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JD FINISH LINE TERMS OF USE

Last updated on: July 14, 2020

INTRODUCTION

This website is owned and operated by The Finish Line, Inc. d/b/a Finish Line and JD Sports (“JD Finish Line”). These Terms of Use (these “Terms”) are applicable to all JD Finish Line digital operations at or through our websites, our mobile/tablet sites, our mobile applications and all digital and online services we provide (collectively, the “Site”), which you may access and/or use through a personal computer, mobile phone or other wireless device or other Internet enabled device (each a “Device”).

In these Terms, “JD Finish Line”, “we” and “our” mean The Finish Line, Inc., an Indiana corporation d/b/a Finish Line and JD Sports. Users of the Site may be referred to in these Terms as “you” or “your”. JD Finish Line and you together may be referred to in these Terms as the “Parties”.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND JD FINISH LINE AND THE TERMS DESCRIBE EACH OF OUR RESPECTIVE RIGHTS AND OBLIGATIONS, INCLUDING IN REGARDS TO: (A) DISPUTE RESOLUTION; (B) CLASS ACTION WAIVER; (C) LIMITATION OF OUR LIABILITY; (D) YOUR INDEMNITY OF US; AND (E) YOUR RELEASE OF US FROM LIABILITY. YOUR ACCESS AND/OR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. DO NOT ACCESS AND/OR USE THE SITE IF YOU DO NOT FULLY ACCEPT THESE TERMS.

BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND ACCEPT OUR PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you have any questions about these Terms, please contact us.

TERMS OF USE CONTENTS

Click on the following links to go directly to the corresponding sections of these Terms:

A.   APPLICABLE TERMS

B.   OPERATION OF SITE

C.   ACCESS TO SITE; SITE CONTENT; LIMITED LICENSE

D.   USE RESTRICTIONS

E.   USER ACCOUNTS

F.    COPYRIGHT INFRINGEMENT ALLEGATIONS

G.   THIRD PARTY TERMS

H.   DISCLAIMER OF WARRANTIES

I.    LIMITATION OF LIABILITY

J.   INDEMNIFICATION

K.   ARBITRATION AGREEMENT; WAIVER OF CLASS ACTION

L.   UNAFFECTED RIGHTS

M.   GOVERNING LAW AND DISPUTES

N.   GENERAL PROVISIONS

O.   CONTACT US

 

A. APPLICABLE TERMS

JD Finish Line is pleased to provide access to and/or use of the Site in accordance with these Terms. Please take a moment to carefully read through these Terms. As an initial matter, we want to highlight a topic that is detailed below. We expect that our team will be able to resolve any issues you may have as you enjoy the Site. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTION K OF THESE TERMS TO LEARN MORE.

1. Effective Date

These Terms are effective as of the date set forth above. These Terms constitute an agreement that is effective unless and until terminated by JD Finish Line.

2. Modifications to Terms

JD Finish Line reserves the right to modify these Terms at any time, and such terms will become effective upon thirty (30) days. Any use of the Site after these Terms have been modified shall be deemed acceptance of the Terms then in effect. JD Finish Line employees do not have the right to modify these Terms orally or otherwise. You can reject any modified version of the Terms by discontinuing use of the Site. The Terms will survive and remain in full force and effect, and apply to, any event, conduct, transaction or occurrence taking place before any such discontinued use of the Site or related services.

3. Privacy Policy

Our Privacy Policy applies to your access and/or use of the Site. By accessing and/or using the Site, you consent to the collection, use and disclosure of your personal information, including any information previously collected by and for us, as described in the Privacy Policy. This Site is intended for users in the United States and in U.S. Territories where JD Finish Line does business.

4. Additional Terms

These Terms may be supplemented by additional legal notices, rules and/or terms and conditions applicable to other digital services that JD Finish Line may provide in its sole discretion, including a mobile app, a customer loyalty program and promotions, contests and sweepstakes (“Additional Terms”), which may be incorporated into these Terms by reference (in which case, these Terms and such incorporated Additional Terms shall collectively constitute these Terms). Your use of any such other services confirms your unconditional acceptance of the applicable Additional Terms and, as the case may be, these Terms. Nothing in such Additional Terms shall nullify, amend or otherwise modify any of the terms in these Terms unless expressly provided in such Additional Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall govern and apply but only with respect to your use of the services to which the Additional Terms specifically apply.

