By using our website, mobile app or other online services, you agree to these Terms of Use and our Privacy Policy.
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TERMS OF USE
Updated as of: March 2024
Prior Version: January 2024
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:
C. ACCESS TO SITE; SITE CONTENT; LIMITED LICENSE
F. COPYRIGHT INFRINGEMENT ALLEGATIONS
K. ARBITRATION AGREEMENT; WAIVER OF CLASS ACTION
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
“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:
By submitting User Generated Content, except as otherwise prohibited by law:
Your User Generated Content must conform to the following guidelines:
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.
You agree not to:
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 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:
We may reject the use of any email address or password for any reason in our sole discretion. We reserve the right to disable, suspend or terminate your user account or otherwise deny you access to your user account or its benefits in our sole discretion, for any reason and without advance notice or liability.
To close your user account, please either (i) contact our JD Customer Care Team or our Finish Line Customer Care Team or, if applicable, (ii) complete a “Delete My Account” request once signed into your user account on the applicable mobile application (e.g., Finish Line Mobile Application or JD Sports Mobile Application) on your mobile device. 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).
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:
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 N. Mitthoeffer Road
Indianapolis, Indiana 46235
Attn: General Counsel
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:
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 N. Mitthoeffer Road
Indianapolis, Indiana 46235
Attn: General Counsel
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.
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.
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.
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 NEITH​ER 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 FOREGOING EXCLUSIONS OF WARRANTIES, EXPRESS OR IMPLIED, DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
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:
EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU AGREE THAT:
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:
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.
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 and federal arbitration law. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, then this entire Arbitration Agreement shall be invalidated.
1. Informal Dispute Resolution.
In the event of any controversy, claim, action or dispute arising out of or related to the use of or any transaction conducted on the Site, or our services (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 identify the claimant by name and be signed personally, and describe the claims, facts and circumstances (including any relevant documentation) of the Dispute in reasonable detail, including the specific relief requested. 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 or loyalty 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, but the condition precedent has been met, the Dispute shall be resolved through binding individual arbitration. With the exception of small claims court, and any claim or dispute regarding the interpretation and enforceability of the Arbitration Agreement (such as the issue of arbitrability), you and we agree to give up our rights to go to court with respect to any Dispute. You and JD Finish Line expressly delegate to the courts of competent jurisdiction 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 as expressly allowed herein), 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 National Arbitration and Mediation (NAM) pursuant to its applicable rules and fee schedule, as modified by this Arbitration Agreement, and that there will only be one arbitrator, not a panel. In the event NAM is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of case management and arbitrator fees will be governed by NAM’s applicable rules; however, all filing and administrative fees will be paid by the initiating/filing party. JD Finish Line will reimburse all fees and costs 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, 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, your claim may be temporarily stayed or phased to allow the NAM to establish efficient and fair adjudication procedures upon hearing from the parties.
All documents and information disclosed in the course of the arbitration after an arbitrator has been appointed 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 this agreement, or 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. 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.
All arbitrations shall proceed on an individual basis unless all parties agree otherwise. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. If this Arbitration Agreement is invalidated, 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.
YOU AND JD FINISH LINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER 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, AND TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER).
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 the effective date of these Terms and upon notice to you, 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.
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
Except as otherwise provided herein, these Terms, and any dispute arising out of the Site, transactions between us, and 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 the foregoing (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.
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.
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.
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.
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 N. Mitthoeffer Road
Indianapolis, Indiana 46235
Attn: General Counsel
generalcounsel@finishline.com or generalcounsel@jdsportsus.com
