TERMS OF USE

 

Johnston & Murphy Text Alerts: Terms and Conditions

This Agreement is effective unless and until terminated by either you or the Company. Either of us may terminate this Agreement at any time without notice.

REMEMBER -- IF YOU REGISTER WITH THE SITE, SIGN UP FOR FREE E-MAIL, PURCHASE SOMETHING FROM JOHNSTON & MURPHY, OR ENTER ANY OF OUR CONTESTS, YOU AGREE TO THESE TERMS. AS WE UPDATE AND EXPAND OUR SERVICES, THIS POLICY MIGHT CHANGE, SO CHECK IT OUT FROM TIME TO TIME.

  1. For your convenience, Johnston & Murphy offers a SMS/MMS (“Text”) program to enable you to receive text notifications regarding 1) information about special promotions, offers, sales and events (“Program”) and 2) messages that provide important information such as confirmation of orders, payment, shipping and delivery notifications (“Transactional Texts”). Your carrier's standard messaging rates apply to your entry or submission message, our confirmation, and all subsequent SMS correspondence. Message and Data Rates may apply. To subscribe to the promotional Johnston & Murphy Program, text JOIN to 561850. To subscribe to Johnston & Murphy Transactional Texts, click the opt-in box during checkout.
  2. By subscribing to the Program, you provide your opt-in consent to receive recurring autodialed marketing messages to the telephone number you used to send your text message. We will not use autodialed texts to contact you for marketing purposes at the phone number you provide unless we receive your prior express written consent. Message frequency may vary. Data rates may apply. Consent is not a condition of purchase.
  3. By subscribing to Transactional Texts, you provide your opt-in consent to receive recurring autodialed transactional messages regarding orders placed on www.johnstonmurphy.com to the telephone number entered when placing your order. Once opted in to Transactional Texts, you may receive future text messages regarding orders placed when using the telephone number during checkout, if still opted in to Texts. We will not use autodialed texts to contact you for marketing purposes at the phone number you provide unless we receive your prior express written consent. Message frequency may vary. Data rates may apply. Consent is not a condition of purchase.
  4. There is no fee to join the Johnston & Murphy Program or to receive messages, and participation is not conditioned on the purchase of any goods or services. 
  5. To stop receiving Texts, you can opt out via text message by sending a text that says "STOP" to 561850. If you opt out of the Program, you will stop receiving texts regarding information about special promotions, offers, sales and events. If you opt out of the Program but have active orders, then you will continue to receive Transactional Texts. You may also contact Customer Service 1 (800) 242-2854 to opt out of Johnston & Murphy Texts, at any time.
  6. Downloading content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your wireless carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your wireless carrier. The wireless carriers are not liable for delayed or undelivered messages.
  7. By subscribing to Texts, you represent that you are the owner or authorized user of the wireless device you use to subscribe to the service.
  8. We, nor any wireless carriers, will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. Text Alerts are provided on an AS IS, AS AVAILABLE basis.           
  9. Data obtained from you in connection with Texts may include your cell phone number, your wireless carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will administer your data in accordance with our privacy policy: www.johnstonmurphy.com/privacy-policy.
  10. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with Texts, you agree to provide accurate, complete, and true information.
  11. Texts and the content and materials received through the Texts are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
  12. Johnston & Murphy Texts are only available in the United States.
  13. We may suspend or terminate Texts to you if we believe you are in breach of any of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates, lapses or transfers. We may discontinue the service at any time.
  14. If you have any questions, email us at johnstonmurphy@johnstonmurphy.com, call (800) 424-2854, or text (800) 304-1824. We do not charge for help or info messages; however, your normal carrier rates apply.
  15. Johnston & Murphy reserves the right, in its sole discretion, to modify these Terms and Conditions at any time with or without further notice. To the fullest extent permitted under applicable law, your continued participation in the program after modification constitutes your acceptance of these Terms as modified. We may, in our sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the service, temporarily or permanently, at any time with or without notice.


Privacy Policy
We take great precautions to keep the information you share with us safe and private. We will not disclose your Personal Mobile Phone Information to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate or otherwise grant access to such information. We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of your Personal Information that you share, and we collect and store.


Arbitration, Jury Trial, and Class Action Waiver

By signing up to receive text messages from Johnston & Murphy, you agree that any dispute or claim related to our text messages will be resolved through binding arbitration administered by the American Arbitration Association (AAA), and not in court. You waive any right to a jury trial. Disputes will be handled only on an individual basis, not as part of a class, consolidated, or representative action. This agreement is governed by the Federal Arbitration Act and applies to all claims under federal, state, or local law.


Internal Do Not Call (DNC) and Text Policy
These terms constitute Johnston & Murphy's formal, written Do Not Call and Text Policy, developed and maintained to comply with the FTC's Telemarketing Sales Rule and the FCC's Telephone Consumer Protection Act.

We maintain an Internal DNC list of persons who request not to receive (i.e., opt-out-of) calls made by or on behalf of Johnston & Murphy.

You may opt out of marketing calls or text messages at any time by replying "STOP" to a text, emailing johnstonmurphy@johnstonmurphy.com or mailing 535 Marriott Dr., Suite 10-4024, Nashville, TN 37214, Attn: J&M Compliance, requesting to be opted out of marketing calls or texts. Requests will be processed promptly, and no later than 10 days after receipt.

Exceptions: We may still contact you if messages are transactional or informational (e.g., order confirmations, shipping updates) or if you later opt-in and consent to receive marketing calls or text messages from Johnston & Murphy.

All employees engaged in marketing calls or texts are trained on this policy. We maintain records of all opt-out and Internal DNC requests for at least five years to ensure compliance.

This Internal DNC policy applies to all marketing calls and text messages initiated by Johnston & Murphy and is available upon request.

 

 

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Genesco's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Genesco of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Genesco will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Genesco is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are solely responsible for the content of any Comments you make. You agree that the Company may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

 

USER SUBMISSIONS

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #johnstonandmurphy, #johnstonmurphy, @johnstonmurphy, or other Johnston & Murphy brand hashtags, you grant to Johnston & Murphy, its third-party service providers who provide content management services, and its retail partners (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Johnston & Murphy-tagged User Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by Johnston & Murphy, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Johnston & Murphy, the Licensed Parties, and any person acting on Johnston & Murphy’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.

  

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

  

NETWORK ADVERTISING

We use a third-party service provider to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our Web site, and your interaction with our products and services. They may also use information about your visits to this and other Web sites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major web sites. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service provider, please click here.

We may from time to time contract with third-party vendors to work on our behalf to provide ads to our customers via the Internet or to send direct mail or catalogs to customers whom we think may be interested in our products or services. In order to do so, these third parties may collect information concerning visitors to our websites using JavaScript software code and “cookies.” A “cookie” is a small piece of data that is sent to your browser or mobile device by websites, mobile apps, and advertisements that you access or use.  This “cookie” is stored on your computer or mobile device and helps websites and mobile apps to remember things about you to improve your experience with the website.  Our vendors may then connect the information that they collect from our website using “cookies” to other sources of information, which may include your name and mailing address, for the purpose of sending you direct mail promotions. By using this site, you consent to these activities, including information collection by our vendors.  If you do not wish for cookies to be placed on your computer, most web browsers permit you to prevent that from taking place. Additionally, information about opting out of cookie-based advertising can be found via the following links - http://optout.networkadvertising.org/#!/ and https://www.neustar.biz/privacy/opt-out.  However, please keep in mind that cookies and similar technologies are an important part of how the website works; removing, rejecting, or limiting the use of cookies or other similar technologies might affect the availability and functionality of the website. To opt-out of receiving our direct mail or catalogs, you may send us an email at johnstonmurphy@johnstonmurphy.com or call us at 800-424-2854. We will honor those requests, but please understand that it may take 45 days for such mailings to end.

 

LINKS TO OTHER WEB SITES AND SERVICES

This Site may contain links to outside services and resources, the availability and content of which Genesco does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The privacy policy, terms of use and other conditions of access specified on or applicable to any third party site will govern access and use of such site, the site owner's use of information obtained from users, etc.