Last Modified Date: November 2, 2021
Read these Terms carefully before you begin using this Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.
The Services are also not intended for use by minors. By using the Services, you represent and warrant that you are eighteen (18) years of age or older.
1. Access to and Use of the Site and the Services
Access to certain portions of the Site is restricted to registered users. To use register an account and/or make a purchase through our Site, you may be required to provide your name, telephone number(s), and e-mail as well as and other personally identifiable information (“Personal Information”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all requests and transactions related to this Site and its operation, including without limitation your registration of an account, your purchase of any products, and any other transactions you undertake on the Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
a. Registration and Security
You agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Site or when speaking to a Workwear representative over the phone, is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when providing information. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services or Site through your account without your consent or your account has been accessed without your permission). We also recommend that you do not store your password through your web browser or other software. We strongly recommend that you do not use the Services or access the Site on any public computer.
b. Limitations on Use
The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and their content.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:
- in any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
- in any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
- in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
- copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof;
- share or sell information derived from or related to the Services, the Site, or any content thereof;
- modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;
- knowingly or negligently permit other individuals or entities to use or copy the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device;
- circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
- use the Services to collect or store Personal Information about other users;
- knowingly include or use any false or inaccurate information in any customer account;
- in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
- attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
- transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
- use the Site in any way that competes with us; or
- encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SITE OR TO RETAIN THE CONTENT ON THE SITED UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.
c. Feedback and Suggestions
All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Workwear or otherwise disclosed, submitted, or offered concerning the Site in connection with your use of the Site (collectively, “Feedback”) will be Workwear’s property. Such disclosure, submission, or offer of any Feedback will constitute an assignment to Workwear of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Workwear will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback. Workwear specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Site. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary, and Workwear will not have any obligation or liability to you arising from Workwear’s, and/or any third party’s, receipt or use of such information or material.
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials that you submit, upload, post or otherwise provide or make available through the Site (“Submissions”). Such Submissions may be used on the Site and/or on other Kodiak Boots® marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or older. If your Submission is selected by Workwear to be used, it may be displayed for other users to see. Workwear is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
e. Social Media and Third-Party Website Posts
Furthermore, you agree to allow the use of your content, containing references to Workwear brands, that you post on third-party companies’ websites, including but not limited to Instagram, Twitter, Facebook, Vine, Pinterest and Google+, associated with hashtags related to the Kodiak® brand, including, for example, #KodiakBoots, #KodiakSafety (collectively understood as “Social Media Posts”). Such Social Media Posts may be used on the Site and/or on other Kodiak® marketing materials, including but not limited to other third-party websites promoting or offering for sale Workwear goods, along with emails, social media, or store signage. You may only make a Submission if you are 18 years of age or older. If a Social Media Post is selected by Workwear, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle). Workwear is under no obligation to display, feature or use any Social Media Post, but may do so at its sole discretion.
- You agree to indemnify Workwear, and each of our respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission or Social Media Post, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name.
- Workwear reserves the right, at its sole discretion, to edit any Submission or Social Media Post and to choose to include or not include such Submission or Social Media Post on the Site or otherwise use the Submission or Social Media Post. The Site may include the opinions, statements and other content of third parties. Workwear is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of Workwear, including its licensors and/or vendors, and Workwear does not endorse any such opinions, statements, or materials.
g. Disclaimer for Feedback, Submissions, and Social Media Posts
You understand that all Feedback, Submissions, and Social Media Posts posted on, transmitted through, or linked from the Site, is the sole responsibility of the person from whom such Feedback, Submissions, and Social Media Posts originated. You understand that Workwear does not control and is not responsible for Feedback, Submissions, and Social Media Posts made available through the Site and that by using the Site, you could be exposed to Feedback , Submissions, and Social Media Posts that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. Workwear expressly disclaims any liability for such Feedback, Submissions, and Social Media Posts. Further, you acknowledge and agree that Workwear has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Feedback, Submissions, and Social Media Posts.
h. Cancellation, Termination, and Account Deletion
You may cancel your account at any time by emailing us at firstname.lastname@example.org. At cancellation, your account will be inactivated and you will no longer be able to log into your account. Workwear may terminate your password, account, or use of the Services at any time at any time if you breach or otherwise fail to comply with these Terms. In addition, Workwear may terminate an account at any time in its sole discretion. If Services are suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe to the Services, including the payment of any fees required to be paid by a new subscriber.
