PRIVACY POLICY INTRODUCTION

PRIVACY POLICY

Last updated on: sep 13, 2020

PRIVACY POLICY INTRODUCTION

The Finish Line, Inc. d/b/a Finish Line and MALLSHOES Sports (referred to as “MALLSHOES Finish Line” in this Privacy Policy) operates the retail brands of Finish Line and MALLSHOES Sports or MALLSHOES (“Brands”) in the HK. and certain HK. Territories. We take seriously the trust you place in us when you choose to do business with us. This Privacy Policy describes the information we collect about you. Our Privacy Policy applies to information related to you that may be collected by or for us:

in our Finish Line and MALLSHOES Sports retail stores (“Retail Stores”) and Finish Line shops located in Macy’s stores (“Shops”) (collectively, “Stores”);
online at finishline.com and mallshoessports.com and at our blogs at blog.finishline.com and blog.mallshoessports.com (collectively, “Site”);
when you purchase athletic footwear offered by Finish Line through macys.com;
through our Finish Line and MALLSHOES Sports mobile application(s) (“App”);
in connection with our MALLSHOES Finish Line brand loyalty membership program known as STATUS (“LoyaltyProgram”);
for our sweepstakes, contests and surveys;
through our registration and event services;
by Store associates (“StoreAssociates”), MALLSHOES Sports Customer Care representatives and Finish Line Customer Care representatives; and
by and through emails, social media or other digital platforms, including our digital ads which may be delivered on third-party websites (collectively, “InternetMarketingPlatforms”).

(collectively, “Services”).

Our Privacy Policy describes:

the categories of Personal Information we and our Providers collect;
how we collect, use and secure this information;
when we share this information with third parties, including relevant Providers;
the purposes for which your Personal Information may be used; and
choices you can make and rights you have about how we collect and use certain information.

We strive to ad. to the Self-Regulatory Principles of the Digital Advertising Alliance, which establishes and enforces responsible privacy practices for digital advertising. As such, our Privacy Policy also includes our Interest-Based Ads Policy.

In our Privacy Policy, “MALLSHOES Finish Line”, “we” and “our” mean MALLSHOES Finish Line and its subsidiaries and affiliates, and “you” means any person who accesses and uses our Services.

We engage other companies to assist us in collecting and using information related to you as described in this Privacy Policy (“Providers”). W. we describe our collection and use practices in this Privacy Policy, our Providers may be engaged in the same or similar collection and use practices on our behalf.

By accessing or using any of our Services, you consent to the collection, use and disclosure of your information, including any information previously collected by and for us, as described in this Privacy Policy.

If you would prefer to make your purchase by telephone rather than in our Stores, on our Site or on our App), please contact our MALLSHOES Sports Customer Care Team or our Finish Line Customer Care Team and a Customer Care representative will be happy to assist you.

If you have any questions about this Privacy Policy, please contact us.

 

PERSONAL INFORMATION WE COLLECT
Personal Information

We collect various types of information about and related to you. In general, we may collect and store “Personal Information” directly (for example, when you create a customer account) or indirectly (for example, when you visit our Site) from you.

Personal Information is information that reveals your specific identity or directly relates to you as an individual. Personal Information we collect may include your name, postal address, email address, phone number, IP address, credit and debit card information (and related payment information), account username and password.

Automatically Collected Information

When you use certain Services, we use cookies, web beacons, pixel tags, social media widgets and other automated information collection and tracking technologies to collect and store certain types of Personal Information (“Automatically Collected Information”).

Automatically Collected Information includes information such as:

Technical information, like your IP (internet protocol) address, the type of browser, device or hardware you are using, including device model, operating system version, unique device identifiers and mobile network information.
Your interactions with certain Services, like how you use our Site, App and Internet Marketing Platforms, including the time you spend on these Services, the way you navigate through these Services and search terms you enter when using these Services.
Your interactions with the ads we serve, including through your interaction with our content presented on a third-party website or mobile application.
Your geo-location, including the precise location of your device.

To learn about the types of Personal Information we collect using cookies and other automated information collection and tracking technologies for interest-based advertising purposes, please . . to review our Interest-Based Ads Policy.

HOW WE COLLECT YOUR INFORMATION

We collect Personal Information related to you:

from youwhen you provide such information to us.
through technology-enabled collection and tracking servicesthat allow us to automatically collect certain information when you use our Site or App or interact with our emails, social media or advertisements on our Site, our App or other websites.
from our in-Store serviceswhen you visit our Stores.
from other sources, including Providers who perform a business, professional or technical support functions for us.
Information You Provide Us

We receive and collect Personal Information from you when you use our Services, such as in the following circumstances:

When you create a customer account on our Site or App, we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name;
personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80  seq.) such as your name, alias, telephone number or home address;
commercial information such as your purchasing habits and histories;
internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site or App;
geolocation data such as your physical location or movements; or
inferences drawn from other Personal Information to reflect your preferences, characteristics, trends or aptitudes.
When you create a Loyalty Program account, we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name; or
personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80  seq.) such as your name, alias, telephone number or home address;
When you place an order with us (by phone, online at our Site, on our App and in-Store, including through our “We’ve Got It” program and, w. available, our Store Kiosks), we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name;
personal information categories listed in the California Customer Records statute such as your name, alias, telephone number, home address or credit card number;
commercial information such as your purchasing habits and histories;
internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site, App, Store Beacons or Store Kiosks;
geolocation data such as your physical location or movements;
inferences drawn from other Personal Information to reflect your preferences, characteristics, trends or aptitudes; or
sensory data such as audio, electronic, or visual information.
When you submit content you create on our Site, on our App and through our Internet Marketing Platforms, such as by liking a product or posting a product review on our Site (“User Contribution”), we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name;
personal information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address;
commercial information such as your purchasing habits and histories;
internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site or App;
geolocation data such as your physical location or movements; or
inferences drawn from other Personal Information to reflect your preferences, characteristics, trends or aptitudes.
When you participate in customer research and surveys, we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name; or
personal information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
When you participate in sweepstakes or promotions we offer, we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name; or
personal information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
When you subscribe for communications from us, such as promotional emails, we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name; or
personal information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
When you contact us through any method, including by phone, email, web chat and fax, we may collect:
identifiers such as your postal address, online identifier, IP address, email address or account name; or
internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site or App;
personal information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
When you use a third party website or mobile application (such as a social media platform) in connection with our Services, we may collect:
personal information categories listed in the California Customer Records statute such as your name, telephone number or home address.
internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site or App;
identifiers such as your postal address, online identifier, IP address, email address or account name; or

Please note, when you use a third party website or mobile application in connection with our Services, you may be further subject to such third party’s terms of use, privacy policy and/or other applicable terms and conditions. For example, . . to see our disclosures concerning Macy’s collection of Personal Information when you shop with Finish Line in Macy’s stores or on macy’s.com.

Information from Technology-Enabled Collection Services

We receive Automatically Collected Information about you when you use our Services w. automated information collection and tracking technologies have been employed by us or by our Providers, such as:

when you interact with our Site or App on any device.
when you interact with our Store Kiosks.
when you interact with our Internet Marketing Platforms, including email advertisements or digital ads delivered on a third-party website.
when you install our App and enable certain features such as location-based features.
when you interact directly with our Providers or with other websites, mobile applications or companies that these providers also work with.

Automatically Collected Information may be collected over time. Automated information collection and tracking technologies that we primarily use in association with our Site, App and Internet Marketing Platforms include cookies, web beacons, locally stored identifiers and certain social media tools, like social media widgets. We may use other technologies that are similar to, or serve similar purposes, as these technologies.

Cookies and Similar Technologies. Cookies are small data files that are stored on your hard drive or in connection with your browser. Cookies, and other similar technologies, allow our Site and App to identify you and to remember things like your preferences for browsing the Site or App.

