Conditions of Use
We welcome you to the Kodiak Boots website and thank you for visiting. Please review the following terms that govern the use of the site and the purchasing of products from our site. By visiting and/or shopping at Kodiakboots.ca you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified. Again, thanks for visiting.
Email and Electronic Communication
Email over the Internet is not a secure medium and privacy cannot be assured. Kodiak will not be responsible for any harm or damage you may experience or incur by sending personal or confidential information to Kodiak over the Internet by email, or if we send such information at your request.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to indemnify and hold harmless Kodiak Group Holdings Co. and its affiliates, agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of this agreement or the use of this Site.
Disclaimer of Liability
This Site is provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by Kodiak to the fullest extent permitted by law. Kodiak will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, this Site, any of its content or links (including without limitation any inaccuracies or viruses), or any Web browser or other equipment.
Third-Party References and Links
References in this Site to third parties' goods or services are not endorsements or approval of such goods or services. Links to other sites are not endorsements or approvals of such sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection, worms, Trojan horses or other destructive / disruptive components on or from such sites.
The material in this website and documents contained herein is for information only and subject to change without notice. While reasonable efforts have been made to assure its accuracy, Kodiak assumes no liability resulting from errors or omissions in this website and documents contained herein, or from the use of the information contained herein. Kodiak reserves the right to make changes or revisions to product design, specifications of Kodiak products without reservation and without obligation to notify any person of such revisions and changes.
Despite best efforts, pricing errors may occur. We reserve the right to cancel any orders containing pricing errors.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kodiak or its content suppliers and protected by Canada, United States, and international copyright laws. The compilation of all content on this site is the exclusive property of Kodiak and protected by Canada, U.S., and international copyright laws. All software used on this site is the property of Kodiak or its software suppliers and protected by Canada, U.S., and international copyright laws.
Linking to This Site
The framing, mirroring, scraping or data mining of this site or any of its content in any form and by any method is strictly prohibited.
If you use 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. Kodiak does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use this website only with the consent of a parent or guardian. Kodiak reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
If Kodiak makes such services available in the future, visitors may post reviews, comments, photos, and other content; send ecards and other communications; and submit comments or questions, so long as the content is not contrary to Kodiaks’ Unsolicited Idea Policy, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kodiak reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Kodiak a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kodiak and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kodiak for all claims resulting from content you supply. Kodiak has the right but not the obligation to monitor and edit or remove any activity or content. Kodiak takes no responsibility and assumes no liability for any content posted by you or any third party.
Transfer of Title and Risk of Loss
You agree that transfer of title and the risk of loss for all items purchased on our ecommerce website at www.kodiakboots.com passes to you at point of shipment. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Any dispute relating in any way to your visit to this site or to products you purchase through this website shall be submitted to confidential arbitration in Fort Worth, Texas, United States, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Williamson-Dickie Mfg. Co., Williamson-Dickie Canada Co. or their affiliates, Kodiak or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these conditions of use shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.