B. OPERATION OF SITE

JD Finish Line controls and operates the Site from its offices based in the United States and JD Finish Line makes no representation that the Site is appropriate or available for use outside of the United States or certain U.S. Territories. If you use the Site from locations outside of the United States, you are doing so on your own initiative and are responsible for compliance with applicable laws and regulations regarding your access and/or use of the Site. The Site may describe products and/or services that are available only in the United States or in certain U.S. Territories. JD Finish Line reserves the right to limit the availability of the Site and/or the provision of any Site Content (as defined below), feature, product or service described or made available on the Site to any person, geographic area or jurisdiction at any time and in our sole discretion.

C. ACCESS TO SITE; SITE CONTENT; LIMITED LICENSE

1. Information You Provide Us

The Site is general purpose and is not targeted towards children under the age of thirteen (13). By accessing or using the Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are a resident of or located in the United States or a U.S. Territory. If you are under the age of eighteen (18) (or age of majority if higher in your place of residence), you should use the Site only with the involvement of a parent or guardian.

2. Site Content

The Site contains a variety of: (a) materials, features, information and other items relating to JD Finish Line and the products and services offered, and manner in which such products and services are offered, by JD Finish Line and similar products and services from our partners and licensors and other third parties; (b) trademarks, trade dress, logos, trade names, service marks and/or trade identities of various parties, including those of JD Finish Line and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers and certain other third parties; (c) User Generated Content (as defined below); and (d) other forms of intellectual property (collectively, “Site Content”).

JD Finish Line takes great care to ensure that Site Content on the Site is up-to-date, accurate and reliable. There may be occasions when information contained on the Site may be incomplete, erroneous or inaccurate (for example, descriptions of size, price or depicted colors of products offered on the Site). While we try to accurately display the colors of products, the colors you see may vary based on the Device you are using to access and/or use the Site. We may change, remove or in any other way adapt the Site Content at any time and without advance notice, including without limitation availability, specifications, products and prices of products or services. The inclusion of and description of products or services on the Site at a particular time does not imply or warrant that the products or services will be available at any time.

3. Ownership; Limited License

The Site (including past versions) and the Site Content are owned, controlled or licensed by JD Finish Line and/or our parents, subsidiaries, affiliates and/or our respective partners, licensors and service providers and certain other third parties. All right, title and interest in and to the Site Content is the property of JD Finish Line and/or our parents, subsidiaries, affiliates and/or our respective partners, licensors and service providers and certain other third parties and is protected by U.S. and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Site Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another website or distributed in any way without the prior written consent of JD Finish Line. You may not create derivative works from, sell or participate in any sale of, or exploit in any way, any Site Content. However, subject to your compliance with these Terms:

    • we grant you a personal, non-exclusive, non-transferable, limited right to access and/or use the Site, solely for your personal, non-commercial purposes.
    • we grant you a personal, non-exclusive, non-transferable, limited right to create a hyperlink to the Site so long as the link does not portray JD Finish Line or its products or services in a false, misleading, derogatory or otherwise offensive manner.

Subject to these Terms, these rights do not give you any intellectual property interest in any Site Content (excluding your User Generated Content). When accessing and/or using the Site, you must respect the intellectual property rights and other rights of JD Finish Line and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers and other third parties, as the case may be. Your unauthorized use of Site Content may violate intellectual property, unfair competition rights and laws and/or other laws, and/or rights of persons or companies, and any such use may result in your personal liability, including potential criminal liability.

4. Third Party Links

The Site may contain links to and/or functionality interacting with third party websites that are not owned, operated or controlled by JD Finish Line (“Third Party Sites”). Third Party Sites may include sites operated by advertisers, licensors, licensees and other third parties who may have a business relationship with JD Finish Line. Such links and/or functionalities are provided for your convenience. If you use such links and/or functionalities, you may leave the Site. JD Finish Line does not have any control over the content, materials or other information located on or accessible from Third Party Sites and we do not endorse or assume responsibility or any obligation for any such content, materials or other information. We do not guarantee that these links and/or functionalities will be available or error-free, uninterrupted or free from any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device. We do not guarantee that these links and/or functionalities will meet your requirements. We are not responsible for the availability of these other websites or your access to or use of them. IF YOU DECIDE TO ACCESS ANY THIRD PARTY SITE TO OR FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