We use session cookies and persistent cookies. Session cookies exist only for as long as your browser remains open. We use session cookies, for example, to manage items added to your shopping bag. We use persistent cookies to give you a more personalized shopping experience and help you navigate our Site and App more efficiently. Persistent cookies do not go away when you exit your browser. Persistent cookies are stored until they expire or until you delete the cookie. You may not be able to delete some persistent cookies, even through your browser option tools.
We use functional cookies and analytical cookies. Functional cookies recognize you as you return to our Site or App and enable us to store information about your preferences. Functional cookies include, for example, cookies that allow you to log-in, save favorite products or store products in a shopping cart. Functional cookies must be enabled on the Site and App to function and for you to use these Services.Analytical cookies analyze how you interact with our Site, App and Internet Marketing Platforms. Analytical cookies also may be used to analyze how you interact with other websites and mobile applications.
We use first-party cookies and third-party cookies.First-party cookies are set by us on our Site and App and can only be used to capture information about your use of the Site or App. Third-party cookies may be set by our Providers on our Site or App. For example, we may hire an analytics company that sets its own cookie to our Site to perform web performance analytics services for us. Third-party cookies may also be set up by our Providers on content we deliver on other websites or mobile applications. These cookies may have the capability of tracking your interaction with and across different websites and mobile applications.

Web Beacons or Tags. Web beacons (also known as pixel tags, tracking pixels or clear GIFs) are small image files embedded on our Site, App and Internet Marketing Platforms (such as promotional emails). Web beacons are used to monitor your interactions with these Services. Web beacons may also be used to measure the effectiveness of these Services and for security and fraud prevention services. Web beacons may be used together with cookies.

Social Media Widgets. Our Site and App may include social media tools, including social media widgets, to connect you to your social media accounts. These features may set a cookie or use other automatic collection and tracking technologies to collect information about you and your use of the social media features through and in connection with our Services. These social media tools may be hosted by a third party. Your interactions with these tools and the corresponding social media platforms are governed by the privacy policies of the companies that provide such platforms.

Hardware IDs. Hardware IDs are unique identification numbers or character strings associated with a specific device. Hardware IDs are permanently associated with a device. Hardware IDs may be used to track use of a device, such as by tracking use of mobile application(s) installed on such device.

App-Specific Storage. User data and information may be stored locally by our App. In general, mobile applications do not provide tools for an average end user to manage its contents.

To learn about how we use cookies and other automated information collection and tracking technologies to collect Personal Information for interest-based advertising purposes, please . . to review our Interest-Based Ads Policy.

Information from In-Store Services

We may receive certain Personal Information about you when you visit our Stores. Personal Information may be collected at the point-of-sale or through in-store mobile devices, such as tablets used by our Sales Associates. Other Personal Information may be collected in our Retail Stores through our Wi-Fi services, Store Beacons, video cameras and by our employees.

Wi-Fi Services. Our Retail Stores may offer free Wi-Fi services to visitors. If you connect to such in-store Wi-Fi service, we may receive information about you and your device, including your device’s MAC address, IP address, received signal strength indicator and technical details about the device such as its operating system and device type (including make and model) and technical capabilities. We may also receive information about how you use our Wi-Fi network while you are connected, including the store location, the names and/or Internet addresses of the websites you visit and the mobile applications you use and how long you interact with such websites or applications. We may collect this information each time you connect to a Retail Store’s Wi-Fi service. If your device is configured to search for available Wi-Fi networks, we may receive information about your device even if you choose not to connect to our Wi-Fi service.

Store Beacons. We may use beacons in our Stores (“Store Beacons”). Store Beacons are small devices that we use to enhance and make your in-store experience more interactive. Store Beacons broadcast a Bluetooth signal that can be received by Bluetooth-enabled devices, such as a mobile device, when those devices are within certain geographic distance or proximity to a Store Beacon. In-app permissions, such as permission to access location and accept push notifications, must be enabled for a Store Beacon to interact with a specific Bluetooth-enabled device. Store Beacon preferences are managed through your device (including through Bluetooth, location and push notification settings).

Store Kiosks. We may offer store kiosks in Retail Stores (“Store Kiosks”). Customers may browse for products on Store Kiosks and place orders through Store Kiosks. We may receive Automatically Collected Information when our customers interact with and place orders on our Store Kiosks. We use this information to help us understand how our customers use our Store Kiosks and to improve our customers’ shopping experience. Please note, on our Store Kiosks, a user may not be able to adjust browser settings that typically allow a user to manage cookies.

Snap Your Style. MALLSHOES Finish Line employees or representatives may approach trendy customers and ask if their photo can be taken for our internal, quarterly trend reports. We will not use photos taken for any public facing or commercial purposes and will retain photos for only as long as reasonably necessary for our internal evaluation purposes.

Video Cameras. We use cameras in our Stores for security purposes, to protect our assets and to measure customer traffic patterns. Cameras may capture your demographic information, such as age and gender, when you visit our Stores.

Information from Others

We may receive Personal Information about you from third-party sources, such as:

Our business partners, including online advertising networks and companies that may we engage to host or co-sponsor our promotions.

Social media platforms, including Facebook, Twitter, YouTube, Pinterest and Instagram (subject to your registration and privacy settings for such social media platforms).

Providers, including:

carriers, concerning your shipping information.
service providers who help us update, enhance, improve and/or analyze our records and data, including Personal Information records.
service providers who perform marketing and research services for us.
service providers who help us detect fraud or theft.
service providers who provide us feedback about the performance and effectiveness of our Site, App and Internet Marketing Platforms.
service providers who provide legally obtained information to supplement what we already know about you.
HOW WE USE PERSONAL INFORMATION

We may use Personal Information we collect for the following purposes:

To provide you our products and services
To communicate with you
For marketing, promotions and advertising (including interest-based advertising)
For our internal operations
For fraud prevention, security and legal compliance

Examples of how we use Personal Information for these purposes are listed below. Please note that we may use information that does not specifically identify you or your device(s) without restriction.

To Provide You our Products and Services
Establish and service your customer account on our Site and App
Fulfill and manage purchases, orders, payments and returns or exchanges of products and/or services we offer and communicate with you about these transactions
Administer our Loyalty Program
Enable certain functionalities on our Site and App (for example, shopping carts)
Customize content you see on our Site and App based on your preferences
Provide customer service
Allow you to use our in-store and digital technologies
To Communicate with You
Communicate with you regarding your transactions with us, including purchases, orders, payments and returns or exchanges
Communicate with you regarding your Loyalty Program membership, including benefits you earn under the Loyalty Program
Respond to requests for information about our products and services in our Stores, on our Site or App or to otherwise serve you
Communicate with you regarding our Brands
Connect with you to deliver customer service through our Customer Care center or on social media or Internet chat platforms
For Marketing, Promotions and Advertising (including Interest-Based Advertising)
Personalize, optimize and improve your experiences with our Brands through our Services, such as by identifying your product and shopping preferences
Deliver coupons, in-Store receipt messages, emails, App messages (including push notifications) and social media notifications
Provide interactive features of the Site, App and Internet Marketing Platforms, such as product reviews
Send communications and other information regarding our Brands’ products, services and promotions that we believe may be of interest to you
Administer surveys, sweepstakes, contests, promotions and focus groups
Organize local community events, promotions and in-Store experiences
Provide personalized communications and services across all channels and platforms and all of our Brands, including by personalizing our advertising, marketing communications, shopping experiences and promotional offers

We participate in interest-based advertising, which is also known as online behavioral advertising. We work with advertising companies and networks to display ads through other websites or mobile applications. These ads are tailored to your individual interests based on how you use our Services, including how you browse and shop on our Site and App.

Please . . to review our Interest-Based Ads Policy.

For our Internal Operations
Analyze the performance and effectiveness of our Services, including by analyzing visitor interaction with our Site and App
Measure the performance of our different marketing efforts
Develop new services to enhance the customer experience with our Services
Maintain, enhance and improve our programs, accounts and records, including your Personal Information records
Conduct research and analytics related to our operations
Perform logistics and other operation and business activities
Pursuant to merger, acquisition, reorganization or sale of assets (your Personal Information may be among assets sold or transferred as part of a business transaction)
For Fraud Prevention, Security and Legal Compliance
Prevent, detect, mitigate and investigate fraud, security breaches and activities that are or potentially may be prohibited or illegal
Protect the security and integrity of our Services and data relating to such Services, including your Personal Information
As we believe to be required or appropriate to protect the rights, property, safety and security of MALLSHOES Finish Line and our employees, customers and others
Assist law enforcement and respond to legal and/or regulatory inquiries
As we believe to be required or appropriate under applicable law
HOW WE SHARE YOUR PERSONAL INFORMATION

A Brand may share your Personal Information it collects with our other Brands. Use of any Personal Information shared among our Brands by our Brands is subject to our Privacy Policy.