i. Updates and Outages
It may be necessary for Workwear to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or Services or result in a partial or complete outage of the Site or Services. Workwear provides no assurance that you will receive advance notification of such activities or that the Site or Services will be uninterrupted or error-free. Any degradation or interruption of the Site or Services will not give rise to a refund or credit of any fees paid by you.
j. Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You agree that you will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
k. Links to Third-Party Websites
These Site may contain links to other websites on the Internet, which are not maintained by us. When you leave the Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
l. Reliance on Information Posted
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site or the entirety of the Site is unavailable for any period of time. Periodically, we may restrict access to portions of the Site or the entirety of the Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within the Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the materials of this Site by you or any other user of the Site, or by anyone who may be informed of any of their contents.
2. Custom Products and Related Submissions
If you are a Kodiak Boots custom product designer, you may submit letters, numbers, spaces, symbols, designs, logos, photographs, drawings, and other materials to apply to the product (the foregoing to be included in the definition of “Custom Submissions”). All Custom Submissions are subject to these Terms, including but not limited to Sections 1.d and 1.e, above. As a reminder, you may not use, select, upload, submit or otherwise make public anything that contains any of the following:
- Content that may infringe the trademark or copyright or other intellectual property rights of someone else (e.g., brand names or logos, product names, events, professional sports teams, even color combinations, or photographs or artwork belonging to someone else);
- Name or nickname or symbol or image associated with another person (living or dead) unless you have that person’s consent; or
- Content that may be or may contain images that are insulting, abusive, inciting violence, threatening, intimidating, obscene, inflammatory, sexually explicit, profane, offensive, harassing, derogatory, degrading, defamatory, harmful, discriminatory or unlawful or invasive of another’s privacy.
Workwear reserves the right to reject any Custom Submissions that contain any of the above or which are otherwise unacceptable to Workwear. If your Custom Submissions is not accepted, you will receive a notification and your order may be blocked from being submitted or cancelled. If you believe your Submission was rejected in error, you may contact our customer service department for further review. By placing your order for your custom products, you agree to these Terms and acknowledge your obligations hereunder.
All custom products with your Custom Submissions are made just for you and may not be returned.
3. Availability of Products, Services, Features, and Content.
All products, services, features and content available on or through the Site, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Workwear’s review and approval. If Workwear chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
4. Intellectual Property
Kodiak Boots trademarks displayed on this Site are trademarks or registered trademarks of Workwear and its affiliated companies in the United States and internationally. All other trademarks are the sole property of their respective companies. All use prohibited.
The Site, including all text, images, designs, graphics, content, blogs, forums, product descriptions, data sheets, FAQs, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, Workwear owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site’s database(s) as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site’s content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.
You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying Services and the content published herein, by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any content provided by us, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.
5. Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
WORKWEAR, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THE SITE. WE MAKE NO WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIM ANY WARRANTIES, FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT APPLY TO KODIAK PRODUCTS. INFORMATION CONCERNING WARRANTIES FOR KODIAK PRODUCTS CAN BE FOUND Warranty Policy.
6. Your Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on them, or on any third-party website linked to them.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WORKWEAR, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SITE AND THE SERVICES.
You acknowledge that you are responsible for any actions you take while on the Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT WILL WORKWEAR, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
You will indemnify, defend, and hold harmless Workwear, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
- your access to or use of the Site, including but not limited to its Services and its content;
- your Submissions, Custom Submissions, or Social Media Posts;
- your violation of any of the provisions of these Terms;
- any activity related to your account by you or any other person accessing the Services through your account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s content and Services, other than as expressly authorized in this Terms, and your use of any information obtained from the Site or any information you provide to the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Our Compliance with COPPA
10. Governing Law and Venue
11. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Workwear in writing.
No joint venture, partnership, employment, or agency relationship exists between you and Workwear as a result of the Terms or use of the Services.
13. Force Majeure
No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.
We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes. Your continued use of the Site and Services will constitute acceptance of, and agreement to, the revised Terms.
15. Entire Agreement
16. Contact Us
To ask questions or comment about these Terms, you may contact us at:
Customer Service: 1-833-568-9557
E-mail Address: email@example.com
ATTN: Workwear Outfitters Ecommerce Department
545 Marriott Drive, Nashville, Tennessee, USA 37214