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Terms Of Use
Last Updated: May, 7th 2013
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS WEBSITE OR APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Use are a legal agreement between you and ONE Distribution S.A.R.L and our subsidiaries and affiliated companies (collectively, "ONE Distribution", "we", "us" or "our") and they apply to your access to, and use of, our websites, including http://www.suprafootwear.com, and any of our other online and mobile applications and services (collectively, the "Sites"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with ONE Distribution for products, services or otherwise. If you are using the Sites on behalf of an entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and ONE Distribution for any violation of these Terms of Use.
ONE Distribution may change these Terms of Use at any time without notice, effective upon its posting to the Sites. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Sites shall be considered your acceptance of the revised Terms of Use. If you do not agree to the revised Terms of Use, or cannot comply with them, please do not use the Sites.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND A MANDATORY ARBITRATION PROVISION. BY USING THE SITES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITES. YOU MAY BE DENIED ACCESS TO THE SITES WITH OR WITHOUT PRIOR NOTICE IF YOU DO NOT COMPLY WITH ANY PROVISION OF THESE TERMS OF USE.
If you have questions about these Terms of Use or our Sites, please contact us at customerservice@suprafootwear.com.
1. AUTHORIZED USERS; ACCOUNTS
1.1 Age Requirement; Authority. In order to use the Sites, you must be at least 18 years of age. You represent that (i) you have read, understood and agreed to be bound by these Terms of Use and (ii) you are at least 18 years old or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Sites. If you do not agree to, or cannot comply with, these Terms of Use, please do not check the acceptance box and do not attempt to access the Sites.
1.2 Accounts. In order to access certain features of the Sites, you may be required to create an account with us. You may register for only one account. When you create an account, you agree to (a) provide accurate, current and complete information, as may be prompted by any registration form on the Sites; (b) maintain and promptly update your registration data, or any other information you provide to us, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) accept all risks of unauthorized access to your account. You understand that you are fully responsible for any actions that take place while using your ONE Distribution account, and you agree to keep your username and password secure. If you have any reason to believe that your username and password have been used without your authorization, notify ONE Distribution immediately.
2. PRIVACY POLICY
Please refer to our Privacy Policy here for information about how ONE Distribution collects, uses and discloses information from its users.
3. TERMS OF SALE
3.1 Products. ONE Distribution products are sold exclusively through authorized retailers and through some of our Sites. In some cases, merchandise displayed for sale on the Sites may not be available in stores. The particular technical specifications and settings of your computer or mobile device and their displays could affect the accuracy of the product colors shown on the Sites. Any purchase of our products from other stores or third party websites is made entirely at your own risk, particularly with regard to the authenticity to such items. All of the products purchased from the Sites should be used in accordance with the manufacturer's instructions, precautions and guidelines.
3.2 Orders. All orders placed through the Sites are subject to ONE Distribution's acceptance. This means that ONE Distribution may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card is charged for an order that is later cancelled, ONE Distribution will issue you a refund.
3.3 Pricing. All prices displayed on the Sites are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. All prices are subject to change without notice, and you agree that taxes (if applicable) may be adjusted from the amount shown on your screen at the time of checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
3.4 Payment Options. Only valid credit cards or other payment methods acceptable to ONE Distribution may be used. By submitting an order, you represent and warrant that you are authorized to use the designated card or payment method, and you authorize ONE Distribution to charge your order. If the card or other payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter with your payment method in order to proceed with your order.
3.5 Returns. If you are not satisfied with a product that you purchased from our Sites, you can return it to ONE Distribution in its unworn, original condition within 30 days of purchase for a full refund.
3.6 Taxes. You are responsible for any taxes that you are obligated to pay or that ONE Distribution may collect from you in connection with your purchase. If you do not pay such taxes, you will be responsible for payment in the event they are later determined to be payable on such sale, and we reserve the right to collect such taxes from you at any time.
3.7 Shipping. All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, ONE Distribution. A signature will be required on delivery of your order. If there is no one to sign for your order, a delivery card will be left and your parcel can be collected from your local post office. Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when ONE Distribution delivers these items to the carrier.
3.8 Errors. We attempt to be as accurate as possible; however, we do not warrant that information provided through the Site, including pricing information, is accurate, complete, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering products or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged.
4. COPYRIGHT AND LIMITED LICENSE TO USE THE SITE
4.1 Copyright. Unless otherwise indicated, the Sites and all content featured or displayed on the Sites, including, but not limited to, text, design, graphics, interface, photographs, images, moving images, sound, illustrations and software ("Content"), is the exclusive property of ONE Distribution and/or its group companies, its licensors and/or its content providers. All elements of the Sites including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
4.2 Grant of License. You are granted a limited, revocable, non-exclusive, non-transferable, personal, non-commercial license to access and use the Sites and the Content. ONE Distribution reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SITES OR CONTENT NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.