Except as outlined below, we do not share your Personal Information with third parties for their marketing or advertising purposes (except that we may share your Personal Information with our affiliates, including any parent or subsidiary entity, for such purposes).

Sharing with Third Parties

We may share your Personal Information we collect with third parties for other purposes, such as in the following ways:

With our Providers. To companies who perform a business, professional or technical support function for us, including services for improving our products and services and our delivery of products and services to you. Such services include, for example, mobile marketing services, analytics, call center/chat services, payment processing, data enhancement, fraud prevention and shipping services.
With social media platforms, such as Facebook, Twitter, YouTube, Pinterest and Instagram, through social media widgets and other tools used in connection with our Site and App, which may be deployed by our Providers (for example, tools for you to share content on our Site or App with your friends and followers on social media).
To comply with the law. To comply with applicable law or reasonable requests for information based on governmental regulation, court order, subpoena or a similar related action.
To protect ourselves. To enforce our policies and agreements, to protect our or others’ rights, property or safety, to prevent or mitigate the risk of harm or loss, in connection with an investigation of suspected or actual unlawful activity or in connection with any legal action, claim or dispute.
With successors to all or part of our business. In the event of a corporate sale, merger, reorganization, change in corporate control, acquisition, bankruptcy or similar event.
At your direction. At your direction or request or when you otherwise consent. For example, when you post a product review on our Site, the post may include Personal Information and it may be made public in the product review section of the Site.
Disclosures of Personal Information

Over the past year, we have disclosed the following categories of Personal Information for a business purpose, namely, among our Brands for the purposes described in this Privacy Policy and to partners and vendors who perform business, professional and/or technical support functions for us:

identifiers such as your postal address, online identifier, IP address, email address, or account name;
personal information categories listed in the California Customer Records statute such as your name, telephone number or home address;
commercial information such as your purchasing habits and histories;
internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site or App;
geolocation data such as your physical location or movements; and
inferences drawn from other Personal Information to reflect your preferences, characteristics, trends or aptitudes.
LIMITING OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION

We strive to offer you choices about how we collect and use Personal Information relating to you. Please be aware that disallowing certain data collection may limit the usefulness of our Services, including our Site and App and across our Brands. Your choices include the following:

Postal Mail, Text Messages and Emails

From time to time, we may communicate with you for promotional purposes through postal mail, emails and text messages. Even if you opt-out of receiving marketing or promotional communications from us, we may still contact you to respond to an inquiry and for transactional purposes (for example, sales confirmations, order fulfillment or shipping notifications).

Postal Mail. To opt-out of receiving catalogs, coupons and other promotional postal mail, you may contact our MALLSHOES Sports Customer Care Team and our Finish Line Customer Care Team. A Customer Care representative will be happy to assist you. Please allow a reasonable period of time for your request to be removed from our promotional mailing contact list to be made effective.

Emails (Opt-In). You will have the option to opt-in to receiving promotional emails from us (which may include emails from the Brands). You can opt-in to receiving promotional emails on mallshoessports.com and finishline.com through your “Profile” under “My Account”.

Emails (Opt-Out). To opt-out of receiving promotional emails from us and to unsubscribe from future promotional emails, you may use the “Unsubscribe Link” included within a promotional email from us to you or change your preferences in your “Profile” under “My Account” which you can access on mallshoessports.com and finishline.com. Please allow a reasonable period of time for your request to be removed from our email contact list to be made effective.

Text Messages. To opt-out of receiving promotional text messages from us, follow the opt-out instructions provided in our text message. You will no longer receive text messages from the applicable text list, but you may receive text messages if you are subscribed to other text lists and have not unsubscribed from those lists. Message and data rates may apply. Please allow a reasonable period of time for your request to be removed from our text contact list to be made effective.

Loyalty Program.

To opt-out of receiving communications and notifications concerning your Loyalty Program account and benefits, you will need to cancel your membership. . . for more information on how to cancel your membership.

Mobile Device and Our App

Geo-Location. With your consent, our App may collect information about your mobile device and your use of the mobile device and App through geo-location, including precise location information. In general, mobile apps can collect location information using GPS, cell-tower proximity, WiFi hotspot locations, bluetooth beacons and IP addresses. We may engage Providers to collect such geo-location information, including precise location information, for the purposes described in this Privacy Policy, including for interest-based advertising. To prevent your mobile device from sharing your geo-location, including your precise location information, you can choose not to allow access to your location when you download the App or, at any time, you may adjust the location permissions on your mobile device. Steps for adjusting location permissions may vary by device model and operating systems. You can stop all further collection.

Push Notifications. To opt-out of receiving push notifications from us, you may adjust the permissions on your mobile device. Steps for adjusting push notification permissions may vary by device model and operating systems. You can stop all further collection.

In-App Notifications. App users may receive in-App notifications or “local notifications” generated by an external device trigger. To stop receiving in-App notifications or “local notifications”, you will need to uninstall the App. You can stop all further collection .

In-Store Technology. To opt-out of collection of information obtained via Wi-Fi, Bluetooth or other similar technologies used in our Retail Stores (like our Store Beacons), disable the applicable technology on your mobile device before you enter or while you are in our Retail Stores. To disable third party tracking while in our Retail Stores, log out of your third party accounts or disable location services when visiting our Retail Stores. You can stop all further collection .

Social Media Platforms

To understand what choices you have about sharing your information when using social media platforms and networks in connection with certain Services, we encourage you to review your privacy options and settings with the corresponding social media platforms and networks.

User Contributions

You may delete your User Contributions from our Site, App and Internet Marketing Platforms, but copies of your User Contributions may remain viewable in cached and archived pages or may have been copied or stored by other users of our Site, App and Internet Marketing Platforms.

Analytics

We work with the following Providers who use tracking technologies to provide services that analyze information regarding visits to our Site and App. The information generated by these providers are subject to their privacy policies. However, instructions for opting out of such tracking are provided by each of our Providers:

Google Analytics

Interest-Based Advertising

You have the ability to control the use of cookies and other automated information collection and tracking technologies used for interest-based advertising purposes by “opting out” of being tracked by such technologies.

Please note:

If you set your device to disable all cookies, certain Services cannot be provided to you and you may not be able to take full advantage of all of the features we offer on our Site and App.
Opting out of tracking on one device, browser or app applies to that specific device, browser or app. To opt out of tracking on other devices, browsers or apps, you must opt out from those other devices, browsers or apps specifically.
If you delete your cookies or upgrade your browser after having opted out of certain tracking, you may need to opt out again.
If you opt-out of tracking by technologies used for interest-based advertising purposes, you will not have opted out of all advertising. You may still see our content, including advertisements, but they will not be tailored specifically to you based on information collected through these tracking technologies.
Some automated information collection and tracking technologies are necessary and vital to ensuring that we can fulfill your transactions with us and to maintain the security, safety and integrity of our Sites and Services. These technologies may still be enabled on our Site and App even if you opt-out of tracking by similar technologies used for interest-based advertising purposes.

If you want to opt out of tracking by all of our Providers’ automated information collection and tracking technologies used for interest-based advertising purposes, you should take each of the steps below.

Manage Cookies on Browsers. Most browsers are initially set up to accept cookies. Your browser settings or other resources may provide instructions on browser functionalities that allow you to manage cookies (for example, instructions on how to set up your device to limit the kinds of cookies that can be placed on your device, to notify you when a cookie is issued or to not receive cookies at any time). Certain options available to you are browser and device specific. Please note:

If you reject or block cookies, not all of the tracking described in this Privacy Policy will stop. Some additional action may be required to opt-out of such tracking.
If you opt-out of automated information collection and tracking technologies used for interest based advertising purposes, disabling all or some cookies through your browsers or updating your browser afteryou opted-out may override your opt-out election. Should this occur, you will need to opt-out again. . . for additional information regarding this opt-out option.

