Thank you for shopping at felgersfootwear.com. These Terms of Use apply to our website (the “Site”, mobile applications and related services (collectively, the "Services"). The Services are provided by Bremark, Inc dba Felger's Footwear and felgersfootwear.com or "we," "us," "our" and similar references.

By using the Services, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use and our Privacy Policy, you should not use the Services.

We may change, add or delete portions of these Terms of Use at any time on a going-forward basis at our sole discretion. It is your responsibility to check these Terms of Use for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will make reasonable efforts to notify you of any material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email or other means.

1. Use of the Services

You may use the Services only in accordance with and subject to these Terms of Use and our Privacy Policy which is incorporated herein by reference. By using the Services, you represent that you are 18 years old or older and that all of the information, data and other materials you provide in connection with the Services are true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.  Use of the Services is void where prohibited by law.

2. Purchases

a. Order Processing

Orders may only be placed using the Services for personal use and not for resale.  Felger's Footwear, reserves the right, in its sole discretion, to not process or to cancel your order or to limit quantities.  For most orders, you will be charged at the time your order is placed.

b. Taxes

For Felger's Footwear’s Tax Policy, which may change from time to time, please see Taxes.

c. Shipping and Delivery

For Felger's Footwear’s Shipping Policy, which may change from time to time, please see our Shipping Policy.

d. Returns/Exchanges

For Felger's Footwear’s Returns and Exchange Policy, which may change from time to time, please see our Returns and Refunds Policy.

e. Product Availability

All offers of products as they are displayed via the Services are subject to availability.  Felger's Footwear reserves the right to change the items offered via the Services at any time and without notice.  The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly.  If a product is not available for shipping promptly after your place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order.  Felger's Footwear shall not be liable if products are not in stock or otherwise not available.

f. Product Descriptions

Felger's Footwear uses reasonable efforts to display the products listed for sale via the Services as accurately as possible. However, Felger's Footwear, does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by Felger's Footwear is not as described, your sole remedy is to return it in accordance with these Terms of Use.

g. Listed Price

The pricing for all products available via the Services are in United States dollars and exclude taxes and shipping costs.  We strive to ensure all pricing information is correct.  If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such a product.  

3. Additional Terms and Conditions

Additional terms and conditions may apply to specific portions of the Services or products or services we offer, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Services or products or services we offer, the latter terms shall control with respect to your use of that portion of the Services or those products or services unless specifically noted below.  The following terms and conditions apply to the applicable features in connection with the Services:

4. Intellectual Property

a. Ownership

 The Services and all content available through the Services (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by Felger's Footwear and its affiliates, and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.  You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Services.  The Felger's Footwear trademark and all other Felger's Footwear related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name "felgersfootwear.com," are and will remain the exclusive property of Felger's Footwear’s. Any reproduction, distribution, transmission, modification or use of any Felger's Footwear’s trademark for any purpose is prohibited.  You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein.

b. Limited License

Subject to the terms and conditions of these Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying them via your internet browser or device only for the purpose of shopping for personal items sold via the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms of Use shall immediately revoke the license granted in this paragraph without notice to you.

c. Use Restrictions

You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Felger's Footwear or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Services to: (i) transmit via or through the Services any information, data, text, images, files, links or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (ii) introduce to our Site or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of the Services or an employee of Felger's Footwear; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to our Site or mobile applications or any component of any of them; (viii) conduct fraudulent activities; or (ix) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

d. Content You Submit

You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials and other items or materials (except for your personal information which is handled in accordance with the Privacy Policy) disclosed or submitted to Felger's Footwear through the Services or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by Felger's Footwear without restriction or compensation.  By making a Submission to Felger's Footwear, you grant to Felger's Footwear a nonexclusive, royalty-free, perpetual, irrevocable, assignable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submission worldwide in any media for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.  You represent and warrant that no Submission you make will violate any third party's right, including copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights. By making a Submission, you are and shall remain solely responsible for the content of any Submission you make.  You agree that Felger's Footwear is under no obligation to review or use any Submission (including any messages) posted on or sent through the Services by you or any third party and assumes no responsibility or liability relating to any such Submission. Felger's Footwear in its sole discretion, may monitor, not post or remove any Submission.

5. Claims of Copyright Infringement

 Felger's Footwear respects the intellectual property of others, and we ask our users to do the same.  Felger's Footwear may, at its discretion, disable and/or terminate the accounts of users of the Services who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Felger's Footwear with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):

a.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.  a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Services;

d.  your address, telephone number, and, if available, email address;

e.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Felger's Footwear’s, agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent c/o Office Manager Felger's Footwear, 1539 Martin Luther King Jr Blvd Suite 116 Houma, LA 70360 USA

By email: info@felgersfootwear.com

Felger's Footwear may update this contact information occasionally without notice to you. We will post the current contact information on this Site.  

6. Unavailability of Services; Termination; Fraud

We may alter, suspend or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use of or access to all or part of the Services or your account, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship or recall from the shipper any order if fraud is suspected.  

