Shoebacca, Ltd. d/b/a shoebacca.com

Last Updated: July 27, 2026

These Terms & Conditions (“Terms”) are a binding legal agreement between you (“you” or “your”) and Shoebacca, Ltd., a Texas limited partnership doing business as shoebacca.com (“Shoebacca,” “we,” “us,” or “our”), and govern your access to and use of the website located at www.shoebacca.com and any related subdomains, mobile applications, features, content, and services (collectively, the “Site”) and your purchase of any products through the Site. By accessing, browsing, registering with, or making a purchase through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION (SECTION 22) AND A CLASS ACTION AND COLLECTIVE ACTION WAIVER (SECTION 23) THAT AFFECT YOUR LEGAL RIGHTS AND LIMIT HOW DISPUTES BETWEEN YOU AND SHOEBACCA CAN BE RESOLVED. UNLESS YOU OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 22, YOU AND SHOEBACCA AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS.

1. Acceptance of These Terms

These Terms apply to all visitors, users, and customers who access or use the Site. By accessing or using the Site, creating an account, or placing an order, you represent that you have the legal capacity to enter into a binding contract and agree to be bound by these Terms. If you are using the Site on behalf of a business or other entity, you represent that you are authorized to bind that entity, and “you” refers to that entity.

2. Changes to These Terms

We may revise, update, or modify these Terms at any time in our sole discretion. When we do, we will revise the “Last Updated” date above and post the revised Terms on the Site. Any changes are effective when posted unless otherwise stated. Your continued access to or use of the Site after the revised Terms take effect constitutes your acceptance of the changes; if you do not agree, you must stop using the Site. Any change to the arbitration provision in Section 22 will not apply to any dispute of which we had actual notice before the change took effect.

3. Eligibility

The Site is intended for users who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old, or that you are a minor using the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You further represent that you are not barred from receiving products or services under applicable law and that your use of the Site complies with all applicable laws and regulations.

4. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, and share information about you. Please review the Privacy Policy carefully. By using the Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

5. Account Registration and Security

Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your devices, and you accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss arising from your failure to safeguard your account credentials.

6. License to Use the Site

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site solely for your personal, non-commercial purpose of shopping for personal items. This license does not include any right to resell or make commercial use of the Site or its contents; to collect and use product listings, descriptions, or prices; to make derivative use of the Site; to use any data mining, robots, scraping, or similar data-gathering or extraction tools; or to download or copy account information for the benefit of any third party. The Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted to you are reserved by us and our licensors.

7. Prohibited Conduct

You agree not to use the Site in any manner that violates applicable law or these Terms. Without limiting the foregoing, you are prohibited from uploading to, posting on, or transmitting through the Site any information or material that: (a) violates or infringes the intellectual property, privacy, publicity, or other proprietary rights of any person; (b) is unlawful, libelous, threatening, harassing, defamatory, obscene, indecent, pornographic, or otherwise objectionable, or that could give rise to civil or criminal liability; or (c) contains any viruses, worms, Trojan horses, malware, or other harmful code. You further agree not to interfere with or disrupt the Site, attempt to gain unauthorized access to any portion of the Site, or use the Site to transmit unsolicited commercial communications. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in our reasonable discretion, if we determine that your conduct violates these Terms or applicable law or is harmful to Shoebacca or other users.

8. Product Descriptions, Pricing, and Availability

We attempt to describe and display our products and prices as accurately as possible. However, we do not warrant that product descriptions, colors, pricing, availability, or other content on the Site are accurate, complete, reliable, current, or error-free. Prices and availability are subject to change without notice. If a product is listed at an incorrect price or with incorrect information due to a typographical, pricing, or product-information error, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and whether or not your payment method has been charged. If your order is canceled after your payment method has been charged, we will issue a refund in the amount of the charge.

(a) Product Pricing Information
The prices displayed on our Site may differ from prices that are available in stores or in catalogs. If you are in the U.S. or Canada, Site prices will be displayed in U.S. Dollars.