Tracking Technologies for Interest Based Advertising. We work with Providers who use their own automated information collection and tracking technologies on our Site, App and Internet Marketing Platforms, including our content delivered on other websites or mobile applications. These companies may collect information about your activity on our Site and App, your interactions with our advertising and other communications and your interactions with other websites or mobile applications. These companies may use this information to determine which ads you see on third-party websites and mobile applications. These technologies and the information collected about you may also be used to track your activity across multiple devices. If you do not wish to have this information used for the purpose of serving you interest-based advertisements:

Some of our Providers participate in self-regulatory programs for interest-based advertising through the Network Advertising Initiative(NAI) and/or the Digital Advertising Alliance (DAA). Each of these programs provides an opt-out feature w. you can choose not to receive targeted advertising from any NAI member or DAA participant.
To opt-out of tracking by our Providers who are NAI members, please . ..
To opt-out of tracking by our Providers who are DAA participants, please . ..
For the MALLSHOES SportsBrand: Please . . to opt-out of our other Providers’ automated information collection and tracking technologies. To enable such technologies after opting-out, you may . .. Once you . on these links, you should receive a message confirming the activation of your opt-out or opt-in choice.  If you do not receive this message, please contact us.
For the Finish LineBrand: Please . . to opt-out of our other Providers’ automated information collection and tracking technologies. To enable such technologies after opting-out, you may . .. Once you . on these links, you should receive a message confirming the activation of your opt-out or opt-in choice. If you do not receive this message, please contact us.

To learn about your choices on our use of your Personal Information for interest-based advertising purposes, please . . to review our Interest-Based Ads Policy.

Mobile Tracking Technologies for Interest Based Advertising. Most modern mobile operating systems provide mobile advertising identifiers for mobile devices. These identifiers are commonly used to help enable digital advertising across mobile applications. Your mobile operating system may allow you to limit use of mobile advertising identifiers for interest-based advertising. For more information, please review the instructions provided by your mobile device manufacturer or . . to visit the Network Advertising Initiative’s informational page on advertising choice mechanisms for mobile devices. . . to learn about the Digital Advertising Alliance’s AppChoices app, a tool for opting out of the collection of cross-app data on a mobile device for interest-based advertising by participating service providers. You may download the AppChoices app . for iOS devices and . for Android devices. You can stop all further collection of information by or via our App by uninstalling our App. You may use the standard uninstall process available as part of your mobile device or through the mobile application marketplace or network. If you uninstall our App from your mobile device, a unique identifier we used that was associated with your device may continue to be stored. If you re-install our App on the same mobile device, we may be able to re-associate this unique identifier to your prior transactions and activities.

UPDATING PERSONAL INFORMATION WITH US

If you have registered an account on our Site or on our App, you may access and update certain Personal Information that you have provided us by logging into your account and making such changes. If you update your account or if you request we deactivate your account, we may not delete residual copies from our servers and may not remove information associated with the prior version(s) or deactivated account.

A right to disclosure of the categories of Personal Information collected by MALLSHOES Finish Line
A right to disclosure of the specific pieces of Personal Information collected by MALLSHOES Finish Line
A right to deletion of Personal Information by MALLSHOES Finish Line (subject to certain Exceptions)
A right to receive Personal Information in a format that will allow its transfer to third parties by you
A right to opt-out of the “sale” of Personal Information**
A right to sue for security breaches of Personal Information

**A “sale” under the CCPA means “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.” MALLSHOES Finish Line does not and will not sell your Personal Information.

Access to specific information and data portability rights

You have the right to request that we disclose to you your Personal Information we have collected about you over the past 12 months from the day of your request. Once we receive and confirm your request, we will disclose to you:

The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Our business and commercial purposes for collecting or selling that Personal Information.
The categories of third parties with whom we shared that Personal Information.
The specific pieces of Personal Information we collected about you.
If we “sold” or disclosed your Personal Information for a business purpose, up to two separate lists disclosing:
if we “sold” your Personal Information, “sales”, identifying the Personal Information categories that each category of recipient “purchased”; and
if we disclosed your Personal Information, disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion request rights

You have the right to request that we delete any of Personal Information data that we collected from you and retained, subject to certain Exceptions (as listed below). Once we receive and confirm your request, we will delete your Personal Information from our records unless an Exception applies.

We may deny your deletion request if retaining the information is necessary for us or our Provider(s):

to complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
to debug products to identify and repair errors that impair existing intended functionality;
to exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that ad.s to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
to enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
to comply with a legal obligation; or
to make other internal and lawful uses of that information that are compatible with the context in which you provided it.

(each an “Exception” and collectively, “Exceptions”).

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

deny you goods or services.
charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
provide you a different level or quality of goods or services.
suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may still offer you certain financial incentives that can result in different prices, rates or service quality levels as permitted by the CCPA.

We currently provide such financial incentives:

in connection with our Loyalty Program.
Exercising Access, Data Portability and Deletion Rights

To exercise your rights described above, please submit a request to us by either:

With respect to the MALLSHOES Sports Brand:
Calling our MALLSHOES Customer Care Team
Completing and submitting the Consumer Access Request web-form available .

With respect to Finish Line Brand:
Calling our Finish Line Customer Care Team
Completing and submitting the Consumer Access Request web-form available .

Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

You may only make a request for access or data portability twice within a 12-month period. The request must:

provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Making a request does not require you to create an account with us. Also, we will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request.

Your Authorized Agent

You have the right to designate an authorized agent to make a request under the CCPA on your behalf.

Response Timing and Format

We will confirm that we received your request within ten (10) days and will respond within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response electronically or, at your option, by mail.

Any disclosures we provide will only cover the 12-month period preceding our receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Contact Us

support@mallshoes.co.il

Other California Privacy Rights

Under California’s Shine the Light law, if you are a California resident, you may request and obtain (free of charge) information regarding our disclosure of your Personal Information (as defined by applicable law) to third parties for their direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information shared and the names and addresses of those third parties with which we shared your information in the immediately preceding calendar year. If you would like to make such a request please contact us.

Under California’s Online Eraser Law, if you are a California resident who is under 18 years old and are a registered user of our Site or App, you may request and obtain removal of, content or information that you have posted on our Site or App. A request to remove content or information posted by you does not ensure or require complete or comprehensive removal of such content or information from our databases (for example, content that has been reposted by another user may not be removable). If you would like to make such a request please contact us.

SECURITY PRACTICES

Our Security Practices. We use a variety of administrative, contractual, technical and physical controls and safeguards to help protect your Personal Information from loss and unauthorized access, collection, use, disclosure, copying, modification, destruction or similar risks. However, no control or safeguard can completely guarantee that such information is completely secure. As a matter of policy, we do not disclose details regarding our security measures as this could be beneficial information to criminals and other bad actors.

Your Security Practices. You are also responsible for taking reasonable steps to protect your Personal Information against unauthorized disclosure or use.

We encourage you to take steps to help protect the confidentiality and security of your account and Personal Information, including by doing the following:

Review your MALLSHOES Finish Line account periodically and immediately report any unexpected activity or unrecognized information
Install the latest security updates and antivirus software on your computer to help prevent malware and viruses
Use complex passwords and not using the same password on more than one Site
Password protect your computer and mobile device
Do not share your passwords with others
Sign out/log off Site sessions to close your session

You may come into contact with emails, texts or mobile alerts that look like they originate from us asking for your Personal Information. For your protection, do not respond to such communications or . on links or open any files attached to such suspicious, unsolicited communications. If you receive such a communication, please email   support@mallshoes.co.il

immediately so that we may investigate the suspicious activity.

