Welcome to www.dmusastore.com.
This website ("Site") is owned and operated by Dr. Martens E-Commerce, LLC,
an Oregon Limited Liability Company and its third-party licensors and its
affiliates ("Dr. Martens"). By visiting or shopping at
www.dmusastore.com you accept these
conditions, so please read them carefully. We reserve the right at our discretion
to revise these Terms and Conditions from time to time. Please check these
Terms and Conditions periodically. By using the Site after we post changes
to these Terms and Conditions, you agree to accept those changes, whether
or not you have actually reviewed them.
If you do not agree to abide by these Terms and Conditions, please do
not enter or make any use of the Site.
Your privacy is important, so we'd like to explain what information we
collect when you visit Dr. Martens E-Commerce (http://www.dmusastore.com),
why we collect it and how it is used. We'd also like to explain your options
to access and control your information, our data security practices and
other matters. This Policy is governed by our Terms of Service.
Please review our Privacy Statement, which also governs your visit to
the Site, to understand our practices.
All content of this site, including, but not limited to, artwork, graphics,
images, illustrations, photographs, text, video, audio clips, logos, and
designs are the intellectual property of the Company, it affiliates, or
third parties who have licensed the materials to us. All content is protected
by copyright, trademark, trade dress, and other intellectual property laws
of the United States and other countries. This website in its entirety including,
without limitation, the design, layout, selection, coordination, and enhancement
of the content, is protected by all copyright and applicable trade dress
laws. All worldwide right, title, and interest is reserved.
This website and its contents are intended solely for your personal,
noncommercial use in order to view and purchase merchandise and participate
in the programs that we offer (the "Permitted Use") and subject to these
Terms and Conditions, you may use this website only for the Permitted Use.
You may not access, use, download, copy, reproduce, publish, distribute,
modify, or create derivative works from, sell, or exploit in any way the
contents of the site, or any related software, or any part thereof for any
other purpose whatsoever. You may download or electronically copy and print
any page contents displayed on the site for the Permitted Use only and no
rights to those materials are transferred to you by such copying. Software
used on this site is the property of the Company or its licensors, and is
protected by United States and international copyright laws.
DR. MARTENS, AIRWAIR, the DR. MARTENS AIRWAIR logo, RESISTANCE RECTANGLE,
YELLOW STITCHING mark, YELLOW STITCHING AND TWO TONE GROOVED SOLE EDGE mark,
TWO TONE GROOVED SOLE EDGE mark, DMS sole design, DR. MARTENS AIRWAIR WITH
BOUNCING SOLES Design, DM'S, DR. MARTENS AIR CUSHION SOLE cross logo, DR.
MARTENS DR. MARTENS cross logo, DOC'S, DOC MARTENS, GETTA GRIP and FREEDM
are trademarks owned or used under license by the Company and may not be
used by you without our written permission.
Nothing contained in or on the Site should be construed as granting,
by implication, estoppel or otherwise, any licence or right to use any of
the trademarks or other intellectual property rights displayed in or on
the Site unless the prior written consent of Dr. Martens has been obtained.
Other than as expressly provided by these Terms and Conditions, your use
of the trademarks or any other intellectual property rights or any Content
in or on the Site in any way howsoever is strictly prohibited. Dr. Martens
operates a worldwide program to enforce its intellectual property rights
to the fullest extent of the law.
All other trademarks not owned by Dr. Martens that appear on the Site
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Dr. Martens and use of this Site grants
you no right to such materials.
You may not download (other than page caching) or modify the Site or
any portion of it, without our express prior written consent. This includes:
a prohibition on any resale or commercial use of the Site or the Content;
any collection and use of any product listings, descriptions, or prices;
any derivative use of the Site or the Content; any downloading or copying
of account information for the benefit of another merchant; or any use of
data mining, robots, browsers, spiders, avatars or intelligent agents or
similar data gathering and extraction tools other than the search engine
and search agents available from Dr. Martens on this Site and other than
generally available third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer). The Site or any portion of the Site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without our express prior written consent. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of
Dr. Martens without our express prior written consent. You may not use any
meta tags or any other "hidden text" utilizing our name or trademarks without
our express prior written consent.
You are prohibited from violating or attempting to violate the security
of the Site, including, without limitation, (a) accessing data not intended
for you or logging into a server or account which you are not authorized
to access, (b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any other
user, host or network, including, without limitation, via means of submitting
a virus to the Site, overloading, "flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail, including promotions and/or
advertising of products or services, or (e) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. Dr. Martens will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
A. Any photographs or other content submitted by you for consideration
for publication on the Dr. Martens Site, collectively referred to as "User
Submissions," shall be subject to the provisions of these Terms & Condition.
By using this Site and submitting User Submissions, you agree to these Terms
& Conditions. You understand that whether or not any User Submissions are
published, Dr. Martens does not guarantee any confidentiality with respect
to the User Submissions, Dr. Martens does not promise or agree to publish
any User Submissions, and Dr. Martens will not return any User Submissions
but is free, in its discretion, to destroy the User Submissions. B. You
shall be solely responsible for your own User Submissions and the consequences
of the posting or publishing of them. In connection with User Submissions,
you affirm, represent, and warrant that you own and have the right to assign
and transfer to Dr. Martens, without permission or consent of any third
party, all right and interest in the User Submissions and in the intellectual
property, and any other proprietary right, contained therein without limitation.
C. By tendering the User Submissions to Dr. Martens, you warrant, represent
and agree that all intellectual property rights contained in the User Submissions,
including all copyright, trademark, trade secret, and any other proprietary
rights are thereby assigned and transferred to Dr. Martens without any further
documentation and that Dr. Martens shall thereafter be the sole and exclusive
owner of the User Sbmissions and of all intellectual property rights and
proprietary rights contained there without exception or limitation. By tendering
the User Submissions, you warrant, represent and agree that Dr. Martens
shall have the sole and exclusive right of use of any and all patent, trademark,
trade secret, copyright or other proprietary rights in and to the User Submissions
without limitation. D. In connection with User Submissions, you warrant,
represent and agree that you will not submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner
of such rights. Further, you warrant, represent and agree that all User
from time to time. E. You warrant, represent and agree that, in connection
with User Submissions, you will not submit material that is contrary to
the Dr. Martens guidelines that may exist from time to time, or contrary
to applicable local, national, and international laws and regulations. Further,
as to any User Submissions invited by Dr. Martens to be submitted for consideration
of publishing on its Site, you warrant, represent and agree that no law
was violated and no right of any person was harmed in obtaining, procuring,
creating or developing the material included within the User Submissions,
it being clearly understood that Dr. Martens does not authorize, approve
or encourage any violation of the law or harm to any person’s legal rights
with respect to the User Submissions. F. You warrant, represent and agree
that Dr. Martens has the sole right to elect to publish or not to publish
the User Submissions, and if published it has the right to terminate publication
in its sole discretion without liability to you or to any third party. G.
You warrant, represent and agree that your User Submissions: 1. Shall not
misrepresent any person or product; shall not falsely impersonate any person
or product; shall not contain any false, misleading or deceptive trademarks,
devices or symbols that could tend to confuse or could likely confuse any
person as to the source, sponsorship, affiliation, membership, quality,
characteristics, or features of the person or product represented in the
User Submissions; 2. Shall not depict a minor person under the age of 18
years without consent of the parent or guardian of the minor person; 3.
Shall not depict any person or product in a false light, or in a disparaging
or tarnishing manner; 3. Shall not be copied by you or anyone else under
your instruction or control; shall not be submitted for publication to any
other person, publisher, website or source; and 4. Shall not have been published
previously on any website or other medium prior to submission to Dr. Martens.
H. Dr. Martens shall not be liable to you or to any third party for any
royalty, payment, use fee or any other consideration for or pertaining to
the publishing, copying, distribution or any other use of the User Submissions
without limitation. You acknowledge and agree that your submission of the
User Submissions to Dr. Martens for publishing consideration shall, together
with your use of the Site, represent and constitute the sole and exclusive
consideration for your obligations under these Terms & Conditions.
Digital Millennium Copyright Act
A. Written DMCA Notice. If you are a copyright owner, or an agent of
a copyright owner, and believe that a User Submission or other content displayed
on this Site infringes your copyright, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing Dr. Martens’
Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail): 1 Physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed; 2. 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; 3. 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 the service provider to locate the material; 4. Information reasonably
sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail; 5. A statement
that you have 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 6. A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. Dr. Martens’
designated Copyright Agent to receive notifications of claimed infringement
is: [name] [address] [phone numbers]. Only DMCA notices should go to the
Copyright Agent. If you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid. B. Written DMCA Counter-Notice.
