear,Inc has the right – though not the obligation – in Our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and You waive any rights You have in having the material altered or changed in a manner not agreeable to You. Without limiting the generality of the foregoing or any other provision of these Terms of Use, supra footwear,Inc has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable, and it reserves the right to refuse service and/or terminate access without prior notice for any user who violates these Terms of Use or infringes the rights of others.

You agree that if You include a link from any other Web site to www.marcjacobs.com or to any of the Site(s), such link shall open in a new browser window. You agree not to link from any other Web site to supra.us.com or to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your Web site at any time upon written notice to You.

Unless specifically requested, We do not solicit nor do We wish to receive any confidential, secret, or proprietary information, or other material from You through the Site(s), by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to Us will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the supra footwear,Inc Privacy Policy.

supra footwear,Inc reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in supra footwear,Inc's sole discretion are objectionable or in violation of these Terms of Use, supra footwear,Inc's policies or applicable law.

INDEMNIFICATION.

You agree to defend, indemnify and hold supra footwear,Inc and its directors, officers, members, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Site(s), Your placement or transmission of any message, content, information, software, or other User Content or Feedback through the Site(s), or Your breach or violation of the law or of these Terms of Use. supra footwear,Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with supra footwear,Inc's defense of such claim.

THIRD PARTY WEB SITES.

supra footwear,Inc is not responsible for third party websites that link to or from any of the Site(s). supra footwear,Inc disclaims all responsibility for any viruses or malicious code that may appear on any third party websites, and for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site. Any reliance on the contents of a third party web site is done at Your own risk and You assume all responsibilities and consequences resulting form such reliance. supra footwear,Inc shall not be held liable or responsible for the content of any sites that link to or from any of the Site(s).

PRODUCT INFORMATION AND ORDERS FOR PRODUCTS.

Many Products displayed on the Site are available inOur stores. In some cases products available on the Site(s) are not available in stores, or vice versa. Similarly, prices for a product may vary between the Site(s) and stores or between geographies. The prices displayed on the Site(s) are quoted in U.S. Dollars and are valid and effective only in the U.S.

You may only order products if, and You hereby represent and warrant that, You are domiciled in the United States and You are 18 years old or older. You agree to pay in full the prices for any purchases You make either by credit/debit card concurrent with Your online order or by other payment means acceptable to supra footwear,Inc. You agree to pay all applicable taxes. If payment is not received by Us from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by Us. You agree that You are not permitted to resell any products purchased through any of the Site(s) for commercial purposes.

INACCURACY DISCLAIMER.

From time to time there may be information on Our Site(s) that contains typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. supra footwear,Inc reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after You have submitted Your order).

SHIPPING AND PROCESSING FEES.

Our shipping and processing charges are intended to compensate Our company for the cost of processing Your order, handling and packaging the products You purchase, delivering them to You.

DISCLAIMER OF WARRANTIES.

THE SITE(S), INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE(S) OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE(S) WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NEITHER supra footwear,Inc NOR LVMH ASSUMES ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE(S) OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE(S). IF YOU ARE DISSATISFIED WITH THE SITE(S), YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE(S).

WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE(S), NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE(S).

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, NONE OF supra footwear,Inc, LVMH OR THEIR RESPECTIVE AFFILIATES, SUPPLIERS AND LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE(S), AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE(S) OR IN CORRESPONDENCE WITH supra footwear,Inc OR ITS AGENTS.

LIMITATION OF LIABILITY.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL supra footwear,Inc, LVMH, ANY MEMBER OF THE LVMH FAMILY, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE(S) OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE(S), LOST BUSINESS OR LOST SALES, PROFITS, OR GOOD WILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY OF THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE(S).

These Terms constitute the entire agreement between the parties relating to the Site(s) and supersede any and all other agreements, oral or in writing, with respect to the Site(s). These Terms are personal to You, and You may not assign Your rights or obligations to anyone.

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