Dear Derrick

Privacy policy

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY DEAR DERRICK SHOES PLATFORM.

Welcome to the DEAR DERRICK SHOES community! You are reading these Terms because you are using a DEAR DERRICK SHOES website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of DEAR DERRICK SHOES’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other
technology, which we refer to here as a “Device”. Your carrier’s normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and DEAR DERRICK SHOES and its affiliates (which we may refer to as “DEAR DERRICK SHOES,” “we,” “us,” or “our”) regarding your use of the website.

Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale that apply in your country or region
Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

1.GROUND RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country/region or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries or regions.

Rules for Registration. When you register for an account with us, the following rules apply:
Be True: Provide accurate and current registration information.
Be You: Keep your registration personal. Do not register for more than one DEAR DERRICK SHOES account, register a DEAR DERRICK SHOES account on behalf of someone else, or transfer your account.
Be Secure: Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
Be Responsible: Inform DEAR DERRICK SHOES immediately of any unauthorized use of your DEAR DERRICK SHOES account. You are responsible for anything that happens through your DEAR DERRICK SHOES account – with or without your permission. TO THE MAXIMUM EXTENT

ALLOWED BY APPLICABLE LAW, DEAR DERRICK SHOES IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
2.OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by DEAR DERRICK SHOES or others we license Content from, and is protected by copyright, trademark, patent and other laws. DEAR DERRICK SHOES reserves all rights not expressly described in these Terms.
All trademarks, service marks and trade names (e.g., the DEAR DERRICK SHOES name) are owned, registered and/or licensed by DEAR DERRICK SHOES. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent DEAR DERRICK SHOES approves the download or use of Content comprised of copyrights or copyrightable works, DEAR DERRICK SHOES grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as DEAR DERRICK SHOES makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. DEAR DERRICK SHOES reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. DEAR DERRICK SHOES reserves the right to take down any Content in violation of these terms or DEAR DERRICK SHOES’s intellectual property rights. DEAR DERRICK SHOES allowing you this limited use does not constitute a waiver of any of DEAR DERRICK SHOES’s rights to the Content.
Outside of the specific usage rights granted to you by DEAR DERRICK SHOES in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without DEAR DERRICK SHOES’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to DEAR DERRICK SHOES a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or

acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions and limitations may not apply to you.

The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DEAR DERRICK SHOES IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
DEAR DERRICK SHOES does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
To the fullest extent permitted by law, DEAR DERRICK SHOES disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
3.INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Platform, but DEAR DERRICK SHOES must also protect itself from any damages you may cause.
Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you.

Agree to indemnify, defend, and hold harmless DEAR DERRICK SHOES Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “DEAR
DERRICK SHOES Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the DEAR DERRICK SHOES Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you.

NONE OF THE DEAR DERRICK SHOES PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A DEAR DERRICK SHOES EVENT OR DEAR DERRICK SHOES PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF DEAR DERRICK SHOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST DEAR DERRICK SHOES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF DEAR DERRICK SHOES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, DEAR DERRICK SHOES’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.

4.DISPUTES / ADDITIONAL TERMS Choice of Law/Jurisdiction
If you live in any of the following countries/regions, different “Choice of Law/Jurisdiction” terms may apply to you:
You agree that this Platform is a passive platform solely based in Texas, USA, which does not give rise to personal jurisdiction over DEAR DERRICK SHOES in jurisdictions other than Texas.
You agree that the Platform, Terms, Privacy Policy and any dispute between you and DEAR DERRICK SHOES shall be governed in all respects by Texas law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of DEAR DERRICK SHOES products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Dallas, Texas, USA.
You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Dallas County Texas.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications
By using the Platform, you agree to receive certain electronic communications from DEAR DERRICK SHOES, subject to applicable law.
You agree that any notice, agreement, disclosure or other communication that DEAR DERRICK SHOES sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
DEAR DERRICK SHOES may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
DEAR DERRICK SHOES’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or DEAR DERRICK SHOES’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
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