5. User Generated Content

User Generated Content” or “UGC” refers to all information, comments, photos, captions, descriptions or other content that you provide to JD Finish Line to post and/or post or otherwise transmit yourself to the Site. User Generated Content includes, but is not limited to, profile information, reviews, comments, photos and messages. User Generated Content may be viewable by the public. You are solely responsible for your User Generated Content. Consistent with the license granted below, you acknowledge that JD Finish Line may not pre-screen or approve User Generated Content, but that JD Finish Line reserves the right to review and monitor User Generated Content on the Site and to edit and/or remove any User Generated Content for any reason.

  • By submitting User Generated Content, you represent and warrant that:
    • such UGC is your original work and has not been copied from others and that you own or otherwise control all of the rights to the UGC;
    • you believe, in good faith, that the UGC is true and accurate;
    • you understand, acknowledge and agree that your UGC will be treated by JD Finish Line as non-confidential;
    • your UGC will not be deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;
    • your UGC has not been previously published for commercial purposes;
    • you have permission to use the name or likeness of any person featured in your UGC;
    • your UGC does not violate any rights of any other person or company (including, but not limited to, copyrights, trademark rights, rights of privacy and publicity);
    • the publication of your UGC will not infringe on the rights of any other person or company (including, but not limited to, copyrights and trademark rights);
    • your UGC does not and will not violate these Terms and will not cause injury or harm to any person or company; and
    • you understand, acknowledge and agree that you will not receive any fees or any other consideration for your UGC or for the rights you grant herein in relation to your UGC.
  • By submitting User Generated Content, except as otherwise prohibited by law:
    • you grant JD Finish Line and our parents, subsidiaries, affiliates and our respective partners, licensors and service providers an exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute and display, through the world in any media, any and all such UGC;
    • you grant JD Finish Line the right to use your name, alias, persona and likeness in connection with your UGC; and
    • you waive, and hereby agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner that is not agreeable to you.
  • Your User Generated Content must conform to the following guidelines:
    • UGC must be in a format acceptable to the requirements for submission on the Site.
    • UGC must not have been generated by automated or like methods of submission.
    • UGC must not contain any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device or any user’s access and/or use of the Site.
    • UGC should limit disclosure of your personally identifiable information and must not contain any other person’s personally identifiable information.
    • UGC must not include anything that is unlawful, obscene, offensive, provocative, sexually explicit, pornographic, violent, discriminatory or otherwise objectionable.
    • UGC must not promote alcohol, illegal drugs, tobacco or firearms/weapons (or use of any of the foregoing).
    • UGC must not be used to engage in, or advocate for, harassment of, personal attacks on, or gossip or similar actions regarding any other person, group of persons or company.
    • UGC must not promote any activities that are unlawful or appear to be unsafe or dangerous.
    • UGC must not promote use or maintenance of a product in any manner which is contrary to that stipulated or provided by the product’s manufacturers, distributors or suppliers.
    • UGC must not defame, misrepresent or contain disparaging remarks about JD Finish Line or its products or services or other persons or companies or their products and/or services.
    • UGC should not promote any particular political agenda or message.
    • UGC should not communicate messages or images inconsistent with the positive images and/or goodwill to which JD Finish Line wishes to associate.

6. Restricted Access to Site

You or JD Finish Line may suspend or terminate your access and/or use of the Site at any time for any reason or no reason. You are solely responsible for any of your activity on the Site prior to any such suspension or termination. The Terms will survive and remain in full force and effect after any such suspension or discontinuation of your access and/or use of the Site.

JD Finish Line reserves the right to change, suspend or discontinue any or all aspects of the Site at any time without notice. The Terms will survive and remain in full force and effect after any such change, suspension or discontinuation of any or all aspects of the Site.

Nothing in these Terms constitutes a representation that the Site will be available to you for your access and/or use.