4.3 Restrictions. The license granted above is subject to these Terms of Use and does not include any right to: (a) resell or make commercial use of the Sites or Content; (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Sites, or any information contained therein, except as expressly permitted on the Sites; or (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. COPYRIGHT COMPLAINTS
If you believe that anything available on the Sites infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent, as set forth below:
Name of Designated Agent: Virginie Broekaert
Address of Designated Agent: Rue Jean-Pierre Brasseur, 22 L-1258 Luxembourg
Telephone Number of Designated Agent: +352 (261) 90193
Facsimile Number of Designated Agent: +352 273 65316
Email Address of Designated Agent: vbroekaert@onedist.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7. TRADEMARKS
Trademarks, logos and service marks displayed on the Sites are trademarks of ONE Distribution and our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of ONE Distribution or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark or product or service name of ONE Distribution without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ONE Distribution and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. PROHIBITED ACTIVITY
By using the Sites, you represent, warrant and covenant that you will not:
o use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
o impersonate any person or entity or misrepresent your affiliation with any other person or entity;
o engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining list of users or other information, or send chain letters or pyramid schemes via the Sites;
o use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
o reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
o attempt to gain unauthorized access to other computer systems through the Sites;
o engage in any harassing, intimidating, predatory or stalking conduct; or
o "frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
You are further prohibited from using the Sites to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Sites to advertise or perform any commercial solicitation. ONE Distribution is not responsible or liable for the conduct of it users, nor are we responsible or liable for any associated loss, damage, injury or harm. Although we have no obligation to screen, edit or monitor any of the user content posted on our Sites, we reserve the right, and have absolute discretion, to remove, screen or edit any user content posted on our Sites at any time and for any reason.
9. SUBMISSIONS
We welcome your comments about our Sites. However, you acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality and copyright of any such material. If you do submit to us or post a testimonial, comment, review, suggestion, question, idea, concept, know-how, technique or any work of authorship (collectively a "Submission"), including, without limitation, Submissions about our products or services, such Submission will be considered non-confidential, non-personal, and non-proprietary to you or anyone else and may be used by us in any manner. By submitting or sending a Submission to us: (i) you represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any "moral rights" in such Submission have been waived, and (ii) you grant ONE Distribution and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, create derivative works from, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; and that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity.
10. DISCLAIMERS
10.1 THE SITES, CONTENT, AND THE PRODUCTS OFFERED FOR SALE ON THE SITES ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." ANY USE OF THE SITES, CONTENT OR PRODUCTS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONE DISTRIBUTION DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. ONE DISTRIBUTION MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION ANY OTHER HARMFUL COMPONENTS, AND ONE DISTRIBUTION DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.2 ONE DISTRIBUTION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITES ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT PRIOR NOTICE, ONE DISTRIBUTION MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITES, CONTENT OR PRODUCTS, OR YOUR USE OF THE SITES WITHOUT INCURRING ANY LIABILITY.
11. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, ONE DISTRIBUTION SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, CONTENT OR PRODUCTS OR THE CONDUCT OF OTHER USERS OF THE SITES, EVEN IF ONE DISTRIBUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES, CONTENT AND PRODUCTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONE DISTRIBUTION OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. YOUR ONLY REMEDY AGAINST ONE DISTRIBUTION FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES. THAT SAID, IF ONE DISTRIBUTION IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES OR ANY CONTENT OR PRODUCTS, ONE DISTRIBUTION'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE WILL BE LIMITED TO ONE (Dollar) (US $1.00). PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ONE DISTRIBUTION AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, CO-BRANDERS AND OTHER PARTNERS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF OR RELATING TO (I) YOUR USE OF THE SITES, CONTENT OR PRODUCTS; (II) ANY CONTENT YOU POST, UPLOAD, USE, DISTRIBUTE, STORE OR OTHERWISE TRANSMIT THROUGH THE SITES; (III) ANY SUBMISSIONS YOU PROVIDE; (IV) YOUR VIOLATION OF THESE TERMS OF USE; AND (V) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING BUT NOT LIMITED TO ANY INFRINGEMENT BY YOU OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
13. LINKS
15.1 Hyperlinks to the Sites. You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray ONE Distribution or any of its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a ONE Distribution logo or other proprietary graphic of ONE Distribution to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ONE Distribution trademark, logo or other proprietary information, including the images found on the Sites, the content of any text or the layout/design of any page or form contained on a page on our Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ONE Distribution or any third party.
15.2 Hyperlinks to Third Party Sites. The Sites may contain hyperlinks ("links") to websites operated by third parties. We provide such links for your reference and convenience only. ONE Distribution does not monitor, approve or have any control over such third party websites. ONE Distribution does not guarantee, endorse or adopt the accuracy or completeness of any third party website and is not responsible for the content of those sites or any products or services that may be offered through those sites. You are solely responsible for determining the extent to which you use any content at any third party websites to which you might link from our Sites. You agree that ONE Distribution is not responsible or liable, directly or indirectly, for any damage or loss incurred as a result of any dealings with any third party websites, any merchant or operator of a third-party website, or any other person with whom you engage in any transaction.
14. MODIFICATIONS TO THE SITES
We reserve the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof, without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
15. SEVERABILITY
If any portion of these Terms of Use becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
16. ARBITRATION; APPLICABLE LAW
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ONE DISTRIBUTION AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ONE DISTRIBUTION.
You and ONE Distribution agree to arbitrate any dispute arising from these Terms of Use or relating to the Sites, Content or products, except that you and ONE Distribution are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and ONE Distribution agree: (i) to notify each other of any dispute within 30 days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration, (iii) that any arbitration will occur in Fountain Valley, California; and (iv) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and ONE Distribution also agree that the state or federal courts in Orange County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms of Use and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and ONE Distribution will not commence against the other a class action, class arbitration or other representative action or proceeding.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE.