Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Trask Shoes® website, including any content, products, and services offered on or through trask-shoes.com (the “Website”), operated by Trask Shoes, Inc. (“Trask”, “we”, “us” or “our”).
Please read these Terms carefully before using our Website. By accessing or using the Website, you signify your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, do not access or use the Website.
Website Access & Use
Registration: Certain features or services offered on or through the Website may require registration or signup. If you register for an account, you agree to provide accurate and current information about yourself and to promptly update your information if needed to keep it accurate and current. You are responsible for maintaining the confidentiality of your username and password. You are fully responsible for all activities that occur under your username and password.
Eligibility: You must be at least 18 years of age to access or use the Website in any manner. By accessing or using the Website, you represent and warrant that you have the right, authority, and capacity to agree to these Terms.
Restrictions: You may not access or use the Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that infringes our or any third party’s intellectual property or other rights. You may not use the Website for any purpose that is prohibited by these Terms. We reserve the right to terminate your access to the Website for any breach of these Terms.
Mobile Services: We may offer services through mobile applications and mobile-optimized websites (“Mobile Services”). Your access and use of the Mobile Services may be subject to additional terms and conditions, including country-specific terms.
Changes & Availability: We may change, suspend or discontinue any aspect of the Website at any time. We may also impose limits on certain features or restrict access to parts of or the entire Website. We have no obligation to provide constant or uninterrupted access to the Website and reserve the right to interrupt or shut down any feature at any time.
Intellectual Property: The content on the Website, including logos, graphics, images, designs, software, text, audio and video files, and their selection and arrangement, is protected by copyright, trademark and other laws. All rights reserved. You may not copy, download, perform, re-publish, sell, distribute, transmit, share, modify or create derivative works from the Website content unless expressly authorized by Trask in writing.
Third Party Content: The Website may contain content and services provided by third parties. Any such content or services offered through the Website may be subject to additional terms and conditions imposed by those third parties.
User Content
User Content: “User Content” refers to all content submitted, uploaded, published or displayed by users through features made available on the Website. This includes forum posts, blog comments, reviews, multimedia and more.
Licenses: By posting User Content to the Website, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, display, archive, publish, sublicense or distribute such User Content. You retain ownership and responsibility for your User Content at all times.
No Obligation: We are not responsible or liable for any User Content. We have no obligation to pre-screen, monitor, review, or edit any User Content. However, we have the right to review, edit, move, delete, or refuse to post any User Content at our sole discretion.
Removal of Content: If you believe that any content on the Website violates these Terms or is objectionable, please notify us through the contact information provided in these Terms. We will investigate your report and may remove the content if we deem it appropriate.
Purchases & Payments
Order Process: The purchase order process allows you to shop for products listed on the Website and make a purchase. You may be required to register an account, provide contact and payment information, choose a delivery option and confirm the order details before submitting an order. Any data collected during this process is used expressly to process your order in accordance with our Privacy Policy.
Order Confirmation: After you submit an order, you will receive an order confirmation by email with details of your purchase. This confirmation does not signify our acceptance of your order. We reserve the right to accept, reject, or require additional verification for any order in our sole discretion.
Availability: The availability of products on the Website typically matches the availability in our retail stores. We strive to display accurate product availability, however we do not guarantee that all items listed on the Website will be available at the time an order is submitted. If an item you order is not available, we will notify you and you will have the option to cancel your order.
Pricing: All prices and discounts posted on the Website are subject to change without notice. Posted prices do not include taxes and shipping charges, which will be added to your total at checkout. If there are any discrepancies between the listed price and the actual charge to your payment method, the amount charged to your payment method will govern.
Payments: All payments are processed by third-party payment processors. You agree to abide by their applicable terms and conditions. We have no direct control over or liability for how they handle your payments. If you have any issues regarding payments, you must address them directly with the payment processor.
Cancellations & Returns: Please refer to our Return Policy posted on the Website for details on eligible returns and exchanges. Custom and special order sales may be subject to additional return terms and conditions.
Disclaimer of Warranties
Your access to and use of the Website is at your sole risk and is provided “AS IS” without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties that the Website will meet your needs or requirements or that it will be available on an uninterrupted, secure, or error-free basis. We make no warranties regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content available through the Website. You assume full responsibility for your access and use of the Website. You understand and agree that any content you upload, share, or otherwise make available can be used and distributed by other Website users.
Limitation of Liability
We will not be liable to you or any third party for consequential, incidental, indirect, punitive or special damages, lost profits, income, revenue, goodwill, savings, data or costs arising out of or related to your access, use, inability to use or reliance on the Website, even if we have been advised of the possibility of such damages or losses. In no event will our total aggregate liability for any claims regarding the Website exceed the amount paid by you, if any, for using the Website during the preceding year. Applicable law may not allow some exclusions or limitations of liability, so all or part of the above limitation may not apply to you.
Indemnification
To the fullest extent permitted by law, you agree to defend, hold harmless, and indemnify us and our subsidiaries, affiliates, officers, agents, licensors, co-branders or partners, and employees from and against any third-party claim arising from or related to your breach of these Terms or your access or use of or inability to access or use the Website and related services. You agree to promptly notify us of any such claim or potential claim and reasonably cooperate with us in the defense of such claim. We reserve the right to assume the exclusive defense of any claim subject to indemnification by you.
Termination
We may terminate your access to and use of the Website at our sole discretion, for any reason or no reason, upon notice to you. You may cancel your account at any time by sending an email to us. Upon any termination, your right to access and use the Website will immediately cease. Any provisions that by their nature should survive termination of these Terms shall survive, including disclaimers of warranties, limitations of liability, and indemnity obligations.
Governing Law & Dispute Resolution
These Terms and any dispute related thereto shall be governed by the laws of the State of Idaho without regard to its conflicts of laws provisions. Any dispute, controversy or claim arising out of or relating to the Website, these Terms, or your relationship with Trask will be resolved solely through confidential binding arbitration held in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any arbitration under these Terms will be conducted on an individual basis – class arbitrations and class actions are not permitted.
Contact Us
If you have any questions about the Website or these Terms, please contact us at:
Trask Shoes, Inc.
555 Shoe Drive
Lewiston, ID 83501
[email protected]
By accessing or using the Trask Shoes® Website, you agree to be bound by these Terms. Please review them carefully before proceeding.