7. Links

The Services may contain links to other websites on the Internet owned and operated by third parties.  Such links should not be interpreted as an express or implied endorsement of such third-party websites or any products or services that may be offered thereon.  You acknowledge that we have no liability or responsibility for the content or availability of such websites, the products, or services available thereon or otherwise in connection with such third-party websites, products, or services.  Please review the terms and conditions that may be imposed by such websites, as they may be different from these Terms of Use.  

8. International Access

The Services may be accessed from countries other than the United States. The Services may contain products or references to products that are not available outside of the United States.  Any such references do not imply that such products will be made available outside the United States.  If you access and use the Services outside the United States, you are responsible for complying with your local laws and regulations.  

9. Disclaimer; Limitation of Liability

Except as otherwise expressly provided in these terms of use or the terms of service, or required by applicable law, Felger's Footwear makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose or non-infringement of the services, any content on the services or any products or services purchased through the services, as well as warranties implied from a course of performance or course of dealing.

Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis.  Felger's Footwear denies any warranties that access to the services will be uninterrupted or error-free; that the services will be secure; that the services or any server that makes the services available will be virus-free; or that information on the services will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the services, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the services shall create any warranty of any kind.

In no event shall Felger's Footwear or their respective parents, subsidiaries, divisions or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on or in connection with the services (collectively, the “releasees”) be liable to you, any user of the services or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use or access the services, any content or information contained thereon or stored or maintained by Felger's Footwear or any products or services purchased through the services, whether based upon warranty, contract, tort, or otherwise, even if any releasee has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of the releasees to you for all damages, losses and causes of action resulting from your use of the services, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Felger's Footwear in connection with the applicable purchase giving rise to such liability. Without limiting the foregoing, in no event shall the releasees have any liability for any damages or losses arising out of or otherwise incurred in CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE BUSINESSD BY OR ON BEHALF OF Felger's Footwear. If, notwithstanding the provisions of these Terms of use, ANY RELEASEE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the SERVICES, ANY CONTENT ON THE SERVICES OR ANY PRODUCT OR SERVICES PURCHASED THROUGH THE SERVICES, SUCH RELEASEE’s liability shall in no event exceed US$100.00.

Because some authorities do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such authorities some or all the above disclaimers or exclusions may not apply, and liability will be limited to the fullest extent permitted by applicable law.  

10. Indemnification

By using the Services, you agree to indemnify, hold harmless and defend the Releasees from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Services; (ii) your breach of the Terms of Use; (iii) your violation of any law or the rights of a third party; or (iv) your Submissions. You agree to cooperate as fully as reasonably required in the defense of any claim. Felger's Footwear or the applicable Releasee reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Releasees.

11. Arbitration 

a. General 

By using the Services, you agree that, except as specifically set forth below, all controversies, disputes, demands, counts, claims or causes of action between you and any Releasee arising out of, under or related to these Terms of Use, your use of the Services or the purchase or sale of any products or services via the Services (“Claims”) will be settled exclusively through binding arbitration. YOU AND Felger's Footwear ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR Felger's Footwear INDIVIDUAL CAPACITY AND IN SO DOING YOU AND Felger's Footwear HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

b. Process 

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law.  The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”).  Except as modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Unless your claim is valued at more than $75,000, Felger's Footwear waives the right to recover an award of attorney's fees and expenses against you.  You agree that, except to the extent prohibited by applicable law, regardless of any statute or law to the contrary, any Claim you have must be commenced within one (1) year after the Claim arises.  For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

c. Location of Arbitration

Arbitration may be initiated in either Massachusetts or the county in which you reside. If you select the county of your residence, Felger's Footwear or the applicable Releasee may transfer the arbitration to Massachusetts if it agrees to pay any additional fees or costs you incur because of the change in location in such amounts as determined by the arbitrator.

d. Exceptions 

 Notwithstanding anything to the contrary in this Section 11, either you or Felger's Footwear may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration provision. Any dispute not subject to arbitration will be exclusively brought (unless such courts do not have personal authority in the dispute) in the courts located in Massachusetts. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal authority of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.  

12. Governing Law

These Terms of Use (together with the Privacy Policy) and any Claims shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  

13. Notice

We may give notice to you by email, a posting on the Site or other reasonable means. You must give notice to us in writing via email to info@felgersfootwear.com or as otherwise expressly provided.  

14. Miscellaneous

 These Terms of Use are personal to you, and you may not transfer, assign, or delegate your rights and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. The paragraph headings in these Terms of Use are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications, or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Sections 1 – 4 and 7 – 14 will survive the expiration or termination of these Terms of Use or your right to use the Services for any reason.

Please report any violations of these Terms of Use to info@felgersfootwear.com.

Tax Policy

Felger's Footwear’s Tax Policy, which is which is incorporated into Felger's Footwear’s Terms of Use, is as follows:

We charge and collect state, local and county taxes for online transactions based on shipping address and as required by applicable laws and regulations.  An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax.

Applicable taxes will be applied to orders shipped to any location where we must collect taxes.  If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes.  

You cannot assume that your purchase is exempt merely because it is made over the internet. No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.