TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
1 | Lawful Use. You may only use the Web Site in accordance with these Terms. In particular, but without limitation, you may not use the Web Site for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on the Web Site or otherwise provided by us to you. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe your conduct violates applicable law(s) or is harmful to our interests.
2 | Products. All features, specifications and prices of the products described or depicted on this Web Site, including those which may be available for purchase, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products and third parties products we elected to display, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products in this Web Site at a particular time does not imply or warrant that these products will be available at any time: products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3 | Orders and Fees. You agree that all purchases are for personal use only and you are not a reseller of products. All orders placed through this Web Site are subject to Vibram's acceptance. Vibram 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. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse the supply to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. If your credit card has already been charged for an order that is later cancelled, Vibram will issue you a refund. For all charges for any products purchased on this Web Site, Vibram will bill your credit card or alternative payment method offered by Vibram. In the event legal action is necessary to collect on balances due, you agree to reimburse Vibram for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
4 | Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Vibram’s refund policy is set out at: http://us.vibram.com/returns.html
5 | Content and Services. Content may not be copied for commercial use or distribution, nor may Content be modified or reposted to other sites. Access to and use of the Web Site is solely for your personal, non-commercial use. You may download, copy or print the Contents for your personal reference only. No right, title or interest in any of the Content is transferred to you as a result of any downloading, copying, printing or use of the Web Site. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download Content for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. For purposes of these Terms, the use of any Content on any other Web site or networked computer environment is prohibited. Services may only be used for the intended purpose for which such Services are being made available. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Content and Services.
6 | Accuracy of Information. Vibram attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site.
7 | Registration, Accounts, and Passwords. Accessing certain Services on the Web Site may require registration and the creation of an account. If you create an account on the Web Site, you agree to be responsible for maintaining the confidentiality of passwords or other account identifiers which you choose, and for all activities that occur under such password or account identifiers. You agree to promptly notify Vibram of: (i) any loss of your password or account identifiers, and (ii) any unauthorized use of your password or account identifiers. Vibram will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.
8 | Contributions. You are solely responsible for any Contributions that you post on the Web Site, which is done at your own risk. Vibram takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although Vibram has no obligation to monitor or screen Contributions posted on the Web Site, Vibram reserves the right to edit or remove any Contributions on the Web Site at any time and for any reason without notice. Contributions remain the intellectual property of the individual user. By posting Contributions on the Web Site, you grant Vibram and each of its affiliates a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, communicate to the public, modify, adapt, translate, publish, and display such Contributions in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize for any or all commercial or non-commercial purpose. To the extent permitted by applicable laws, you waive all moral rights in and to your Contributions and /or acknowledge that our, our successors’, assigns’ and licensees’ use of the Contributions shall not be regarded as prejudicial to your honor and reputation. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation for any Contributions, or to respond to any Contributions.
9 | Contribution Guidelines. By using the Web Site, you agree that your Contributions will comply with all applicable laws, and will not: (i) contain any material which is defamatory of any person, obscene, pornographic, offensive, hateful or inflammatory; (ii) promote sexually explicit material; (iii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person; (v) contain viruses, corrupted data, or other harmful, disruptive, or destructive files; (vi) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (vii) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person, all as determined in our sole discretion; (viii) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (ix) give the impression that it emanates from us, if this is not the case; and/or (x) contain anything that, in the sole determination of Vibram, is objectionable or inhibits any other person from using or enjoying the Web Site, or which may expose Vibram or its users to any harm or liability of any kind. Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined in Vibram’s sole discretion, constitutes a material breach of these Terms. If you breach these Contribution Guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the Web Site; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorney’s fees; and/or (iv) disclosure of information to law enforcement authorities.
10 | Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent. Service Provider: Vibram Commerce LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to Which Notification Should Be Sent: 18 School Street, North Brookfield, MA 01535
Telephone Number of Designated Agent: 978 318 0000
Facsimile Number of Designated Agent: 978 831 1956
E-Mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites (including the Site), electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
11 | Copyright and Ownership. All Content including the Web Site design are either the property of, or used with permission by Vibram and are protected by copyright, trademark, trade dress and other laws relating to intellectual property rights and may not be used except as permitted in these Terms or with the prior written permission of Vibram. The Web Site, Content and all related rights shall remain the exclusive property of Vibram or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from Content or other material found on this Web Site. Any unauthorized use of the Web Site, Content or related materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
12 | Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Vibram and its affiliates; notably Vibram, the Vibram Logo, the Octagon Logo, the Yellow Octagon Logo, FiveFingers and the FiveFingers Logo are registered trademarks and trademarks of Vibram’s Italian parent company Vibram S.p.A.. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Vibram or such third party owner.
13 | Linking to this Web Site & Framing. Creating or maintaining any link from another Web Site to any page on this Web Site without Vibram's prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without Vibram's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations. Further, without the prior written permission of Vibram, you may not frame or make it appear that a third-party Web site is presenting or endorsing any of the content of the Web Site, or incorporate any intellectual property of the Web Site, Vibram, or any of its licensors into another Web site or other service.
14 | Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Vibram or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Vibram nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither Vibram nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
15 | DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THIS WEB SITE AND THE PRODUCTS, CONTENT, SERVICES AND OTHER MATERIALS PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER VIBRAM NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS, CONTENT, SERVICES AND OTHER MATERIALS ON OR THROUGH THIS WEB SITE. THE PRODUCTS, CONTENT, SERVICES AND OTHER MATERIALS ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER VIBRAM OR ANY OF IT'S AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH PRODUCTS, CONTENT, SERVICES AND OTHER MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VIBRAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIBRAM HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
16 | LIMITATIONS OF LIABILITY. VIBRAM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEB SITE. IN NO EVENT WILL VIBRAM OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE. IN NO EVENT SHALL VIBRAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEB SITE.
17 | Indemnity. You agree to defend, indemnify and hold Vibram and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of this Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party. Vibram reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Vibram in asserting any available defenses.
18 | Revisions to these Terms. Vibram may revise these Terms at any time and from time to time by updating this posting and the “Last updated” date provided below. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
19 | Choice of Law. These Terms supersede any other agreement between you and Vibram to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws.
20 | Disputes. Any disputes or claim relating in any way to the Web Site will be decided by binding arbitration, individually and without resort to any form of class action. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the Boston, Massachusetts area before one arbitrator to be mutually agreed upon by both parties. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable.
21 | Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site or our Services at any time without notice.
22 | Severability. In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.
Last updated: March 25, 2020.