PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE
Vibram Corporation (“Vibram,” “we,” “us,” or “our”) appreciates your interest in our company and your visit to the website us.vibram.com owned and operated by Vibram (the “Web Site”). The Web Site provides you with various shopping, e-commerce and community services (“Services”), access to content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), as well as access to interactive areas or community features, including without limitation discussion forums, blogs, that may allow you to submit user generated content, user reviews, suggestions, ideas, comments, concepts, know-how, techniques, via the Web Site or otherwise (“Contributions”). These Terms of Use (“Terms”) set forth the basic terms and conditions that govern your visit to and use of the Web Site, and your use of the Services, Content and Contributions. Please read them carefully, as your use of the Web Site constitutes your consent to be bound by these Terms. If you do not agree to and accept these Terms, please do not use the Web Site.
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.
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.
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.
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 this page
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.
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.
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.
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.
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.
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: inquiry@vibram.com
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.