STORAGE OF PERSONAL INFORMATION AND DATA TRANSFERS

We provide our Services in the HK

OTHER NOTICES AND DISCLOSURES

Third Party Links. If we offer you a link to connect to another website that is not operated by us, it is for your convenience. Third-party websites linked to and from our Site, App and Internet Marketing Platforms are not necessarily under our control and we have no responsibility for the content or privacy practices of any such linked website or service. We recommend you read the privacy policies of those parties to understand how your information is handled, processed or shared. In addition, you may have visited our Site or App through a link or banner advertisement on another website or mobile application. In these cases, the website you linked from may collect information from you if . on the link or banner advertisement. You may want to refer to the privacy policies of the operators of those websites or banner advertisements to understand how your information is handled, processed or shared.

Macy’s. When you shop at Finish Line shops located in Macy’s stores or shop online with Finish Line through , Macy’s may collect your Personal Information and as such, Macy’s Privacy Policy applies. . . for Macy’s Privacy Policy.

Customer Experience Optimization. To optimize your experience as a customer of the Finish Line and MALLSHOES Brands, we may share your Personal Information with the MALLSHOES Brand as we work together with the MALLSHOES Brand to optimize your experience as a MALLSHOES Finish Line customer. For example, we may set up additional loyalty program accounts for you, at no cost to you and from which you can opt-out at any time to optimize your shopping experience with the Brands. Additional terms may apply to any such customer experience optimization offers and initiatives.

Do Not Track Signals. Some browsers offer a “Do Not Track” privacy preference. Generally, when a user turns on the Do Not Track Signal, the browser sends a message to websites requesting them not to track the user. Our Site, App and Internet Marketing Platforms currently do not respond to “Do Not Track” signals. However, you have other options for opting out of tracking for interest-based advertising purposes as described in this Privacy Policy.

Privacy of Children Under 13. You must be 13 years old or older to submit Personal Information to us, including to register an account or place an order on the Site or App. Our Site, App and other Services are intended for a general audience and are not targeted to or intended for use by children. While we sell shoes, apparel and accessories for children, these products are intended to be purchased by adults. We do not knowingly collect Personal Information from persons under the age of 13. If you are a parent or legal guardian and think that your child under the age of 13 has provided us with Personal Information, please contact us so that we can take steps to delete his/her/their Personal Information.

International Customers. We require a HK. billing and shipping address and HK. method of payment for all online orders, but given the global reach of our Site, our Site may be visited by persons outside of the HK. and HK. Territories w. we do business. By using our Services, you consent to your Personal Information collected by us or our Providers to be transferred outside your country of residence to countries or jurisdictions w. we or our affiliates may have business operations or to engage Providers to provide services to us for the purposes described in this Privacy Policy. Such countries may not have the same level of data protection as within your country. If we do make such a transfer, we will use commercially reasonable efforts to ensure your Personal Information is protected.

PRIVACY POLICY UPDATES

From time to time, we may change our Privacy Policy and may apply any changes to Personal Information previously collected, as permitted by law. Please check this Privacy Policy periodically so that you are aware of our current privacy practices. When we make material changes to our privacy policies and practices, we will notify you by posting the updated Privacy Policy on our website with an updated effective date at the start of the Policy. However, when we make material changes to our privacy policies and practices around interest-based advertising, we will obtain your consent before applying such change to your data collected before the change. If you do not provide such consent, data collected before the material change will continue to be governed by the policy in effect at the time the information was collected.

CONTACT US

You may come into contact with emails, texts or mobile alerts that look like they originate from us asking for your Personal Information. For your protection, do not respond to such communications or . on links or open any files attached to such suspicious, unsolicited communications. If you receive such a communication, please email us at support@mallshoes.co.il

immediately so that we may investigate the suspicious activity.

 

 

 

 

 

 

TERMS AND CONDITION NEED UPDATE ON

 

MALLSHOES FINISH LINE TERMS OF USE

Last updated on: SEP 14, 2020

INTRODUCTION

This website is owned and operated by The Finish Line, Inc. d/b/a Finish Line and MALLSHOES Sports (“MALLSHOES Finish Line”). These Terms of Use (these “Terms”) are applicable to all MALLSHOES Finish Line digital operations at or through our websites, our mobile/tablet sites, our mobile applications and all digital and online services we provide (collectively, the “Site”), which you may access and/or use through a personal computer, mobile phone or other wireless device or other Internet enabled device (each a “Device”).

In these Terms, “MALLSHOES Finish Line”, “we” and “our” mean The Finish Line, Inc., an . corporation d/b/a Finish Line and MALLSHOES Sports. Users of the Site may be referred to in these Terms as “you” or “your”. MALLSHOES Finish Line and you together may be referred to in these Terms as the “Parties”.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND MALLSHOES FINISH LINE AND THE TERMS DESCRIBE EACH OF OUR RESPECTIVE RIGHTS AND OBLIGATIONS, INCLUDING IN REGARDS TO: (A) DISPUTE RESOLUTION; (B) CLASS ACTION WAIVER; (C) LIMITATION OF OUR LIABILITY; (D) YOUR INDEMNITY OF US; AND (E) YOUR RELEASE OF US FROM LIABILITY. YOUR ACCESS AND/OR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. DO NOT ACCESS AND/OR USE THE SITE IF YOU DO NOT FULLY ACCEPT THESE TERMS.

BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND ACCEPT OUR PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY, WHICH IS INCORPORATED .IN BY REFERENCE.

If you have any questions about these Terms, please contact us.

TERMS OF USE CONTENTS

. on the following links to go directly to the corresponding sections of these Terms:

APPLICABLE TERMS

OPERATION OF SITE

ACCESS TO SITE; SITE CONTENT; LIMITED LICENSE

USE RESTRICTIONS

USER ACCOUNTS

COPYRIGHT INFRINGEMENT ALLEGATIONS

THIRD PARTY TERMS

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

INDEMNIFICATION

ARBITRATION AGREEMENT; WAIVER OF CLASS ACTION

UNAFFECTED RIGHTS

GOVERNING LAW AND DISPUTES

GENERAL PROVISIONS

CONTACT US

 

 

APPLICABLE TERMS

MALLSHOES Finish Line is pleased to provide access to and/or use of the Site in accordance with these Terms. Please take a moment to carefully read through these Terms. As an initial matter, we want to highlight a topic that is detailed below. We expect that our team will be able to resolve any issues you may have as you enjoy the Site. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTION K OF THESE TERMS TO LEARN MORE.

Effective Date

These Terms are effective as of the date set forth above. These Terms constitute an agreement that is effective unless and until terminated by MALLSHOES Finish Line.

Modifications to Terms

MALLSHOES Finish Line reserves the right to modify these Terms at any time, and such terms will become effective upon thirty (30) days. Any use of the Site after these Terms have been modified shall be deemed acceptance of the Terms then in effect. MALLSHOES Finish Line employees do not have the right to modify these Terms orally or otherwise. You can reject any modified version of the Terms by discontinuing use of the Site. The Terms will survive and remain in full force and effect, and apply to, any event, conduct, transaction or occurrence taking place before any such discontinued use of the Site or related services.

Privacy Policy

Our Privacy Policy applies to your access and/or use of the Site. By accessing and/or using the Site, you consent to the collection, use and disclosure of your personal information, including any information previously collected by and for us, as described in the Privacy Policy. This Site is intended for users in the HK

Additional Terms

These Terms may be supplemented by additional legal notices, rules and/or terms and conditions applicable to other digital services that MALLSHOES Finish Line may provide in its sole discretion, including a mobile app, a customer loyalty program and promotions, contests and sweepstakes (“Additional Terms”), which may be incorporated into these Terms by reference (in which case, these Terms and such incorporated Additional Terms shall collectively constitute these Terms). Your use of any such other services confirms your unconditional acceptance of the applicable Additional Terms and, as the case may be, these Terms. Nothing in such Additional Terms shall nullify, amend or otherwise modify any of the terms in these Terms unless expressly provided in such Additional Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall govern and apply but only with respect to your use of the services to which the Additional Terms specifically apply.

