Address:2595 W International Speedway Blvd, Daytona Beach, FL 32114

Terms of Use

Welcome to the Dale’s Shoes & Pedhorthics website (the “Site”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the “Agreement”), as well as the terms set forth in our Privacy Notice.

GENERAL

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers or distributors.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are owned or licensed by Dale’s Shoes. The Contents and the Site as a whole are protected by United States and international laws, including, but not limited to copyright, trademark, trade dress and/or other intellectual property laws. No right, title or interest in any of the Contents is transferred to you as a result of your use of the Site. Dale’s Shoes reserves all rights not expressly granted in and to the Site and the Contents.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may not use the Site or its Contents for any resale or commercial purpose. Any use of robots or similar data mining, gathering or extraction tools is prohibited, as is any collection of product listings, descriptions, or prices. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Any unauthorized use terminates the permission or license granted by Dale’s Shoes.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Dale’s Shoes on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Dale’s Shoes’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Dale’s Shoes of all worldwide right, title and interest in and to such Comments, including, but not limited to, all copyrights, privacy and other intellectual property rights. Thus, Dale’s Shoes will own exclusively all such Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Dale’s Shoes is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyrights, privacy and other intellectual property rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Dale’s Shoes may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Dale’s Shoes may use your information for marketing and promotional purposes.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Dale’s Shoes does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other website that you visit.

PROHIBITIONS

These Terms of Use apply to all our websites, including micro-sites and mobile sites, all products and services offered to you when you visit our websites, and all other online service features, databases, plug-ins, applications, content, downloads, applications, platforms, and tools where these Terms of Use appear or are linked (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. You are prohibited from the following uses (the “Prohibited Uses”):

  • Violating or attempting to violate the security of the Service;
  • Altering or attempting to alter, destroy or upload any content on the Service;
  • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Dale’s Shoes or other third party
  • commercially available web browsers) to navigate or search the Service;
  • Impersonating any other person while using the Service;
  • Using the Service to violate any local, state, federal or international laws;
  • Using the Service to violate any third-party right, including any intellectual property or privacy right;
  • Using the Service to stalk, harass or harm another individual;
  • Using the Service to collect or store personal data about other users without their consent;
  • Using the Service in a manner that suggests an unauthorized association with any of our licensors’ products, services, or brands;
  • Modifying, making derivative works of, disassembling, reverse compiling or reverse engineering any part of the Service or accessing the Service in order to build a
  • similar or competitive site or service;
  • Introducing software or automated agents or scripts to the Service so as to produce multiple accounts or to strip, scrape, or mine data from the Service;
  • Sending unsolicited or unauthorized email, including promotions and/or advertising without Dale’s Shoes express prior written approval;
  • Using any high volume, automated, or electronic means, including, without limitation, robots, spiders, scripts or other automatic device, to access the Service or monitor
  • or copy Service pages or the content contained thereon (other than the normal activities of commercially available search engines); or
  • Framing Service pages, placing pop-up windows over its pages, or otherwise affecting the display of its pages without Dale’s Shoes express prior written consent.

DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

THIS SITE, AND ALL CONTENTS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. DALE’S SHOES AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. DALE’S SHOES DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUSA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUSA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES, INJURY, CLAIM OR LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BUSA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO THE PROHIBITED USES OF THIS SITE BY YOU, AND ANY OTHER BREACH OF THESE TERMS OF USE BY YOU. THE FOREGOING “DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY” PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

NOTHING IN THIS SECTION IS INTENDED TO LIMIT REMEDIES FOR PRODUCT-RELATED INJURY OR RELATED INJURY ARISING FROM ANY EXPRESS PRODUCT WARRANTIES.

DALE’S SHOES IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF DALE’S SHOES’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INACCURACY DISCLAIMER

From time to time there may be information on dales-shoes.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your dales-shoes.com purchase you may return it.

APPLICABLE LAW

The law applicable to the interpretation and construction of these Terms of Use and access to or use of this Site (including purchases made on this Site), or related to this Site in any way, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Florida, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies posted on this Site. These policies also govern your use of Dale’s Shoes services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and may provide notice of such changes in our discretion or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

MISCELLANEOUS

Unless otherwise specified and except to the extent Dale’s Shoes products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Dale’s Shoes products and services available in the United States. This Site is controlled and operated by Dale’s Shoes from its offices in Novato, California.

TERMINATION

This Agreement is effective unless and until terminated by either you or Dale’s Shoes. You may terminate this Agreement at any time. Dale’s Shoes also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Dale’s Shoes sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Dale’s Shoes, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.