We use “MSRP” to refer to the manufacturers’ suggested retail price (MSRP) for branded products (e.g., adidas®, PUMA®). MSRP is a reference to a price at which the manufacturer recommends that the item be offered or sold by retailers, which may or may not include Shoebacca. Prices vary amongst sellers and change over time, so the MSRP may not represent an average price, prevailing price, or an offering price at any particular time in any particular location.

Where applicable, “MSRP” prices will be listed in greyscale and/or strikethrough along with our “Our” pricing in red or black online (ex., MSRP $49.99, Our $39.99). “Our” price refers to the everyday value price we offer to our customers.

9. Orders; Acceptance and Refusal

Your submission of an order constitutes an offer to purchase a product subject to these Terms. All orders are subject to our acceptance. We may, in our discretion, accept, decline, or limit any order for any lawful reason, including suspected fraud, quantities that exceed typical retail purchases, or errors in pricing or product information. An order confirmation or acknowledgment does not constitute our acceptance of an order; acceptance occurs when we ship the applicable product. We reserve the right to limit quantities purchased per person, per household, or per order.

10. Payment

You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when the charges are incurred, including all applicable taxes and shipping and handling fees. You represent and warrant that you are authorized to use the payment method you provide and that the payment information you supply is true, correct, and complete. You authorize us and our third-party payment processors to charge your payment method for the total amount of your order.

11. Shipping, Title, and Risk of Loss

Unless otherwise stated at checkout, title to and risk of loss for products purchased by you pass to you upon our delivery of the items to the carrier. Delivery dates and shipping-time estimates are not guaranteed. You are responsible for filing any claims with carriers for damaged or lost shipments for which you bear the risk of loss.

12. Returns, Refunds, and Cancellations

If you are not fully satisfied with your purchase, you may return eligible items in accordance with our Return Policy, which is incorporated into these Terms by reference and available on the Site. Refunds, exchanges, and cancellations are governed by the Return Policy in effect at the time of your purchase.

13. Reviews, Comments, and User Content

The Site may allow you to submit ratings, reviews, comments, photographs, ideas, suggestions, and other content (collectively, “User Content”). You retain ownership of your User Content. By submitting User Content, you grant Shoebacca a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from your User Content in any media and for any purpose, including advertising and marketing, without compensation or attribution to you. When you submit User Content, you represent and warrant that you are the sole author and owner of the content or have all necessary rights to grant this license; that the content is accurate; that you are at least 13 years old; and that your submission does not violate these Terms or any law or infringe the rights of, or cause injury to, any person or entity. User Content is treated as non-confidential and non-proprietary. We are not obligated to post, retain, or use any User Content and may remove or edit it in our discretion.

14. Intellectual Property

All content on the Site, including text, graphics, logos, button icons, images, audio, video, data compilations, and software, is the property of Shoebacca, its affiliates, or its suppliers and is protected by United States and international copyright and other intellectual property laws. The compilation, arrangement, and assembly of all content on the Site is the exclusive property of Shoebacca. Except as expressly permitted by these Terms, you may not use, reproduce, distribute, modify, or create derivative works of any Site content without our prior written consent.

15. Trademarks

SHOEBACCA, shoebacca.com, and our logos and trade names are trademarks or registered trademarks of Shoebacca, Ltd. or its affiliates. You may not use any Shoebacca trademark without our prior written consent. All other trademarks, service marks, and trade names appearing on the Site that are not owned by Shoebacca or its affiliates are the property of their respective owners, and no endorsement or affiliation is implied by their appearance on the Site.

16. Third-Party Links and Content

The Site may contain links to websites, resources, or content owned or operated by third parties. We provide these links for your convenience only and do not endorse and are not responsible for the operation, content, products, services, or privacy practices of any third-party site. Your use of any third-party site is at your own risk and subject to the terms and policies of that site.

17. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS, SERVICES, CONTENT, AND MATERIALS OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. SHOEBACCA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. SHOEBACCA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AFFECTS ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU AS A CONSUMER.

For California residents: Notwithstanding the foregoing disclaimer, nothing in these Terms waives, limits, or disclaims the implied warranty of merchantability or any other implied warranty to the extent that warranty is non-waivable under the California Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.). Those implied-warranty rights are preserved for California residents to the extent required by that Act.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHOEBACCA OR ITS AFFILIATES, OR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOEBACCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOEBACCA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO SHOEBACCA FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE TERMINATION OF THESE TERMS.

Nothing in these Terms, and in particular nothing in this Section 18 or in Section 17, excludes or limits Shoebacca’s liability for: (a) fraud, fraudulent misrepresentation, or willful or intentional misconduct; (b) gross negligence, to the extent liability for gross negligence cannot lawfully be limited; (c) death or personal injury resulting from products purchased through the Site or from Shoebacca’s negligence; or (d) any other liability or remedy that cannot be excluded or limited under applicable law, including non-waivable remedies under the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.). Consistent with California Commercial Code § 2719(3), any limitation of consequential damages for personal injury in connection with consumer goods is unenforceable and does not apply.

19. Indemnification

You agree to indemnify, defend, and hold harmless Shoebacca, Ltd., its affiliates, and their respective partners, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) your User Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us.

20. Termination

We may, in our discretion and without prior notice, suspend, restrict, terminate, or discontinue your account or your access to all or any part of the Site at any time, with or without cause. We also reserve the right to modify, suspend, or discontinue any or all aspects of the Site at any time without notice or liability. You remain personally liable for any orders placed or charges incurred prior to termination. Provisions of these Terms that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, arbitration, the class action and collective action waiver, governing law, and the miscellaneous provisions, will survive termination.

21. Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products or services purchased through the Site, whether sounding in contract, tort, statute, or otherwise, are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice-of-law or conflict-of-laws rule or principle (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The foregoing is subject to Section 22 (Mandatory Arbitration), which is governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22. Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SHOEBACCA TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF. This Section 22 (the “Arbitration Agreement”) is governed by the Federal Arbitration Act, 9 U.S.C. sec. 1 et seq., and evidences a transaction involving interstate commerce.

(a) Scope. Except for the disputes described in subsection (b), you and Shoebacca agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any products or services purchased through the Site, or the relationship between you and Shoebacca (a “Dispute”) will be resolved exclusively by final and binding individual arbitration, rather than in court. This includes disputes about the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that a court, and not the arbitrator, will decide any challenge to the enforceability of the class action and collective action waiver in Section 23.

(b) Exceptions. This Arbitration Agreement does not require arbitration of: (i) an individual claim brought in small claims court, so long as it remains in that court and proceeds only on an individual basis; or (ii) a request for temporary, preliminary, or emergency injunctive or other equitable relief as described in subsection (g). Either party may also bring an individual action to enforce an arbitration award.

(c) Informal Dispute Resolution. Before initiating arbitration, the initiating party must first send the other party a written notice of Dispute describing the nature and basis of the claim and the relief sought. A notice to Shoebacca must be sent to the address in Section 29. You and Shoebacca will attempt in good faith to resolve the Dispute informally for at least sixty (60) days after the notice is received. If the Dispute is not resolved within that period, either party may commence arbitration.

(d) Administrator and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) in effect when the arbitration is commenced, as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, you and Shoebacca will select an alternative reputable administrator, such as JAMS; if the parties cannot agree, a court of competent jurisdiction will appoint the administrator. The arbitration will be conducted by a single neutral arbitrator.

(e) Location and Format. Unless the parties agree otherwise, the arbitration will take place in Dallas County, Texas, or, at your election, in the county of your residence, or by telephone, videoconference, or on the basis of written submissions where permitted by the AAA Rules. The arbitrator’s decision will be in writing and will state the essential findings and conclusions on which it is based. Judgment on the award may be entered in any court having jurisdiction.

