Johnston & Murphy Website Terms of Use

Terms of Use will go into effect on October 1, 2026

Welcome to the Johnston & Murphy Website Terms of Use (“Terms”). These Terms are an agreement between you and the Genesco Inc., d/b/a Johnston & Murphy (the brand, “Johnston & Murphy,” and collectively, “Genesco,” “we,” “us,” or “our”). Please review the following basic rules that govern your use of our website, www.johnstonmurphy.com, and any other websites that we own and control that link to these Terms (the “Site”), and any online interfaces, features, and services (together with the Site, the “Service”).

Please note that your use of our Service means that you acknowledge that you have read, understood, and agree to be bound by these Terms and these rules contained herein. You also acknowledge our Privacy Notice, which is incorporated into these Terms by reference and describes our practices related to personal information processed through the Service.

PLEASE NOTE THAT THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING LIMITING GENESCO’S LIABILITY, WAIVING YOUR RIGHT TO A JURY TRIAL, AND REQUIRING RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. FOR MORE INFORMATION, SEE SECTIONS 11–13.

These Terms are organized under the following topics:

Acceptable Use
Access to the Service
Service Content
Limited License
Use of the Service
Submissions of User Content
Pricing and Product Information
Links To Other Web Sites And Services
Artificial Intelligence Tools
Johnston & Murphy Text Alerts: Terms and Conditions
Limitation of Liability
Indemnification
Dispute Resolution: Mandatory Informal Dispute Resolution; Class and Collective Action Waiver; Jury Trial Waiver
Internal Do Not Call (DNC) and Text Policy
Miscellaneous
Changes to these Terms
Contact Information

1. Acceptable Use

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you are a parent or legal guardian of a minor under the age of 18 or the age of majority in your state or province of residence, you agree to these Terms on the minor's behalf and are responsible for the minor's use of the Service, including all activities conducted through the Service, and compliance with these Terms.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Service or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including but not limited to copyright laws);
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information, including to impersonate another individual or otherwise misrepresent your identity;
to upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose;
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
to attempt to bypass any robot exclusion headers or circumvent any other measures that we have put in place to restrict or prevent access to all or parts of the Service;
to use the Service or its content to suggest an unauthorized association with us;
to change or delete any proprietary notices from materials downloaded or printed out from the Service; or
to attempt any actions that otherwise violate these Terms.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

2. Access to the Service

Account Creation. Certain features and functionality of the Service, such as J&M Insiders, may require the creation of an account by entering your name, email address, birthday, phone number, zip code, and selecting a valid password (“Account”). If you create an Account on the Service, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your Account. You are solely responsible for the accuracy of your registration information and for updating and maintaining it where necessary. You must notify us immediately of any unauthorized use of your Account at the contact listed under Contact Information. You shall not sell, transfer, or assign your Account or any Account rights.

Account Deletion. If you would like to delete your Account, please contact us at the contact listed under Contact Information.

Suspension; Termination. We reserve the right to, with or without prior notice, suspend, terminate, and delete your Account and access to the Service for any reason, in our sole discretion, including if you have violated these Terms. Upon termination of your access to the Service, or upon notice from Genesco, all rights granted to you under these Terms will cease immediately, and you shall immediately discontinue use of the Service.

3. Service Content

All materials, including data, files (e.g., PDF, word), images, scripts, illustrations, graphics, designs, icons, photographs, sounds, video clips, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, the “look and feel” of the Service, and written and other materials that are part of this Service (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Genesco, our licensors, or certain other third parties, such as brand names and third-party vendors of merchandise featured on the Service. The Content and the Service as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Genesco. Johnston & Murphy, Genesco, and all related trademarks appearing on the Service are trademarks of Genesco.

The Content and the Service as a whole, are intended solely for personal, non-commercial use by the users of the Service. You may download or copy the Content and other downloadable materials displayed on the Service for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Service, or any related software.