D. USE RESTRICTIONS

  • You agree not to:
    • access and/or use the Site or Site Content in a manner that violates these Terms or any applicable Additional Terms;
    • access and/or use the Site or Site Content in any way that violates any applicable federal, state, local or international law or regulation;
    • modify any of the Site Content, other than by submitting User Generated Content in accordance with these Terms;
    • engage in any conduct that restricts or inhibits any other person’s use of the Site or which, as determined by JD Finish Line, may harm JD Finish Line or users of the Site or expose them to harm or liability;
    • create or maintain any link from another website to any page on the Site;
    • use the Site for any political agenda or purposes;
    • use the Site for any commercial purposes (including, without limitation, for the purposes of advertising, soliciting funds, collecting product prices and selling products);
    • impersonate or attempt to impersonate another person when accessing and/or using the Site;
    • collect any data or information regarding users of the Site and/or their Devices, including usernames, personal information, preferences, email addresses or account information;
    • use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real time activities through the Site;
    • reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other products, services or processes accessible through the Site;
    • test the vulnerability of the Site or any network connected to the Site;
    • interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or the Site Content;
    • use any automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site Content;
    • use any device, software or routine that interferes with the proper working of the Site;
    • introduce any viruses, Trojan horses, spyware or any other technologies or malicious or technologically harmful code that could impact the operation of the Site or any Device;
    • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; or
    • otherwise engage in any other conduct that is detrimental to the use and enjoyment of the Site.

E. USER ACCOUNTS

You may create a user account to access and/or use some features on our websites, mobile/tablet sites and/or mobile applications. When you create a user account, you are also registering for membership in JD Finish Line’s customer loyalty program and are subject to the STATUS Terms and Conditions.

If you are under the age of thirteen (13), you are not permitted to create a user account or otherwise use the Site or submit any personal information to JD Finish Line. If you are otherwise under the age of eighteen (18) (or age of majority if higher in your place of residence), you are not permitted to create a user account or otherwise use the Site or submit any personal information to JD Finish Line without the oversight or involvement of a parent or guardian.

When you create a user account, you will need to provide your first name and last name, a valid email address and your birthday and set your own password. Your email address will be your account username. We also ask you for an address and you have the option of designating the address you give as your shipping and/or billing address. You may also be asked regarding certain preferences you may have, but it’s optional for you to respond to these prompts.

  • When you create a user account, you agree:
    • you will not use a name, email address or username that impersonates another person or violates the rights of any other person or company, including without limitation intellectual property rights, or is otherwise offensive;
    • you will provide true, accurate, current and complete information about yourself in connection with the user account creation process and maintain and update your user account continuously and promptly to keep it true, accurate, current and complete;
    • you are solely responsible for all activities that occur under your account, password and/or username, whether or not you authorized the activity;
    • you are solely responsible for maintaining the confidentiality of your user account credentials (including your username and password) and for restricting access to such information, your user account and Devices through which you may access your user account (so that other persons may not access any password-protected portion of the Site using your user account credentials);
    • you will immediately notify us of any suspected or actual unauthorized use of your user account by contacting onlinefraud@jdsportsus.com; and
    • you will not sell, transfer or assign your user account or any user account rights.

When you create a user account, you will need to provide your first name and last name, a valid email address and your birthday and set your own password. Your email address will be your account username. We also ask you for an address and you have the option of designating the address you give as your shipping and/or billing address. You may also be asked regarding certain preferences you may have, but it’s optional for you to respond to these prompts.

To close your user account, please contact our JD Customer Care Team or our Finish Line Customer Care Team. If you update your user account or your user account is closed, we may not delete residual copies from our servers and may not remove information associated with prior version(s) or deactivated user account(s).

F. COPYRIGHT INFRINGEMENT ALLEGATIONS

1. Copyright Infringement (DMCA Notice)

JD Finish Line will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below.

If you believe your copyright-protected work was posted on the Site without authorization, you may submit a copyright infringement notice (“DMCA Notice”) to JD Finish Line. Misuse of this process may result in the suspension of your access to the Site or other legal consequences.