OPERATION OF SITE

MALLSHOES Finish Line controls and operates the Site from its offices based in the United States and MALLSHOES Finish Line makes no representation that the Site is appropriate or available for use outside of the United States or certain HK. Territories. If you use the Site from locations outside of the United States, you are doing so on your own initiative and are responsible for compliance with applicable laws and regulations regarding your access and/or use of the Site. The Site may describe products and/or services that are available only in the United States or in certain HK. Territories. MALLSHOES Finish Line reserves the right to limit the availability of the Site and/or the provision of any Site Content (as defined below), feature, product or service described or made available on the Site to any person, geographic area or jurisdiction at any time and in our sole discretion.

ACCESS TO SITE; SITE CONTENT; LIMITED LICENSE
Information You Provide Us

The Site is general purpose and is not targeted towards children under the age of thirteen (13). By accessing or using the Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are a resident of or located in the United States or a HK. Territory. If you are under the age of eighteen (18) (or age of majority if higher in your place of residence), you should use the Site only with the involvement of a parent or guardian.

Site Content

The Site contains a variety of: (a) materials, features, information and other items relating to MALLSHOES Finish Line and the products and services offered, and manner in which such products and services are offered, by MALLSHOES Finish Line and similar products and services from our partners and licensors and other third parties; (b) trademarks, trade dress, logos, trade names, service marks and/or trade identities of various parties, including those of MALLSHOES Finish Line and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers and certain other third parties; (c) User Generated Content (as defined below); and (d) other forms of intellectual property (collectively, “Site Content”).

MALLSHOES Finish Line takes great care to ensure that Site Content on the Site is up-to-date, accurate and reliable. T. may be occasions when information contained on the Site may be incomplete, erroneous or inaccurate (for example, descriptions of size, price or depicted colors of products offered on the Site). While we try to accurately display the colors of products, the colors you see may vary based on the Device you are using to access and/or use the Site. We may change, remove or in any other way adapt the Site Content at any time and without advance notice, including without limitation availability, specifications, products and prices of products or services. The inclusion of and description of products or services on the Site at a particular time does not imply or warrant that the products or services will be available at any time.

Ownership; Limited License

The Site (including past versions) and the Site Content are owned, controlled or licensed by MALLSHOES Finish Line and/or our parents, subsidiaries, affiliates and/or our respective partners, licensors and service providers and certain other third parties. All right, title and interest in and to the Site Content is the property of MALLSHOES Finish Line and/or our parents, subsidiaries, affiliates and/or our respective partners, licensors and service providers and certain other third parties and is protected by HK. and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Site Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another website or distributed in any way without the prior written consent of MALLSHOES Finish Line. You may not create derivative works from, sell or participate in any sale of, or exploit in any way, any Site Content. However, subject to your compliance with these Terms:

we grant you a personal, non-exclusive, non-transferable, limited right to access and/or use the Site, solely for your personal, non-commercial purposes.
we grant you a personal, non-exclusive, non-transferable, limited right to create a hyperlink to the Site so long as the link does not portray MALLSHOES Finish Line or its products or services in a false, misleading, derogatory or otherwise offensive manner.

Subject to these Terms, these rights do not give you any intellectual property interest in any Site Content (excluding your User Generated Content). When accessing and/or using the Site, you must respect the intellectual property rights and other rights of MALLSHOES Finish Line and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers and other third parties, as the case may be. Your unauthorized use of Site Content may violate intellectual property, unfair competition rights and laws and/or other laws, and/or rights of persons or companies, and any such use may result in your personal liability, including potential criminal liability.

Third Party Links

The Site may contain links to and/or functionality interacting with third party websites that are not owned, operated or controlled by MALLSHOES Finish Line (“Third Party Sites”). Third Party Sites may include sites operated by advertisers, licensors, licensees and other third parties who may have a business relationship with MALLSHOES Finish Line. Such links and/or functionalities are provided for your convenience. If you use such links and/or functionalities, you may leave the Site. MALLSHOES Finish Line does not have any control over the content, materials or other information located on or accessible from Third Party Sites and we do not endorse or assume responsibility or any obligation for any such content, materials or other information. We do not guarantee that these links and/or functionalities will be available or error-free, uninterrupted or free from any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device. We do not guarantee that these links and/or functionalities will meet your requirements. We are not responsible for the availability of these other websites or your access to or use of them. IF YOU DECIDE TO ACCESS ANY THIRD PARTY SITE TO OR FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

User Generated Content

“User Generated Content” or “MALLSHOES” refers to all information, comments, photos, captions, descriptions or other content that you provide to MALLSHOES Finish Line to post and/or post or otherwise transmit yourself to the Site. User Generated Content includes, but is not limited to, profile information, reviews, comments, photos and messages. User Generated Content may be viewable by the public. You are solely responsible for your User Generated Content. Consistent with the license granted below, you acknowledge that MALLSHOES Finish Line may not pre-screen or approve User Generated Content, but that MALLSHOES Finish Line reserves the right to review and monitor User Generated Content on the Site and to edit and/or remove any User Generated Content for any reason.

By submitting User Generated Content, you represent and warrant that:
such MALLSHOES is your original work and has not been copied from others and that you own or otherwise control all of the rights to the MALLSHOES;
you believe, in good faith, that the MALLSHOES is true and accurate;
you understand, acknowledge and agree that your MALLSHOES will be treated by MALLSHOES Finish Line as non-confidential;
your MALLSHOES will not be deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;
your MALLSHOES has not been previously published for commercial purposes;
you have permission to use the name or likeness of any person featured in your MALLSHOES;
your MALLSHOES does not violate any rights of any other person or company (including, but not limited to, copyrights, trademark rights, rights of privacy and publicity);
the publication of your MALLSHOES will not infringe on the rights of any other person or company (including, but not limited to, copyrights and trademark rights);
your MALLSHOES does not and will not violate these Terms and will not cause injury or harm to any person or company; and
you understand, acknowledge and agree that you will not receive any fees or any other consideration for your MALLSHOES or for the rights you grant .in in relation to your MALLSHOES.
By submitting User Generated Content, except as otherwise prohibited by law:
you grant MALLSHOES Finish Line and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers an exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute and display, through the world in any media, any and all such MALLSHOES;
you grant MALLSHOES Finish Line the right to use your name, alias, persona and likeness in connection with your MALLSHOES; and
you waive, and .by agree to waive, any moral rights (including attribution and integrity) that you may have in any MALLSHOES, even if it is altered or changed in a manner that is not agreeable to you.
Your User Generated Content must conform to the following guidelines:
MALLSHOES must be in a format acceptable to the requirements for submission on the Site.
MALLSHOES must not have been generated by automated or like methods of submission.
MALLSHOES must not contain any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device or any user’s access and/or use of the Site.
MALLSHOES should limit disclosure of your personally identifiable information and must not contain any other person’s personally identifiable information.
MALLSHOES must not include anything that is unlawful, obscene, offensive, provocative, sexually explicit, pornographic, violent, discriminatory or otherwise objectionable.
MALLSHOES must not promote alcohol, illegal drugs, tobacco or firearms/weapons (or use of any of the foregoing).
MALLSHOES must not be used to engage in, or advocate for, harassment of, personal attacks on, or gossip or similar actions regarding any other person, group of persons or company.
MALLSHOES must not promote any activities that are unlawful or appear to be unsafe or dangerous.
MALLSHOES must not promote use or maintenance of a product in any manner which is contrary to that stipulated or provided by the product’s manufacturers, distributors or suppliers.
MALLSHOES must not defame, misrepresent or contain disparaging remarks about MALLSHOES Finish Line or its products or services or other persons or companies or their products and/or services.
MALLSHOES should not promote any particular political agenda or message.
MALLSHOES should not communicate messages or images inconsistent with the positive images and/or goodwill to which MALLSHOES Finish Line wishes to associate.
Restricted Access to Site

You or MALLSHOES Finish Line may suspend or terminate your access and/or use of the Site at any time for any reason or no reason. You are solely responsible for any of your activity on the Site prior to any such suspension or termination. The Terms will survive and remain in full force and effect after any such suspension or discontinuation of your access and/or use of the Site.

MALLSHOES Finish Line reserves the right to change, suspend or discontinue any or all aspects of the Site at any time without notice. The Terms will survive and remain in full force and effect after any such change, suspension or discontinuation of any or all aspects of the Site.