(f) Fees and Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that Shoebacca will pay or reimburse those fees to the extent required by the AAA Rules for consumer arbitrations or to the extent necessary for this Arbitration Agreement to be enforceable. In addition, for any consumer who resides in California (and for any consumer in any other jurisdiction where necessary for this Arbitration Agreement to be enforceable), Shoebacca will pay all arbitration filing, administration, and arbitrator fees that exceed the filing fee the consumer would have been required to pay to initiate the same claim in the applicable state or federal court. Each party will otherwise bear its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees and costs to the prevailing party to the extent authorized by applicable law, and may allocate fees if a claim or defense is found to be frivolous or brought for an improper purpose.

(g) Emergency and Injunctive Relief. Notwithstanding this Arbitration Agreement, either party may seek temporary, preliminary, or emergency injunctive or other equitable relief in a court of competent jurisdiction (as described in Section 24) to prevent actual or threatened harm to, or to preserve the status quo with respect to, that party’s rights pending the outcome of arbitration. This subsection applies equally to you and to Shoebacca, including with respect to any actual or threatened infringement, misappropriation, or violation of either party’s intellectual property or other rights. Seeking such relief will not waive the right to arbitrate.

(h) Your Right to Opt Out. You may opt out of this Arbitration Agreement. To opt out, you must send written notice of your decision to Shoebacca, Ltd. at the mailing or email address in Section 29 within thirty (30) days after you first accept these Terms. Your notice must include your full name, mailing address, and the email address associated with your account, and must clearly state that you wish to opt out of the Arbitration Agreement. If you opt out, this Section 22 will not apply to you, but all other provisions of these Terms, including Section 24 (Forum Selection) and the class action and collective action waiver in Section 23, will continue to apply. Opting out has no effect on any prior arbitration agreement between you and Shoebacca.

(i) Future Changes. If we make any material change to this Arbitration Agreement in the future, the change will not apply to any Dispute of which we had actual notice on the effective date of the change, and you may reject the change by sending us written notice within thirty (30) days as described in subsection (h).

(j) Severability. If any portion of this Arbitration Agreement other than the class action and collective action waiver in Section 23 is found to be unenforceable, that portion will be severed and the remainder of this Arbitration Agreement will be enforced. If the class action and collective action waiver in Section 23 is found unenforceable as to a particular claim or request for relief, that claim or request for relief will be severed and adjudicated in a court of competent jurisdiction under Section 24, and all other claims will be arbitrated.

(k) Acknowledgment and Assent. You agree to these Terms, including this Arbitration Agreement and the Class Action and Collective Action Waiver in Section 23, by affirmatively indicating your assent — for example, by checking an unchecked box stating “I have read and agree to the Terms & Conditions, including the Arbitration Agreement and Class Action and Collective Action Waiver,” presented together with a hyperlink to the full Terms, before you create an account or complete a purchase. You are not required to accept these Terms and may review the full Terms through the hyperlink before assenting.

23. Class Action and Collective Action Waiver

YOU AND SHOEBACCA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. Unless both you and Shoebacca agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, collective, or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Notwithstanding the foregoing, this waiver does not bar, waive, or limit your right to seek public injunctive relief — that is, injunctive relief having the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public — in any forum to the extent that right is non-waivable under California law, including under McGill v. Citibank, N.A. and the California Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law. If a claim or request for public injunctive relief is asserted, that claim or request (and only that claim or request) will be severed and, if not subject to arbitration, adjudicated in a court of competent jurisdiction under Section 24, while all other claims will be resolved in individual arbitration. If a court or arbitrator decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, will be severed and may be brought in a court of competent jurisdiction under Section 24, and all remaining claims and requests for relief will be arbitrated on an individual basis. The severance or unenforceability of any particular claim or request for relief will not render the remainder of this waiver or the Arbitration Agreement in Section 22 null, void, or unenforceable. This waiver applies whether or not you opt out of arbitration under Section 22.