  • A DMCA Notice should contain all of the following information:
    • a subject line that states: “DMCA Copyright Infringement Notice”;
    • your name, as the copyright owner, or of the person authorized to act on your behalf;
    • a description of the copyright-protected work that is claimed to have been used without authorization;
    • a description of where the Site Content that is claimed to have been used without authorization is located on the Site (if applicable, provide the URL of the Site link where the Site Content may be found);
    • your address, telephone number and email address, as the copyright owner, or of the agent authorized to act on your behalf; and
    • the statement, “I hereby state that I have a good faith belief that the disputed use of copyright materials is not authorized by the copyright owner, its agent or the law (e.g., as a fair use).”; and
    • the statement, “I hereby state that the information in this notice is accurate and, under the penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and
    • your electronic or physical signature, as the copyright owner, or the electronic or physical signature of the person authorized to act on your behalf.

The DMCA Notice, with all terms completed, should be delivered to JD Finish Line:

The Finish Line, Inc. (d/b/a Finish Line and JD Sports)

3308 North Mitthoeffer Road

Indianapolis, Indiana 46235

Attn: General Counsel

2. Copyright Infringement (DMCA Counter-Notice)

JD Finish Line will respond appropriately to counter-notices to alleged copyright infringement claims that comply with the DMCA, as set forth below.

If you believe your work, including User Generated Content, was removed or disabled from our Site as a result of a DMCA Notice by mistake or misidentification of the Site Content to be removed or disabled, you may send, as a subscriber, a copyright infringement counter-notice (“DMCA Counter-Notice”) to JD Finish Line. Misuse of this process may result in the suspension of your access to the Site or other legal consequences.

  • A DMCA Counter-Notice should contain the following information:
    • a subject line that states: “DMCA Counter-Notification”;
    • your name, as the subscriber, or of the person authorized to act on your behalf;
    • identification of the Site Content that was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    • your name, address, telephone number and email address, as the subscriber;
    • the statement, “I hereby consent to the jurisdiction of the United States District Court for the judicial district where I reside or, if my address is outside of the United States, for any United States District Court in the State of Indiana and I will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.”; and
    • your electronic or physical signature, as the subscriber, or the electronic or physical signature of the person authorized to act on your behalf.

The DMCA Counter-Notice, with all terms completed, should be delivered to JD Finish Line:

The Finish Line, Inc. (d/b/a Finish Line and JD Sports)

3308 North Mitthoeffer Road

Indianapolis, Indiana 46235

Attn: General Counsel

G. THIRD PARTY TERMS

1. Third Party Links

When you access a Third Party Site from the Site, you may be further subject to, and hereby agree to comply with as applicable, such third party’s terms of use, privacy policy and/or applicable terms and conditions.

2. Terms Applicable to Devices

If you are accessing and/or using the Site through a Device, you may be further subject to, and hereby agree to comply with as applicable, the additional terms and conditions of the Device manufacturer arising from your access and/or use of such Device.

3. Service Provider Terms

We may engage other companies to assist us in providing certain services to you (our “Service Providers”). Depending on those services, additional terms and conditions of those Service Providers’ services (“Service Provider Terms”) may apply to your access to and use of the Site or otherwise your access to or use of the Service Providers’ services in connection with your access to and use of the Site, and in such cases, such Service Provider Terms are incorporated herein.

4. Google Specific Terms

    • JD Finish Line may utilize Invisible reCAPTCHA on the Site to protect against threats and abuse posed by automated software. Your interaction with the Site and, thereby, the Invisible reCAPTCHA service is also subject to the applicable Google Terms of Use and Google Privacy Policy.
    • JD Finish Line may utilize Google Maps APIs so that Google Maps can be used with the Site. User interaction with the Site and, thereby, Google Maps is also subject to the Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy.

H. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

YOU AGREE THAT NEITHER JD FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE SITE, SITE CONTENT OR INFORMATION ON THE SITE OR ACCESSIBLE FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE, NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS OR PROMISES, EXPRESS OR IMPLIED, ARE MADE BY ANY OF JD FINISH LINE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WITH RESPECT TO:
    • THE FUNCTIONS, FEATURES OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH, THE SITE;
    • ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT OR LINKED THROUGH THE SITE (SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY);
    • SECURITY ASSOCIATED WITH THE TRANSMISSION OF USER GENERATED CONTENT TRANSMITTED VIA THE SITE;
    • WHETHER THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE FROM ANY HARMFUL COMPONENTS (SUCH AS ANY VIRUSES, TROJAN HORSES, SPYWARE OR ANY OTHER TECHNOLOGIES OR MALICIOUS OR TECHNOLOGICALLY HARMFUL CODE THAT COULD IMPACT THE OPERATION OF THE SITE OR ANY DEVICE);
    • WHETHER INFORMATION ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE;
    • WHETHER ANY DEFECTS OR ERRORS ON THE SITE WILL BE REPAIRED OR CORRECTED;
    • WHETHER THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; AND
    • WHETHER YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE FOREGOING EXCLUSIONS OF WARRANTIES, EXPRESS OR IMPLIED, DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

