Grindersfootwear.com Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION
OF USE
BY VISITING,
BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE")
OPERATED BY Grindersfootwear.com YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
Important
Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by
visiting, browsing, shopping, accessing or otherwise using the Site. These terms
and conditions are subject to change without prior notice at any time, in
Grindersfootwear.com's sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to the
Site, the Customer accepts that change. Customers should check this User
Agreement and the Privacy Pledge frequently
Acceptance of
Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and Grindersfootwear.com (References to "you" or "your"
shall relate to a customer of Grindersfootwear.com or other party that visits,
browses, shops, accesses or otherwise uses the Site (the "Customer"); references
to "Grindersfootwear.com" shall relate to Grindersfootwear.com and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by
Grindersfootwear.com from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to,
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of CA without regard to conflict of
law rules. You consent to jurisdiction of the federal and state courts located
in
Access,
Interference and Linking
Grindersfootwear.com grants you a limited license to access and make personal
use of the Site and not to download (other than page caching) or modify it, or
any portion of it, except as provided below under "Use Restrictions," or with
express written consent of Grindersfootwear.com.
The following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by Grindersfootwear.com; collection or use of any
product listings, descriptions, or prices, from the Site for the benefit of
another merchant that supplies products competitive with or comparable to those
offered on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized
use terminates the license granted by Grindersfootwear.com.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not portray
Grindersfootwear.com, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Grindersfootwear.com logo or other proprietary graphic or trademark as part of
the link without express written permission.
Grindersfootwear.com does not review or control third-party sites that link to
or from the Site, and is not responsible for the contents of any third-party
sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Grindersfootwear.com or by the original creator of the material. Except as
stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of
Grindersfootwear.com or the copyright owner. Permission is granted to display,
copy, distribute and download the materials on this Site for personal,
non-commercial use only, provided you do not modify the materials and that you
retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded or
printed materials. You also may not "mirror" any material contained on this Site
on any other server. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Grinders brand is a trademark of Grandstand Footwear, Ltd., England
Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
Grindersfootwear.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
EVEN IF Grindersfootwear.com OR A Grindersfootwear.com AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Grindersfootwear.com, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in
Privacy
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Grindersfootwear.com reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole discretion.
Communications
to Grindersfootwear.com
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Grindersfootwear.com for any purpose, including
but not limited to reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, Grindersfootwear.com is free to use any
ideas, concepts, know-how, or techniques contained in any communication you send
to Grindersfootwear.com or the Site for any purpose whatsoever, including but
not limited to developing, manufacturing and marketing products using such
information.
Copyright
Complaints
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact:
Grindersfootwear.com
301 West 28th
National City CA, 91950
Phone: 619-474-6480
Fax:
Email: info@Grindersfootwear.com
Disagreement
with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
Grindersfootwear.com Terms and Conditions of Sale
PLEASE READ THESE
TERMS AND CONDITIONS OF
THE CUSTOMER AGREES TO BE BOUND BY THIS
Important
Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and
Grindersfootwear.com. The Customer accepts this Sale Agreement by making a
purchase, placing an order, or otherwise shopping on the Site. (References to
"you" or "your" shall relate to the Customer; references to
"Grindersfootwear.com" shall relate to Grindersfootwear.com and its affiliates.)
The terms and conditions of this Sale Agreement are subject to change without
prior notice, except that the terms and conditions posted on the Site at the
time the Customer initially places or modifies an order will govern the order in
question.
This Sale Agreement
constitutes the entire agreement between the Customer and Grindersfootwear.com
relating to the purchase or sale of goods or services on the Site. The Sale
Agreement may only be modified or terminated with regard to goods or services
that have been purchased or sold on the Site in a writing signed by
Grindersfootwear.com. Electronic records (including signatures), that are
otherwise valid, shall be accepted under the Sale Agreement. The Customer
consents to receiving electronic records, which may be provided via a web
browser or e-mail application connected to the Internet; consumers may withdraw
consent to receiving electronic records or have the record provided in
non-electronic form by contacting Grindersfootwear.com at the address provided
below.
In the event of any
conflict between the terms and conditions stated on your purchase order and this
Sale Agreement or any terms and conditions on our invoice, you agree that the
provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF
General Legal
Disclaimer
Grindersfootwear.com HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Grindersfootwear.com IN NO
WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing and
Information Disclaimer
All pricing subject to change. For all prices, products and offers,
Grindersfootwear.com reserves the right to make adjustments due to changing
market conditions, product discontinuation, manufacturer price changes, errors
in advertisements and other extenuating circumstances.
While Grindersfootwear.com uses reasonable efforts to include accurate and
up-to-date information on the Site, Grindersfootwear.com makes no warranties or
representations as to the Site's accuracy. Grindersfootwear.com assumes no
liability or responsibility for any errors or omissions in the content on the
Site.
Limitation of
Liability
Grindersfootwear.com WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR
OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS
EXPRESSLY PROVIDED HEREIN. Grindersfootwear.com WILL NOT BE LIABLE FOR PRODUCTS
OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR
SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Grindersfootwear.com IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Grindersfootwear.com's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in
Orders
Orders are not binding upon Grindersfootwear.com until accepted by
Grindersfootwear.com.