4. Limited License

Subject to your strict compliance with these Terms, Genesco grants you a limited, non-exclusive, revocable, non-assignable, and nontransferable license to download, display, view, and use the Service, and to retain and/or download one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (a) does not give you any ownership of, or any other intellectual property interest in, the Service or any Content; and (b) may be immediately suspended or terminated for any reason, in Genesco’s sole discretion, and without advance notice or liability. Your unauthorized use of the Service or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

5. Use of the Service

Availability of the Service. The Service may be unavailable, interrupted, or suspended from time to time for any reason including, for example, routine maintenance. Genesco shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, Content, availability, and equipment needed for access or use.

Modification of the Service. We reserve the right at any time to change, modify, or discontinue the Service (or any part or Content thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We may, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Reservation of Rights. All rights not expressly granted to you are reserved by Genesco and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service or Content for any purpose is prohibited.

6. Submissions of User Content

You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Genesco or its vendors, on or through the Service or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites. Such Submissions may be used on the Service and/or on other Genesco marketing materials, including emails, social media and store signage. If your Submission is selected by Genesco to be used, it may be displayed for other users to see, together with your name and associated profile information (such as your handle and profile picture). Genesco is under no obligation to display, feature, or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Genesco, its affiliated entities, vendors, and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform, and display any Submission, as well as your name, user name, or “handle” profile picture, image, likeness, comments, posts, statements, or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties' names, images, or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret, or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third-party agreements or terms of service to which you are subject.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead Genesco as to the origin of any Submission.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Genesco without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Genesco reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Service or otherwise use the Submission. The Service may include the opinions, statements, and other content of third parties. Genesco is not responsible for screening, monitoring, or verifying such content, including such content’s accuracy, reliability, or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Service are those of such third parties and not of Genesco, including its licensors and/or vendors, and Genesco does not endorse any such opinions, statements, or materials.

You acknowledge and agree that Genesco has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

Any questions, comments, suggestions, or other information about Genesco products or services submitted to Genesco through the Service (“Feedback”) shall be deemed non-confidential and non-proprietary. Genesco shall be free to use, edit, copy, publish, reproduce, disclose, and distribute such Feedback in any manner without limitation. Genesco specifically prohibits you from sending us any information that you consider to be confidential or proprietary through the Service. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Genesco will not have any obligation or liability to you arising from Genesco’s and/or any third party's receipt or use of such information or material.

You understand that all Feedback and other User Content posted on, transmitted through, or linked from the Service, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Genesco does not control, and is not responsible for Feedback and User Content made available through the Service and that by using the Service, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Genesco expressly disclaims any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will Genesco be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Genesco does not pre-screen or approve Feedback and User Content, but that Genesco shall have the right (but not the obligation) in its sole discretion to monitor, edit, refuse, delete, or remove any Feedback and User Content for any reason.

Your interactions with organizations, events, and/or individuals found on or through the Service are solely between you and such organizations and/or individuals. Genesco expressly disclaims any liability for such organizations, events, or individuals.

7. Pricing and Product Information

The products displayed at the Service are set by Genesco in its sole discretion and we may change our prices from time to time. The products displayed may be available in select Genesco stores while supplies last. The prices displayed at the Service are quoted in US Dollars and are valid and effective only in the United States.

We have made every effort to display as accurately as possible the colors of our products that appear at the Service. 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.

We do not warrant that specifications, pricing, or other Content on the Service is complete, accurate, reliable, current, or error-free. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

8. Links To Other Web Sites And Services

The Service 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 website will govern access and use of such website and the website owner's use of information obtained from users. Certain content, products, and services available via our Service may include materials from third parties.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

9. Artificial Intelligence Tools

We may use artificial intelligence (“AI”), machine learning tools, or similar technology on the Service (“AI Tools”) to enhance your experience and to assist us with customer service. These AI Tools may include generative AI, machine learning, and related technologies provided by vendors and other third parties. You acknowledge and agree that any information that you provide on the Service may be used as an input for such AI Tools and may be used to continuously train the AI Tools. You further agree that we (or one of our vendors) may use any output generated from the AI Tools for our own commercial purposes, including to develop and improve the Service.