I. LIMITATION OF LIABILITY

  • EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE THAT NEITHER JD FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES NOR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES RESULTING FROM:
    • YOUR INABILITY OR FAILURE FOR ANY REASON TO COMPLY WITH THESE TERMS;
    • YOUR ACCESS TO AND/OR USE OR INABILITY TO ACCESS AND/OR USE THE SITE;
    • THE PERFORMANCE OF THE SITE;
    • ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION;
    • ANY VIRUSES, TROJAN HORSES, SPYWARE OR ANY OTHER TECHNOLOGIES OR MALICIOUS OR TECHNOLOGICALLY HARMFUL CODE THAT COULD IMPACT THE OPERATION OF THE SITE OR ANY DEVICE;
    • ANY NON-DELIVERY, LOSS, THEFT, MISAPPROPRIATION, MIS-DELIVERY, CORRUPTION, DESTRUCTION OF, OR OTHER MODIFICATION TO, DATA TRANSMITTED VIA THE SITE;
    • ANY INACCURACIES OR OMISSIONS IN SITE CONTENT;
    • ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY JD FINISH LINE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES OR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS REGARDING THE SITE, INCLUDING WITHOUT LIMITATION REGARDING YOUR ACCESS TO AND/OR USE OF THE SITE;
    • ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS;
    • ANY CONDUCT, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OF ANY USER OF THE SITE;
    • ANY CRIMINAL, TORTIOUS OR NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER USERS OF THE SITE;
    • ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION BY OTHER USERS OR THIRD PARTIES; OR
    • EVENTS BEYOND OUR REASONABLE CONTROL.
  • EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE THAT:
    • NEITHER JD FINISH LINE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES NOR OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE SITE OR ANY OF ITS FEATURES OR ANY OF THE SITE CONTENT, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF RELATING TO THE SITE, SITE CONTENT OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. AN ACTION IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION K.1 (Informal Dispute Resolution), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE DISPUTE NOTICE (DEFINED BELOW). YOU AND WE EACH WAIVE THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.
    • YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SITE CONTENT.

J. INDEMNIFICATION

  • EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND OTHERWISE HOLD HARMLESS JD FINISH LINE AND OUR PARENTS, SUBSIDIARIES, AFFILIATES AND OUR RESPECTIVE PARTNERS, LICENSORS OR SERVICE PROVIDERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION OR DEMAND ARISING FROM OR OTHERWISE RELATED TO:
    • YOUR ACCESS TO AND/OR USE OF THE SITE AND ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE SITE;
    • YOUR VIOLATION OF ANY LAW, RULE, REGULATION, THE RIGHTS OF ANY THIRD PARTY, OR THESE TERMS; OR
    • YOUR USER GENERATED CONTENT.

THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY WHERE ANY SUCH THIRD PARTY CLAIM, ACTION OR DEMAND RESULTED FROM ANY OF THE RELEASED PARTIES’ OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT.

K. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; WAIVER OF CLASS ACTION

Notwithstanding anything to the contrary in these Terms, this Section K (the “Arbitration Agreement”) shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

1. Informal Dispute Resolution.

In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (each a “Dispute”), the party asserting the Dispute (as between you and JD Finish Line) will first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) (a “Dispute Notice”). A Dispute Notice must describe the facts and circumstances (including any relevant documentation) of the Dispute. The party sending the Dispute Notice must allow the receiving party thirty (30) days in which to respond to or settle the Dispute.

A Dispute Notice shall be sent to (as the case may be):

(1) JD Finish Line at The Finish Line, Inc. (d/b/a Finish Line and JD Sports), 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235, Attn: General Counsel, or  

(2) you at your last-used billing address or the billing and/or shipping address in your user account (if you choose to create such an account).

Each of JD Finish Line and you agree that this dispute resolution procedure and good faith negotiations is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

2. Arbitration; Small Claims Court Claims Exception.

To the extent a Dispute subject to the informal dispute resolution procedure described above cannot be resolved, the Dispute shall be resolved through binding individual arbitration. You and we agree to give up our rights to go to court to assert or defend our rights under these Terms and with respect to any Dispute. You and JD Finish Line expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would.

If either party files a court proceeding in violation of this provision (other than an individual claim in small claims court or a claim to enjoin infringement of intellectual property rights), he/she/it agrees to be responsible to pay any costs and expenses, including reasonable attorneys’ fees, that are incurred by the other party in enforcing these dispute resolution provisions.

You may begin an arbitration proceeding by sending a letter requesting arbitration to JD Finish Line at The Finish Line, Inc. (d/b/a Finish Line and JD Sports), 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235, Attn: General Counsel. JD Finish Line may begin an arbitration proceeding by sending a letter requesting arbitration to you at your last-used billing address or the billing and/or shipping address in your user account (if you choose to create such an account).

You and we agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement, and that there will only be one arbitrator, not a panel. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. JD Finish Line will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. JD Finish Line waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award JD Finish Line the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.

All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

In lieu of arbitration, either you or JD Finish Line may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

Notwithstanding this Arbitration Agreement, you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section M shall govern any claim in court arising out of or related to the Agreement.

3. Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. YOU AND JD FINISH LINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR ITS RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND JD FINISH LINE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. If a court decides that applicable law precludes enforcement of any of this Section K’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

4. 30-Day Right to Opt Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section K by sending written notice of your decision to opt-out to the following address via certified mail: JD Finish Line at The Finish Line, Inc. (d/b/a Finish Line and JD Sports), 3308 N. Mitthoeffer Road, Indianapolis, Indiana 46235, Attn: General Counsel. The notice must be sent within thirty (30) days of your first use of the Site after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, JD Finish Line also will not be bound by them.

L. UNAFFECTED RIGHTS

NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY RIGHTS AVAILABLE UNDER APPLICABLE LAW WHICH CANNOT BE EXCLUDED OR LIMITED. THIS MEANS THAT THESE TERMS WILL NOT CHANGE ANY RIGHTS WHICH THE LAW GRANTS TO YOU WHICH THAT LAW DOES NOT ALLOW US TO CHANGE OR LIMIT. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR MORE CULPABLE CONDUCT OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE.

M. GOVERNING LAW AND DISPUTES

Except as otherwise provided herein, these Terms, and any dispute arising out of the Site, your access and/or use of the Site or these Terms, shall be governed by and construed in accordance with the laws of the State of Indiana, United States, notwithstanding any conflicts of law principles, and any action relating to any dispute arising out of the Site, your access and/or use of the Site or these Terms (other than an action subject to mandatory arbitration under Section K) must be filed and maintained in a state or federal court located in Marion County, State of Indiana, United States, and you consent to exclusive jurisdiction and venue in such courts for such purpose.

N. GENERAL PROVISIONS

1. All Rights Not Granted

These Terms include only narrow, limited grants of right to use and/or access the Site and the Site Content. No right or license may be construed, under any legal theory, by implication, industry custom or otherwise. All rights not expressly granted to you herein are reserved by JD Finish Line for itself and, as the case may be, for our parents, subsidiaries, affiliates and our respective partners, licensors and service providers.

2. Waiver and Severability

A waiver by JD Finish Line of any term or condition set out by these Terms shall be effective only if in writing signed by a duly authorized representative of JD Finish Line. No waiver by JD Finish Line of any term or condition set out by these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of JD Finish Line to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

3. Entire Agreement

These Terms constitute the sole and entire agreement between you and JD Finish Line regarding your access to and/or use of the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.

O. CONTACT US

If you have questions about these Terms of Use, please contact us at:

The Finish Line, Inc. (d/b/a Finish Line and JD Sports)

3308 North Mitthoeffer Road

Indianapolis, Indiana 46235

Attn: General Counsel

generalcounsel@finishline.com or generalcounsel@jdsportsus.com

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