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Terms Of Use
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
This Terms of Use Agreement (this "Agreement") is a legal agreement between you and ONE Distribution S.a.r.l ("ONE Distribution", "we", "us" or "our") providing, among other things, the terms and conditions for your use of our Web site http://www.suprafootwear.com (the "Site").
ONE Distribution may change these Terms of Use at any time without notice, effective upon its posting to the Site. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, or cannot comply with them, please do not use this Site.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU DO NOT COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
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AUTHORIZED USERS
1.1 Age Requirement; Authority. In order to use the Site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement 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 Site. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access this Site.
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LICENSE TO USE THE SITE
2.1 Grant of License. You are granted a limited, revocable, non-exclusive, non-transferable, personal, non-commercial license to access and use the Site. 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 SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Restrictions. The site is owned and operated by ONE Distribution. All of the content featured or displayed on the Site, including, but not limited to, text, design, graphics, interface, photographs, images, moving images, sound, illustrations and software ("Content"), is the exclusive property and owned by ONE Distribution and/or its group companies, its licensors and/or its content providers. All elements of the Site 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. You agree that you will not: (i) use the Site to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use our Site in any way that violates the terms of this Agreement.
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SITE INFORMATION AND PRODUCTS
3.1 Information. We try to ensure that the information posted on the Site is correct and up-to-date. We reserve the right to modify the contents of this Site at any time and without any prior warning. You agree that it is your responsibility to monitor changes to the Site. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Site. The material on this Site is provided for general information only and does not constitute advice. Any reliance on the material on this Site is at your own risk.
3.2 Products. ONE Distribution products are sold exclusively through authorized retailers and on the www.suprafootwear.com Site. In some cases, merchandise displayed for sale on the site may not be available in stores. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the site. Any purchase from other boutiques or Web-Sites is made entirely at the risk for the purchaser, particularly with regard to the authenticity to such items.
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ORDERS, PROHIBITION ON RESELLING, AND PRICE
All orders placed through the Site 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 has already been charged for an order that is later cancelled, ONE Distribution will issue you a refund.
You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. All prices displayed on this Site are quoted in 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 charged. All of the products purchased from this Site should be used in accordance with the manufacturer's instructions, precautions and guidelines.
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CONDUCT ON THE SITE
Some features that may be available on this site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. Some features on this Site require use of a password. You are responsible for any actions that take place while using your ONE Distribution account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify ONE Distribution immediately. ONE Distribution is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
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SHIPPING
All products purchased from the Site 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 Site, as well as the risk of loss for such products, passes to you when ONE Distribution delivers these items to the carrier.
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PROHIBITED ACTIVITY
By using this Site, you represent, warrant and covenant that you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- 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 Site
- attempt to gain unauthorized access to other computer systems through the Site.
You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You are prohibited from using the Site 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 Site to advertise or perform any commercial solicitation.
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COPYRIGHTS
The copyright in all Content is and remains owned by ONE Distribution. All title and intellectual property rights in and to the licensed content provided on this Site is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You may access, download and print the material contained on the Site for your personal, informational and non-commercial purposes only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, download or print. Under applicable copyright laws, you are prohibited from modifying any of the materials and from copying, reproducing, publishing, licensing, distributing, displaying, performing, creating derivative works from, transmitting, or transferring or selling any Content of the Site for any purposes.
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TRADEMARKS
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of ONE Distribution S.a.r.l. or its affiliates, unless stated otherwise. All rights in such names are hereby reserved. The Site may contain third-party trademarks, service marks, graphics, and logos. All of these trademarks, logos and service marks are the property of their respective owners. You are not granted any right or license under any patent or trademark of ONE Distribution or any third party. The use of ONE Distribution trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet website or the creation of links, hypertext or deeplinks between the Site and any other internet website, is prohibited without the express written consent of ONE Distribution.
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PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to the Site, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made part of this Agreement.
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SUBMISSIONS
We welcome your comments about the Site. However, you acknowledge that you are responsible for any material you may submit via the Site, 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, questions, ideas, concepts, know-how, techniques or any work of authorship (collectively a "Submission") to us, 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, you: (i) 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 and 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. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify ONE Distribution for all claims resulting from content you supply. ONE Distribution shall not be bound by any confidentiality obligation in respect of such Submission.
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TERM
This Agreement will remain effective until terminated by you or terminated by us.
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DISCLAIMERS
13.1 THIS SITE, ITS CONTENT, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED TO YOU “AS IS”. ANY USE OF THIS SITE 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 GUARANTEE THAT THIS SITE 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 THERTO.
13.2 ONE Distribution DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT PRIOR NOTICE, ONE Distribution MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SITE OR YOUR USE OF THIS SITE WITHOUT INCURRING ANY LIABILITY.
13.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. ONE Distribution DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
13.4 SOME OF THE CONTENT AVAILABLE THROUGH THE SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ONE Distribution ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT.
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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, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER USERS OF THIS SITE, EVEN IF ONE Distribution HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. 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 SITE OR ANY CONTENT IS TO STOP USING THE SITE. 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 THIS SITE OR ANY CONTENT, ONE Distribution'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT 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.
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INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ONE Distribution AND ITS AFFILIATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, CO-BRANDERS OR OTHER PARTNERS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF MISUSE OF THE SITE.
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LINKS
The Site 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 any Third Party Content. ONE Distribution does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other 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 Site. 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.
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NOTICE OF COPYRIGHT INFRINGMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
ONE Distribution S.A.R.L.
Avenue de la Liberté, 76
L-1930 Luxembourg
GD LUXEMBOURGPlease provide us with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Site that is requested to be removed;
- Information reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, email address and all other information reasonably sufficient to permit ONE Distribution to contact you;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner;
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf.
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APPLICABLE LAW AND DISPUTE
This Agreement is governed by and shall be construed in accordance with the laws of the state of California and the parties hereby submit to the exclusive jurisdiction of the California Courts. If any portion of these Terms and Conditions become 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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.