When you use our AI Tools, you understand and agree that: (a) AI Tools use experimental, unsupervised technology and may sometimes provide content that does not represent our views or accurately represent our policies; (b) confidential or proprietary information should only be submitted as permitted by the applicable AI Tool; (c) if you use the AI Tools, you assume all responsibilities and obligations with respect to the results, suggestions, prompts, output, and any materials from your interaction with the AI Tool, including those from any third party, for the content, accuracy, and review of such results and you should therefore use discretion before relying on using content provided by the AI Tool and review underlying policies and source material before relying on responses; and (d) you will not rely on any AI Tool for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional.

10. Johnston & Murphy Text Alerts: Terms and Conditions

For your convenience, Johnston & Murphy offers you the ability to receive text notifications regarding (1) information about special promotions, offers, sales and events (promotional short code 561850) (“Promotional Text Alerts”) and (2) messages that provide transactional information such as confirmation of orders, payment, shipping and delivery notifications (transactional short code [___]) (“Transactional Text Alerts”), (collectively “Text Alerts”). Message and Data Rates may apply. To subscribe to Promotional Text Alerts, text JOIN to 561850. To subscribe to Transactional Johnston & Murphy Text Alerts, click the opt-in box during checkout. Individuals who opt in to receive Text Alerts agree to receive recurring, autodialed SMS, MMS, and RCS messages sent by Johnston & Murphy to the number they enroll.
Message and data rates may apply, and message frequency may vary depending on your interactions with us. Consent is not a condition of purchase. By subscribing to Text Alerts, you represent (1) that you are the age of majority in the jurisdiction where you live, (2) you are the account holder, authorized user, or you have the account holder’s permission to enroll the number, and (3) you agree to the practices described in these Johnston & Murphy Text Alerts Terms and Conditions (“Text Terms”) and our Privacy Policy.
To stop receiving Text Alerts, you can opt out by texting "STOP" to any text you have received. You may also contact Customer Service 1-888-424-2854 to opt out of Johnston & Murphy Text Alerts, at any time. You can also text the word HELP or INFO to get additional information about Text Alerts.
Texts may not be available in all areas or supported by all carriers or all devices. The wireless carriers are not liable for delayed or undelivered messages.
We, nor any wireless carriers, will not be liable for any delays or failures in your receipt of any Text Alerts 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, and we may suspend or terminate Text Alerts to you without notice at any time, and for any reason, in our sole discretion.
Data obtained from you in connection with Text Alerts 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 process this data in accordance with our privacy policy: www.johnstonmurphy.com/privacy-policy. We will not share the information we collect for purposes of Text Alerts with third parties for those third parties’ own marketing purposes, but we may share certain information with our service providers to operate the Text Alerts.
Text Alerts and the content and materials received through the Text Alerts 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.
We may suspend or terminate the Text Alerts 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.
Johnston & Murphy reserves the right, in its sole discretion, to modify these Text Terms 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 Text 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.

11. Limitation of Liability

IN NO CASE SHALL GENESCO, INC. OR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, AND EMPLOYEES (“GENESCO PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR MAXIMUM LIABILITY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE SERVICE WITHIN THE PREVIOUS CALENDAR YEAR.

12. Indemnification

As permitted by applicable law, you agree to indemnify, defend and hold harmless the Genesco Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the Genesco Parties arising out of or in connection with: (a) your use of the Service and/or its content; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service; (d) information or material transmitted through your Account or device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (e) any misrepresentation made by you; and (f) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate fully, as requested by us, in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of us through our officers.

13. Dispute Resolution: Mandatory Informal Dispute Resolution; Class and Collective Action Waiver; Jury Trial Waiver

IMPORTANT: THIS SECTION IMPACTS CERTAIN LEGAL RIGHTS AND INCLUDES A WAIVER OF THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE ACTION; CONTAINS A WAIVER TO THE RIGHT TO A JURY TRIAL; AND LIMITS YOUR ABILITY TO OBTAIN CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.

This agreement covers any dispute, claim, or controversy between you and Genesco Inc., and/or any of their respective officers, directors, board members, agents, employees, affiliates, vendors, and third parties if Genesco could be directly or indirectly liable, arising out of or relating to your use of the Service, your purchase or use of any products or services through the Service, or these Terms (the “Dispute”). This includes, but is not limited to, claims based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory.

If the parties have more than one Dispute between them, all such Disputes shall be asserted and resolved in a single claim so they may be resolved at the same time, or they will be deemed waived. This Section 13 shall survive termination of these Terms.

Mandatory Informal Dispute Resolution. We are always interested in resolving disagreements amicably and efficiently. Many of your inquiries may be resolved by contacting us at legalnotices@genesco.com. In the unlikely event that a Dispute arises you agree that, before initiating any legal action, you will first provide us with written notice (a “Notice of Dispute”) so that we may work with you in good faith to find a mutually agreeable solution. The Notice of Dispute must include the following information: (i) your name and contact information; (ii) the nature and basis of the claim or Dispute; and (iii) the nature and basis of the relief sought (including a calculation of any damages). Your Notice of Dispute to us must be personally signed by you (and your attorney if you are represented by legal counsel). Any Notice of Dispute must be specific to you as an individual and cannot be consolidated with Disputes involving any other parties.

During the 60-business days from the date we receive your Notice of Dispute, both parties agree to engage in good faith efforts to resolve the Dispute. During this 60-business day period, both parties agree to toll any statutes of limitations that may apply, along with any filing deadlines.

We will consider reasonable requests to resolve a Dispute through alternative dispute resolution procedures, such as mediation or arbitration.

If the sufficiency of a Notice of Dispute or compliance with this informal resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any litigation shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent.

Class Action Waiver. You agree that you will not sue Genesco, Inc., and/or their respective officers, directors, board members, agents, employees affiliates, vendors, and third parties if Genesco could be directly or indirectly liable, as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class action lawsuit against Genesco, its affiliates, and/or vendors in relation to your use of the Service. You and Genesco explicitly agree to the fullest extent allowable and enforceable under applicable law, that any Dispute must be decided on an individual basis. You agree that any and all Disputes (which you acknowledge and agree shall be defined as broadly as possible) will be resolved individually, and without resort to any form of class, collective, or representative action. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff. All claims must be brought solely in a party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, consolidated action, representative action, or proceeding. Notwithstanding any other clause contained in these Terms, any challenge to the validity of this Section 13(b) must be determined by a court of competent jurisdiction and not by an arbitrator.

Waiver of Jury Trial. Each party hereby knowingly, voluntarily, and intentionally waives, to the fullest extent permitted by law, any and all rights they may have (including but not limited to, their constitutional or statutory right) to a trial by jury in any legal proceeding for any Dispute, including but not limited to Disputes arising out of or relating to these Terms or the relationship of the parties.

Time Bar. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A PARTY MUST DELIVER WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

Venue. These Terms and your use of the Service shall be governed by Tennessee law. You irrevocably consent to the exclusive jurisdiction of the federal and state courts in Tennessee, United States of America, for purposes of any legal action arising out of or related to a Dispute, and waive any objections as to personal jurisdiction as to the laying of venue in such courts due to: (a) inconvenient forum; or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

14. 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., 8th Floor, Nashville, TN 37214, Attn: Johnston & Murphy Do Not Call 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.

15. Miscellaneous

Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms and any policies or operating rules posted by us on this Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

16. Changes to these Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Service. These updates and/or changes will be effective as of the “Last Updated” date at the top of this page. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

17. Contact Information

Questions about these Terms should be directed to legalnotices@genesco.com.