Terms of Use – Foot Locker Canada

PLEASE NOTE THAT YOUR USE AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE THE SERVICES IN ANY MANNER.

For information on your data rights and our data collection, use and sharing processes as you interact with our Services please consult our Privacy Statement.

Last Updated: January 2023

Foot Locker Canada Co., its subsidiaries and affiliates, including its family of companies and brands, such as Foot Locker Champs Sports (collectively, "we," "us," or "our" “Foot Locker” herein), operate various websites (the “Sites”), mobile applications (the “Apps”) and stores (each a “Store”), and use and/or participate in social media sites, digital advertising and emails (collectively, the “Services”). These Terms of Use (“Terms”) and our Privacy Statement (which are incorporated herein by reference), contain the rules and restrictions that govern your use of our Services, and constitute a binding agreement between you and us. Please read these Terms, as well as our Privacy Statement carefully. They contain important information about the products and/or Services provided to you and our use of certain information.

Thank you for using our Services. By using our Services and interacting with our digital operations, including our Sites, Apps, social media and digital advertising, you signify your consent to these Terms and our Privacy Statement. If you do not agree to these Terms and Privacy Statement, you may not use or access the Services in any manner.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes to these Terms (including our Privacy Statement) will indicate your acceptance of those changes.

RESTRICTIONS ON USE OF MATERIALS

The Services are owned and operated by us. Except as otherwise permitted by these Terms, no material from the Services or any Site or App owned, operated, licensed or controlled by us may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may use the Services for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website is strictly prohibited. Absolutely no framing of this Website or App is permitted without the prior written consent of Foot Locker. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

USE OF ONLINE TOOLS

We may make online tools available that you may place on your website or app to permit your visitors to access our Website or App (each, the "Tools"). Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Tools on your website or app. You may not use the Tools for any other purpose without our prior written consent, and nothing in these Terms shall be deemed to grant you any right, title or interest in the Tools. In addition, you may not:

Use the Tools to offer or promote or sell any products or services, or otherwise use the Tools in association with, any products or services for sale other than those of Foot Locker Canada Co.
Use the Tools (or any content displayed in connection with or through it) in any manner that may be construed as an endorsement by us of any product, service, activity or brand contained on your website or app.
Place the Tools on any website or app that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.
Use the Tools in any manner that prevents the end user of your website or app from linking directly to the applicable page of our Services.
We reserve the right to discontinue providing any Tools at any time. We further reserve the right to direct you to cease displaying or otherwise using any Tools, for any or no reason and without liability to you or any third party.

ACCOUNTS

You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes.

You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others.

If you believe that your account has been compromised, you must immediately contact us by emailing customercare@footlocker.com or calling 1-800-991-6815.

Foot Locker shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Foot Locker for losses incurred by Foot Locker or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

WEBSITE MONITORING

We and our service providers may use cookies, beacons, pixel tags, log files, and other technologies to automatically collect certain information when you use our Site, App, FLX Program, Store or other services or interact with our emails or advertisements on our Site, our App, FLX Program, Store or other websites or services. A cookie is a small data file that is sent to your browser from a web server and stored on your computer's hard drive. The information that we and our providers collect through cookies and other technologies, along with information that we share with them, enables us or our providers to recognize you or your device and to serve ads to you or your device. For example, these technologies may allow us to automatically collect information such as your IP address, geolocation data, unique user ID, Device ID, Mobile Ad Identifiers, browser type and version, character set, screen size and color, language, cell phone model, operating system and version, carrier, and Internet Service Provider. This information: (1) allows us to accurately and properly pay for ads placed on our behalf (e.g., an ad that led you to purchase or download one of our products) and get paid when you see an ad on our Services; (2) helps prevent you from repeatedly seeing the same ads; (3) helps select and display targeted ads or other content on your computer or device (such as on a site or social networking service you are visiting or a mobile application you are using) that may be of interest to you; and (4) helps us measure and analyze interactions with our ads and Services.

We also may collect information about your use of our Services, such as the time you spend using the Site or App, the number of times you return, whether you click-through, open, or forward links, e-mails, and ads, and other Service usage data. These technologies, such as cookies, also allow us to keep track of your order as you shop on our Site or App, to make our Site better, to enable our Services to function, to maintain your preferences and settings, to provide enhanced features, to combat fraud, to recognize registered users when they visit, and to provide registered users with information and advertising that is more relevant to them.

If you register with or order from us, we may also use cookies or other technologies to monitor and maintain information about how you use our Services and what you buy. If you do not register with or buy from us, we may also monitor and maintain information about your use in order to improve your shopping experience and provide you with more relevant content and advertising.

For more information concerning our privacy practices and your rights, please see our Privacy Statement (which is incorporated as part of this agreement).

CONTENT POSTED OR SUBMITTED BY YOU

Certain pages on the Services may allow you to post text, photographs, videos, audio, or other content ("Content"). Unless otherwise specified on a particular Site or App, you may only post Content to the Services if you are a resident of Canada and are thirteen (13) years of age or older.

If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Services. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content includes the name, likeness, signature or other identifiable characteristics associated with any person other than yourself (“Third Party Persona”), you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content including the Third Party Persona.

You may be required to provide proof of such permission to Foot Locker. You may not post or distribute Content that is illegal or that violates these Terms.

By posting or distributing Content to the Services, you represent and warrant that (a) you own all the rights to the Content or are authorized to use, display and distribute the Content to the Services and (b) the Content does not and will not infringe any patent, copyright, trademark, right of publicity, or any other third-party right, and does not violate any law or regulation.

By submitting or posting Content to the Services, you grant Foot Locker the irrevocable, perpetual, royalty-free, right to reproduce, display, perform, publish, transmit, distribute, adapt, and promote this Content in any medium and for any lawful purpose, worldwide. You furthermore waive any moral rights in connection with the Content.