24. Forum Selection; Venue and Personal Jurisdiction

For any Dispute that is not subject to arbitration (including any Dispute for which you have opted out of arbitration under Section 22, any claim excluded from arbitration under subsection 22(b), any request for injunctive or equitable relief under subsection 22(g), or any Dispute if the Arbitration Agreement is found not to apply), you and Shoebacca agree that the Dispute must be brought and litigated exclusively in the state courts located in Dallas County, Texas, or in the United States District Court for the Northern District of Texas, Dallas Division. You and Shoebacca irrevocably consent to the exclusive personal jurisdiction and venue of these courts and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens. These are the sole and exclusive forums for any such Dispute. Notwithstanding the foregoing, if you are a California resident, you may bring a claim arising under a non-waivable California consumer-protection statute — including the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), the Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.) — in a state or federal court located in the county of your residence or in another California judicial district where venue is proper, to the extent the Texas forum selection above would otherwise be unenforceable as applied to that claim. This provision does not waive Shoebacca’s right to compel arbitration of any arbitrable claim under Section 22.

25. Equitable Relief and Remedies

You acknowledge that a breach or threatened breach of these Terms, including any actual or threatened infringement or misappropriation of Shoebacca’s intellectual property or proprietary rights, may cause Shoebacca irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, subject to Sections 22 and 24, Shoebacca is entitled to seek specific performance and injunctive or other equitable relief, without the necessity of posting a bond, in addition to any other remedies available at law or in equity, together with reasonable expenses, including attorneys’ fees, to the extent permitted by law. No right or remedy of Shoebacca is exclusive of any other. No waiver by Shoebacca of any right or remedy under these Terms will imply any obligation to grant any similar, future, or other waiver.

26. Electronic Communications and Marketing

By using the Site or providing your contact information, you consent to receive electronic communications from us, including communications relating to your account and orders, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Unless you have chosen to subscribe to our newsletter or other marketing communications, we will not use your registration information to send you promotional materials. We do not sell or release your user name, email address, or registration information to third parties for their own marketing except as described in our Privacy Policy. You may opt out of marketing communications at any time by clicking the unsubscribe link in any marketing email. If you consent to receive text (SMS) messages, message and data rates may apply, and you may opt out by replying STOP.

27. Force Majeure

Shoebacca will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental actions, power or telecommunications failures, carrier delays, or supply-chain disruptions.

28. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, the Return Policy, and any other policies or terms referenced herein or presented at the point of sale, constitute the entire agreement between you and Shoebacca regarding the Site and supersede all prior or contemporaneous understandings and agreements on that subject.
Severability. Except as otherwise provided in Sections 22 and 23, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment in violation of this provision is void. We may freely assign these Terms, in whole or in part, to any successor or affiliate.

No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that or any other provision.

No Third-Party Beneficiaries. Except for the indemnified parties identified in Section 19 and Shoebacca’s affiliates, these Terms do not create any third-party beneficiary rights.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

Time to Bring Claims. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Site must be brought within one (1) year after the claim accrues; otherwise, the claim is permanently barred. This one-year limitation does not apply to, and does not shorten, any limitations period that cannot be shortened by agreement under applicable non-waivable law, including claims under the California Consumers Legal Remedies Act (subject to a three-year limitations period, Cal. Civ. Code § 1783) and the California Unfair Competition Law (subject to a four-year limitations period, Cal. Bus. & Prof. Code § 17208), each of which remains governed by its respective statutory period.

Notices. We may provide notices to you by email, by posting on the Site, or by other reasonable means. You may provide notices to us at the address in Section 29.

29. Contact Us

If you have questions about these Terms, or to send any notice required under these Terms (including an opt-out notice under Section 22), please contact us at: Shoebacca, Ltd., Attn: Legal Department, 520 N. Wildwood, Irving, Texas 75061, or by email at legal@shoebacca.com. Please include your name, mailing address, and the email address associated with your account.