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TERMS OF USE

Welcome to the Cavenders.com website (the "Site"). Please review the following terms that govern your use of the Site and purchase of products from the Site, including our Privacy Policy, which is a part of these Terms of Use. Please note that your use of the Site constitutes your agreement to follow and be bound by these terms, including our Privacy Policy (the "Agreement").

GENERAL

The Site is offered and available to users who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you meet these eligibility requirements. If you do not meet them, you must not access or use the Site.

CONTACT INFORMATION

Please visit our Contact Page to let us know about questions or problems with the Site.

Should you have any questions about these Terms of Use, please contact us by using the link provided above, or by writing us at:

Cavender's Boot City ATTN: Customer Service 7820 South Broadway, Tyler, TX 75703

MODIFICATION OF CONTENT

Cavender's attempts to ensure that the Content on the Site is complete and current. As indicated in the DISCLAIMERS set forth below, Cavender's does not guarantee that the information contained on the Site will not contain errors, inaccuracies or omissions or that such information will be up to date. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Cavender's reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you, but Cavender's does not have an obligation to do so. We may change, move, delete portions of, or add to the Site from time to time. Further, Cavender's reserves the right to refuse or cancel any orders based on any error, inaccuracy or omission on the Site, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is then canceled, Cavender's will promptly issue a credit to your credit card.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of the Site (collectively, "Content") are copyrights, trademarks, service marks, trade dress and/or other intellectual property rights owned, controlled or licensed by Cavender's or its affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Cavender Investment Properties, Ltd. CAVENDER's BOOT CITY, CAVENDER's WESTERN OUTFITTERS, CAVENDER's WESTERN SUPERSTORE, CAVENDERS.COM and all other CAVENDER's trademarks and service marks appearing on the Site are property of Cavender Investment Properties, Ltd. You agree not to display or use such marks without our prior written permission. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than our own.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading. You may not reproduce (except as noted in these Terms of Use), 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 Content, the Site, or any related software.

USER COMMENTS AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Cavender's on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Cavender's of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, Cavender's will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Cavender's is and shall be under no obligation to (a) maintain any Comments in confidence, (b) pay to user any compensation for any Comments, or (c) respond to any Comments.

You agree that you will not submit any Comments to the Site that would violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). 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. Cavender's may, but does not have an obligation to, remove any Comments from the Site at any time in its sole discretion.

You agree that Cavender's 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 sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Cavender's may use your information for marketing and promotional purposes. For more information about the information that we collect online and how we use it, please see our Privacy Policy.

YOUR PRIVACY RIGHTS

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

CAVENDER'S COMMUNICATIONS TO YOU

EMAIL COMMUNICATIONS

If you voluntarily provide your email address to the Site, you agree that Cavender's may send email to you for the purpose of advising you of changes to the Site, about any of Cavender's products or services, or for such other purpose(s) as Cavender's deems appropriate, unless and until you provide Cavender's with notice of opt-out, subject to the terms and conditions of our Privacy Policy.

PROMOTIONAL SMS (TEXT) COMMUNICATIONS

By subscribing to Cavender's mobile messages, you agree to receive recurring autodialed marketing and promotional text alerts (incl. sweepstakes) to the telephone number used at the time of opt in. Message frequency may vary. Your carrier's message and data rates may apply in accordance with your wireless customer agreement. You are confirming that you are the account holder, or are authorized by the account holder, to incur these charges. Consent is not required as a condition of purchasing any goods or services. Terms & Conditions are subject to change. The mobile carriers are not liable for delayed or undelivered messages. At any time, you can text STOP to the short code 56413. This will prevent you from receiving any future Cavender's Alerts. At any time, you can text HELP to the short code 56413. You may also contact us at 1-888-361-2555. Please note that Cavender's respects your privacy. You can read about our privacy policy here. For sweepstakes rules please visit our Promotion Rules page.

ORDER STATUS UPDATE SMS (TEXT) COMMUNICATIONS

By subscribing to Cavender's mobile messages, you agree to receive autodialed messages about your orders (e.g. order status updates) to the telephone number used at the time of opt in. Message frequency may vary. Your carrier's message and data rates may apply in accordance with your wireless customer agreement. You are confirming that you are the account holder, or are authorized by the account holder, to incur these charges. Consent is not required as a condition of purchasing any goods or services. Terms & Conditions are subject to change. The mobile carriers are not liable for delayed or undelivered messages. At any time, you can text STOP to the short code 72648. This will prevent you from receiving any future Cavender's order status update messages. At any time, you can text HELP to the short code 72648. You may also contact us at 1-888-361-2555. Please note that Cavender's respects your privacy. You can read about our privacy policy here.

PRODUCT INFORMATION

Merchandise displayed for sale on the Site may not be available in Cavender's stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

COLORS

We have made every effort to display as accurately as possible the colors of products that appear on 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 WEBSITES AND SERVICES

The Site contains links to outside services and resources, the availability and content of which Cavender's does not control. Any concerns regarding any such service or resource, or any links thereto, should be directed to the outside service or resource. Cavender's is not responsible for the contents of any website that may be accessed through a link on the Site, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link on the Site does not imply endorsement by Cavender's of the linked website, and is provided only for informational purposes. Cavender's reserves the right to reject any request for a link to a third-party website and to remove any link for any reason.

SITE USAGE

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use, other than to make purchases. You may download or print a single copy of any portion of the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such material. No other use is permitted unless otherwise expressly permitted by Cavender's. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

You are prohibited from violating or attempting to violate the security measures on the Site, including without limitation:

  1. Using a false email address or one belonging to another user, accessing data not intended for the user, or logging into a server or account that such user is not authorized to access;
  2. Disclosing a password, permitting a third party to use a password, or failing to notify us if a password is compromised;
  3. Attempting to probe, scan or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;
  4. Attempting to interfere with service to any user, host or network;
  5. Sending unsolicited email, including promotions and/or advertising of products or services; or
  6. Hijacking all or any part of the Content, deleting or changing any Content, deploying pop-up messages or advertising, or running or displaying the Site or any Content in frames or through similar means on another website.

We have absolute discretion to determine whether any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil liability or prosecution by law enforcement authorities. We will investigate occurrences that indicate such violations may have occurred, and we may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who violate the law.

DISCLAIMER

THE SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CAVENDER'S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CAVENDER'S DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, 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 THE SITE, AND THAT CAVENDER'S, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, ATTORNEYS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold Cavender's harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of these Terms of Use or the infringement by you of any intellectual property rights of any person or entity.

NO WAIVER

Our failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement, nor will any delay or omission on the part of Cavender's to exercise or take advantage of any right or remedy that Cavender's has or may have hereunder, operate as a waiver of any right or remedy.

SEVERABILITY

If any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portions hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

TERMINATION

This Agreement is effective unless and until terminated. You may terminate this Agreement at any time upon written notice to Cavender's, provided that you do not access the Site thereafter. Cavender's may terminate this Agreement at any time and may do so immediately without notice, and accordingly may deny you access to the Site, if in Cavender's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Cavender's, you agree to promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise, and to refrain from further accessing the Site.

MISCELLANEOUS

Unless otherwise specified, the Site and the Content are displayed solely for the purpose of promoting and selling Cavender's products and services available in the United States. The Site is controlled and operated by Cavender's from its offices at 7820 South Broadway, Tyler, TX 75703.

This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas, County of Smith.