Once you submit or post Content to the Services, Foot Locker does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Foot Locker owns all right, title, and interest in any compilation, collective work, or other derivative work created by Foot Locker using or incorporating Content posted to the Services.

You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.

CONTENT POSTED BY OTHER USERS

Foot Locker is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Foot Locker be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services.

If you become aware of misuse of the Services by any person, please contact Foot Locker by emailing customercare@footlocker.com or calling 1-800-991-6815. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

USE OF SERVICES

Impersonation of others, including a Foot Locker employee or representative, or another user or individual is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, otherwise objectionable, that may constitute or encourage a criminal offense, violate the rights of any party, that may otherwise give rise to liability, or violate any law.

You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Foot Locker, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App.

You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation.

You may not establish links to or from other websites to the Services without the prior written consent of Foot Locker.

The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). We do not permit children under 13 to have accounts.

Unless otherwise indicated, the Sites are intended for Canadian residents. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.

THIRD PARTY LINKS

From time to time, a Site, App or Service may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by us. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by us. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site or in the data collection, sharing or protection practices of such site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.

IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

ACTIVITIES PROHIBITED ON THE SERVICES

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. Foot Locker reserves the right to investigate and take appropriate legal action against anyone who, in Foot Locker's sole discretion, engages in any of the prohibited activities.

Prohibited activities include, but are not limited to, the following:

Using the Services for any purpose in violation of provincial, or federal laws or regulations.
Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party.
Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Foot Locker in its sole discretion or pursuant to local community standards.
Posting Content that constitutes cyber-bullying, as determined by Foot Locker in its sole discretion.
Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior.
Posting telephone numbers, street addresses, or last names of any person.
Posting URLs to external websites or any form of HTML or programming code.
Posting anything that may be "spam," as determined by Foot Locker in its sole discretion.
Impersonating another person when posting Content.
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.
Allowing any other person or entity to use your identification for posting or viewing comments;
Harassing, threatening, stalking, or abusing any person.
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of Foot Locker, exposes Foot Locker or any of its customers, suppliers, or any other parties to any liability or detriment of any type.
Encouraging other people to engage in any prohibited activities as described herein.
Purchasing for resale purposes or purchasing using freight forwarding services.

Foot Locker reserves the right, but is not obligated, to do any or all of the following:

Investigate an allegation that any Content posted on the Services does not conform to these Terms and determine in its sole discretion to remove or request the removal of the Content.
Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms.
Terminate a user's access to the Services upon any breach of these Terms.
Monitor, edit, or disclose any Content on the Services.
Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.

THIRD-PARTY COPYRIGHTS

If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from this Site or App by contacting Foot Locker as set forth below and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy of the work or the location (e.g., URL or page within the App) of an authorized version of the work, together with information regarding any copyright registration you own for the work you believe to be infringed.

Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material you believe constitutes an infringement.

Your name, address, telephone number, and e-mail address.
A statement that you have “a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law”.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to:

Foot Locker, Inc.
c/o Law Department
330 W. 34th St.
New York, NY 10001
USA
counsel@footlocker.com

In an effort to protect the rights of copyright owners, Foot Locker reserves the right to terminate in appropriate circumstances, subscribers and account holders of the Services who are repeat infringers.

INTELLECTUAL PROPERTY

All content included on the Services, such as text, graphics, code, logos, button icons, images, audio and visual clips, tools and software, and the compilation of such content (i.e., collection, arrangement and assembly) is the exclusive property of Foot Locker or its suppliers and is protected by Canadian and other copyright laws and international treaties. The content and software on the Services may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. Foot Locker, Lady Foot Locker, Kids Foot Locker, Footaction, Champs Sports, Eastbay, Greenhouse, FLX and the Striper Logo, are registered trademarks of Foot Locker Retail, Inc. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Foot Locker enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Foot Locker, Inc., Law Department, 330 W. 34th St., New York, NY 10001, USA.

SUBMISSIONS TO FOOT LOCKER

You hereby agree that any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Foot Locker through the Services becomes the exclusive property of Foot Locker and Foot Locker is entitled to use the information submitted for any purpose without restriction or compensation to you.

You represent that any submission you communicate to Foot Locker is original to you and accept sole responsibility for its accuracy, appropriateness and legality.

WARRANTY DISCLAIMER

EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), the Services and the materials, Tools and products on the Services are provided "as is" and without warranties or conditions of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Foot Locker disclaims all warranties and conditions, expressed or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose and non-infringement. Foot Locker does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Foot Locker does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Foot Locker) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY AND TIME FOR FILING

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FOOT LOCKER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE TOOLS OR PRODUCTS, EVEN IF FOOT LOCKER OR AUTHORIZED REPRESENTATIVES OF FOOT LOCKER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DO NOT PERMIT LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO, THE TERMS AND/OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITES OR APPS, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITES OR APPS, OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT OR OMISSION GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Foot Locker, its officers, directors, employees, agents, licensors and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable legal fees, resulting from your use of the Services or any Tool, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

PRODUCT ORDERS

All orders placed through the Services are subject to Foot Locker's acceptance. Foot Locker may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Foot Locker shall issue you a refund.

TYPOGRAPHICAL ERRORS

We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted). In the event that a product sold is mistakenly listed at an incorrect price, Foot Locker reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Foot Locker shall issue a credit to your payment method account.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws in effect in the Canadian province or territory in which you reside, or if you do not reside in Canada, the Canadian province or territory from which you placed your order. The parties hereby consent to the exclusive jurisdiction of the courts of the Canadian province or territory whose law governs these Terms.

If any provision set forth in Sections 2 to 18 of these Terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Foot Locker's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.

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