Nothing in these Terms constitutes a representation that the Site will be available to you for your access and/or use.

USE RESTRICTIONS
You agree not to:
access and/or use the Site or Site Content in a manner that violates these Terms or any applicable Additional Terms;
access and/or use the Site or Site Content in any way that violates any applicable federal, state, local or international law or regulation;
modify any of the Site Content, other than by submitting User Generated Content in accordance with these Terms;
engage in any conduct that restricts or inhibits any other person’s use of the Site or which, as determined by MALLSHOES Finish Line, may harm MALLSHOES Finish Line or users of the Site or expose them to harm or liability;
create or maintain any link from another website to any page on the Site;
use the Site for any political agenda or purposes;
use the Site for any commercial purposes (including, without limitation, for the purposes of advertising, soliciting funds, collecting product prices and selling products);
impersonate or attempt to impersonate another person when accessing and/or using the Site;
collect any data or information regarding users of the Site and/or their Devices, including usernames, personal information, preferences, email addresses or account information;
use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real time activities through the Site;
reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other products, services or processes accessible through the Site;
test the vulnerability of the Site or any network connected to the Site;
interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or the Site Content;
use any automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site Content;
use any device, software or routine that interferes with the proper working of the Site;
introduce any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or
otherwise engage in any other conduct that is detrimental to the use and enjoyment of the Site.
USER ACCOUNTS

You may create a user account to access and/or use some features on our websites, mobile/tablet sites and/or mobile applications. When you create a user account, you are also registering for membership in MALLSHOES Finish Line’s customer loyalty program and are subject to the STATUS Terms and Conditions.

If you are under the age of thirteen (13), you are not permitted to create a user account or otherwise use the Site or submit any personal information to MALLSHOES Finish Line. If you are otherwise under the age of eighteen (18) (or age of majority if higher in your place of residence), you are not permitted to create a user account or otherwise use the Site or submit any personal information to MALLSHOES Finish Line without the oversight or involvement of a parent or guardian.

When you create a user account, you will need to provide your first name and last name, a valid email address and your birthday and set your own password. Your email address will be your account username. We also ask you for an address and you have the option of designating the address you give as your shipping and/or billing address. You may also be asked regarding certain preferences you may have, but it’s optional for you to respond to these prompts.

When you create a user account, you agree:
you will not use a name, email address or username that impersonates another person or violates the rights of any other person or company, including without limitation intellectual property rights, or is otherwise offensive;
you will provide true, accurate, current and complete information about yourself in connection with the user account creation process and maintain and update your user account continuously and promptly to keep it true, accurate, current and complete;
you are solely responsible for all activities that occur under your account, password and/or username, whether or not you authorized the activity;
you are solely responsible for maintaining the confidentiality of your user account credentials (including your username and password) and for restricting access to such information, your user account and Devices through which you may access your user account (so that other persons may not access any password-protected portion of the Site using your user account credentials);
you will immediately notify us of any suspected or actual unauthorized use of your user account by contacting onlinefraud@mallshoessportsus.com; and
you will not sell, transfer or assign your user account or any user account rights.

When you create a user account, you will need to provide your first name and last name, a valid email address and your birthday and set your own password. Your email address will be your account username. We also ask you for an address and you have the option of designating the address you give as your shipping and/or billing address. You may also be asked regarding certain preferences you may have, but it’s optional for you to respond to these prompts.

To close your user account, please contact our MALLSHOES Customer Care Team or our Finish Line Customer Care Team. If you update your user account or your user account is closed, we may not delete residual copies from our servers and may not remove information associated with prior version(s) or deactivated user account(s).

COPYRIGHT INFRINGEMENT ALLEGATIONS
Copyright Infringement (DMCA Notice)

MALLSHOES Finish Line will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below.

If you believe your copyright-protected work was posted on the Site without authorization, you may submit a copyright infringement notice (“DMCA Notice”) to MALLSHOES Finish Line. Misuse of this process may result in the suspension of your access to the Site or other legal consequences.

A DMCA Notice should contain all of the following information:
a subject line that states: “DMCA Copyright Infringement Notice”;
your name, as the copyright owner, or of the person authorized to act on your behalf;
a description of the copyright-protected work that is claimed to have been used without authorization;
a description of w. the Site Content that is claimed to have been used without authorization is located on the Site (if applicable, provide the URL of the Site link w. the Site Content may be found);
your address, telephone number and email address, as the copyright owner, or of the agent authorized to act on your behalf; and
the statement, “I .by state that I have a good faith belief that the disputed use of copyright materials is not authorized by the copyright owner, its agent or the law (e.g., as a fair use).”; and
the statement, “I .by state that the information in this notice is accurate and, under the penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and
your electronic or physical signature, as the copyright owner, or the electronic or physical signature of the person authorized to act on your behalf.
Copyright Infringement (DMCA Counter-Notice)

MALLSHOES Finish Line will respond appropriately to counter-notices to alleged copyright infringement claims that comply with the DMCA, as set forth below.

If you believe your work, including User Generated Content, was removed or disabled from our Site as a result of a DMCA Notice by mistake or misidentification of the Site Content to be removed or disabled, you may send, as a subscriber, a copyright infringement counter-notice (“DMCA Counter-Notice”) to MALLSHOES Finish Line. Misuse of this process may result in the suspension of your access to the Site or other legal consequences.

A DMCA Counter-Notice should contain the following information:
a subject line that states: “DMCA Counter-Notification”;
your name, as the subscriber, or of the person authorized to act on your behalf;
identification of the Site Content that was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your name, address, telephone number and email address, as the subscriber;
the statement, “I .by consent to the jurisdiction of the United States District Court for the judicial district w. I reside or, if my address is outside of the United States, for any United States District Court in the State of . and I will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.”; and
your electronic or physical signature, as the subscriber, or the electronic or physical signature of the person authorized to act on your behalf.
THIRD PARTY TERMS
Third Party Links

When you access a Third Party Site from the Site, you may be further subject to, and .by agree to comply with as applicable, such third party’s terms of use, privacy policy and/or applicable terms and conditions.

Terms Applicable to Devices

If you are accessing and/or using the Site through a Device, you may be further subject to, and .by agree to comply with as applicable, the additional terms and conditions of the Device manufacturer arising from your access and/or use of such Device.

Service Provider Terms

We may engage other companies to assist us in providing certain services to you (our “Service Providers”). Depending on those services, additional terms and conditions of those Service Providers’ services (“Service Provider Terms”) may apply to your access to and use of the Site or otherwise your access to or use of the Service Providers’ services in connection with your access to and use of the Site, and in such cases, such Service Provider Terms are incorporated .in.

Google Specific Terms
MALLSHOES Finish Line may utilize Invisible reCAPTCHA on the Site to protect against threats and abuse posed by automated software. Your interaction with the Site and, t.by, the Invisible reCAPTCHA service is also subject to the applicable Google Terms of Useand Google Privacy Policy.
MALLSHOES Finish Line may utilize Google Maps APIs so that Google Maps can be used with the Site. User interaction with the Site and, t.by, Google Maps is also subject to the Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy.
DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

YOU AGREE THAT NEITHER MALLSHOES FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE SITE, SITE CONTENT OR INFORMATION ON THE SITE OR ACCESSIBLE FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE, NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS OR PROMISES, EXPRESS OR IMPLIED, ARE MADE BY ANY OF MALLSHOES FINISH LINE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WITH RESPECT TO:
THE FUNCTIONS, FEATURES OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH, THE SITE;
ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT OR LINKED THROUGH THE SITE (SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY);
SECURITY ASSOCIATED WITH THE TRANSMISSION OF USER GENERATED CONTENT TRANSMITTED VIA THE SITE;
WHETHER THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE FROM ANY HARMFUL COMPONENTS (SUCH AS ANY VIRUSES, TROJAN HORSES, SPYWARE OR ANY OTHER TECHNOLOGIES OR MALICIOUS OR TECHNOLOGICALLY HARMFUL CODE THAT COULD IMPACT THE OPERATION OF THE SITE OR ANY DEVICE);
WHETHER INFORMATION ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE;
WHETHER ANY DEFECTS OR ERRORS ON THE SITE WILL BE REPAIRED OR CORRECTED;
WHETHER THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; AND
WHETHER YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE FOREGOING EXCLUSIONS OF WARRANTIES, EXPRESS OR IMPLIED, DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

LIMITATION OF LIABILITY
EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE THAT NEITHER MALLSHOES FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES NOR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES RESULTING FROM:
YOUR INABILITY OR FAILURE FOR ANY REASON TO COMPLY WITH THESE TERMS;
YOUR ACCESS TO AND/OR USE OR INABILITY TO ACCESS AND/OR USE THE SITE;
THE PERFORMANCE OF THE SITE;
ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION;
ANY VIRUSES, TROJAN HORSES, SPYWARE OR ANY OTHER TECHNOLOGIES OR MALICIOUS OR TECHNOLOGICALLY HARMFUL CODE THAT COULD IMPACT THE OPERATION OF THE SITE OR ANY DEVICE;
ANY NON-DELIVERY, LOSS, THEFT, MISAPPROPRIATION, MIS-DELIVERY, CORRUPTION, DESTRUCTION OF, OR OTHER MODIFICATION TO, DATA TRANSMITTED VIA THE SITE;
ANY INACCURACIES OR OMISSIONS IN SITE CONTENT;
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MALLSHOES FINISH LINE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS REGARDING THE SITE, INCLUDING WITHOUT LIMITATION REGARDING YOUR ACCESS TO AND/OR USE OF THE SITE;
ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS;
ANY CONDUCT, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OF ANY USER OF THE SITE;
ANY CRIMINAL, TORTIOUS OR NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER USERS OF THE SITE;
ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION BY OTHER USERS OR THIRD PARTIES; OR
EVENTS BEYOND OUR REASONABLE CONTROL.
EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE THAT:
NEITHER MALLSHOES FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES NOR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE SITE OR ANY OF ITS FEATURES OR ANY OF THE SITE CONTENT, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF RELATING TO THE SITE, SITE CONTENT OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. AN ACTION IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION K.1 (Informal Dispute Resolution), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE DISPUTE NOTICE (DEFINED BELOW). YOU AND WE EACH WAIVE THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SITE CONTENT.
INDEMNIFICATION
EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND OTHERWISE HOLD HARMLESS MALLSHOES FINISH LINE AND OUR PARENTS, SUBSIDIARIES, AFFILIATES AND OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION OR DEMAND ARISING FROM OR OTHERWISE RELATED TO:
YOUR ACCESS TO AND/OR USE OF THE SITE AND ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE SITE;
YOUR VIOLATION OF ANY LAW, RULE, REGULATION, THE RIGHTS OF ANY THIRD PARTY, OR THESE TERMS; OR
YOUR USER GENERATED CONTENT.

THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY W. ANY SUCH THIRD PARTY CLAIM, ACTION OR DEMAND RESULTED FROM ANY OF THE RELEASED PARTIES’ OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT; WAIVER OF CLASS ACTION

Notwithstanding anything to the contrary in these Terms, this Section K (the “Arbitration Agreement”) shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Informal Dispute Resolution.

In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (each a “Dispute”), the party asserting the Dispute (as between you and MALLSHOES Finish Line) will first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) (a “Dispute Notice”). A Dispute Notice must describe the facts and circumstances (including any relevant documentation) of the Dispute. The party sending the Dispute Notice must allow the receiving party thirty (30) days in which to respond to or settle the Dispute.

A Dispute Notice shall be sent to (as the case may be):

(1) MALLSHOES Finish Line at The Finish Line, Inc. (d/b/a Finish Line and MALLSHOES Sports), ., . 46235, Attn: General Counsel, or

(2) you at your last-used billing address or the billing and/or shipping address in your user account (if you choose to create such an account).

Each of MALLSHOES Finish Line and you agree that this dispute resolution procedure and good faith negotiations is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration; Small Claims Court Claims Exception.

To the extent a Dispute subject to the informal dispute resolution procedure described above cannot be resolved, the Dispute shall be resolved through binding individual arbitration. You and we agree to give up our rights to go to court to assert or defend our rights under these Terms and with respect to any Dispute. You and MALLSHOES Finish Line expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

Arbitration is more informal than a lawsuit in court. T. 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 provisions of these Terms as a court would.

If either party files a court proceeding in violation of this provision (other than an individual claim in small claims court or a claim to enjoin infringement of intellectual property rights), he/she/it agrees to be responsible to pay any costs and expenses, including reasonable attorneys’ fees, that are incurred by the other party in enforcing these dispute resolution provisions.

You may begin an arbitration proceeding by sending a letter requesting arbitration to MALLSHOES Finish Line at The Finish Line, Inc. (d/b/a Finish Line and MALLSHOES Sports), ., . 46235, Attn: General Counsel. MALLSHOES Finish Line may begin an arbitration proceeding by sending a letter requesting arbitration to you at your last-used billing address or the billing and/or shipping address in your user account (if you choose to create such an account).

You and we agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement, and that t. will only be one arbitrator, not a panel. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. MALLSHOES Finish Line will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. MALLSHOES Finish Line waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award MALLSHOES Finish Line the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county w. you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.

All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

In lieu of arbitration, either you or MALLSHOES Finish Line may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even w. t. is a pending lawsuit, unless a trial has begun, or a final judgment entered.

Notwithstanding this Arbitration Agreement, you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section M shall govern any claim in court arising out of or related to the Agreement.

Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. YOU AND MALLSHOES FINISH LINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ACYS
N ARBITRATION ONLY IN YOUR OR ITS RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND MALLSHOES FINISH LINE .BY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. If a court decides that applicable law precludes enforcement of any of this Section K’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

30-Day Right to Opt Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section K by sending written notice of your decision to opt-out to the following address via certified mail: MALLSHOES Finish Line at The Finish Line, Inc. (The notice must be sent within thirty (30) days of your first use of the Site after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, MALLSHOES Finish Line also will not be bound by them.

UNAFFECTED RIGHTS

NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY RIGHTS AVAILABLE UNDER APPLICABLE LAW WHICH CANNOT BE EXCLUDED OR LIMITED. THIS MEANS THAT THESE TERMS WILL NOT CHANGE ANY RIGHTS WHICH THE LAW GRANTS TO YOU WHICH THAT LAW DOES NOT ALLOW US TO CHANGE OR LIMIT. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR MORE CULPABLE CONDUCT OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE.

GOVERNING LAW AND DISPUTES

Except as otherwise provided .in, these Terms, and any dispute arising out of the Site, your access and/or use of the Site or these Terms, shall be governed by and construed in accordance with the laws of HK notwithstanding any conflicts of law principles, and any action relating to any dispute arising out of the Site, your access and/or use of the Site or these Terms (other than an action subject to mandatory arbitration under Section K) must be filed and maintained in a state or federal court located in Marion County, State of ., United States, and you consent to exclusive jurisdiction and venue in such courts for such purpose.

GENERAL PROVISIONS
All Rights Not Granted

These Terms include only narrow, limited grants of right to use and/or access the Site and the Site Content. No right or license may be construed, under any legal theory, by implication, industry custom or otherwise. All rights not expressly granted to you .in are reserved by MALLSHOES Finish Line for itself and, as the case may be, for our parents, subsidiaries, affiliates and our respective partners, licensors and service providers.

Waiver and Severability

A waiver by MALLSHOES Finish Line of any term or condition set out by these Terms shall be effective only if in writing signed by a duly authorized representative of MALLSHOES Finish Line. No waiver by MALLSHOES Finish Line of any term or condition set out by these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of MALLSHOES Finish Line to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms constitute the sole and entire agreement between you and MALLSHOES Finish Line regarding your access to and/or use of the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.

CONTACT US

If you have questions about these Terms of Use, please contact us at:

The Finish Line, Inc. (d/b/a Finish Line and MALLSHOES Sports)

mallshoes@support.co.il

Sanwa industry group Hk