If you believe that your User Submission that was removed (or to which access
was disabled) is not infringing, or that you have the authorization from
the copyright owner, the copyright owner's agent, or pursuant to the law,
to have your User Submission posted and used on this Site, then you may
send a counter-notice containing the following information to the Copyright
Agent: 1. Your physical or electronic signature; 2. Identification of the
content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed
or disabled as a result of mistake or a misidentification of the content;
and 4. Your name, address, telephone number, and e-mail address, a statement
that you consent to the jurisdiction of the federal court in Portland, Oregon,
and a statement that you will accept service of process from the person
who provided notification of the alleged infringement. If a counter-notice
is received by the Dr. Martens Copyright Agent, then Dr. Martens may send
a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed content or cease disabling it
in ten (10) business days. Unless the copyright owner files an action seeking
a court order against the content provider, member or user, the removed
content may be replaced, or access to it restored, in ten (10) to fourteen
(14) business days or more after receipt of the counter-notice, at Dr. Martens’
Most Dr. Martens products displayed at the Site are available in Dr.
Martens stores in the United States. In some cases, merchandise displayed
for sale at the Site may not be available in Dr. Martens stores. The prices
displayed at the Site are quoted in U.S. Dollars and are valid and effective
only in the United States.
Dr. Martens promises to give you our best price on any items purchased
on our website. If any items purchased from dmusastore.com go on sale on
our website within 2 weeks of your original purchase, we will credit you
the difference. Special promotional discounts are excluded from this guarantee.
All you need to do is contact us at www.dmusastore.com or by phone at 1-800-810-6673
during the two week period. When you contact us please note (1) the style
number of product that is on sale, (2) your order's invoice number. This
offer applies only to items purchased through www.dmusastore.com.
We have made every effort to display as accurately as possible the colors
of our products that appear at the Site. However, as the actual colors you
see will depend on your monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
If you use the 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. Dr. Martens reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission
of information and software to foreign countries and to certain foreign
nationals. You agree to abide by these laws and their regulations - including
but not limited to the Export Administration Act and the Arms Export Control
Act and not to transfer, by electronic transmission or otherwise, any Content
derived from the Site to either a foreign national or a foreign destination
in violation of such laws.
Risk of loss
All items purchased from us are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon
our delivery to the carrier.
We are not responsible for the content of any sites that may be linked
to or from www.dmusastore.com. These
links are provided for your convenience only and you access them at your
own risk. Any other website accessed from the Site are independent from
Dr. Martens, and Dr. Martens has no control over the content of that other
website. In addition, a link to any other website does not imply that Dr.
Martens endorses or accepts any responsibility for the content or use of
such other website. In no event shall any reference to any third party or
third party product or service be construed as an approval or endorsement
by Dr. Martens of that third party or of any product or service provided
by a third party.
You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the homepage of this Site so long as the link does not portray
Dr. Martens or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Dr. Martens logo or other
proprietary graphic or trademark as part of the link without our prior express
Disclaimers of Warranty
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER
DR. MARTENS, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OR DESIGNEES,
NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS,
LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE
SITE WILL BE UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER DR.
MARTENS, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS
OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED
FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED
ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF
THE UNITED STATES. DR. MARTENS AND ITS ASSOCIATES SPECIFICALLY DISCLAIM
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
DR. MARTENS SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF
THE SITE IS AT YOUR SOLE RISK.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL DR. MARTENS OR ITS ASSOCIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING
BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE
SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION,
LOSS OF DATA OR PROFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO DR. MARTENS RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE
OF DR. MARTENS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY
OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY
TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS. HOWEVER, THE LIABILITY OF DR. MARTENS AND ITS ASSOCIATES IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DR. MARTENS SITE, OR
WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY DR. MARTENS IS NOT
AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
Prices, descriptions and availability of products on the Site are subject
to change without notice. Errors will be corrected when discovered, and
we reserve the right to revoke any stated offer and to correct any errors,
inaccuracies, or omissions (including after an order has been submitted
whether or not the order has been confirmed and your credit card charged).
You agree to use this Site only for lawful purposes. You are prohibited
from posting on or transmitting through this Site any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable material
of any kind, including but not limited to any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international
law. If we are notified of allegedly infringing, defamatory, damaging, illegal,
or offensive Content provided by you (e.g., through an author chat or online
review), Dr. Martens may investigate the allegation and determine in its
sole discretion whether to remove or request the removal of such Content
from the Site. We may disclose any Content or electronic communication of
any kind (i) to satisfy any law, regulation, or government request; (ii)
if such disclosure is necessary or appropriate to operate Dr. Martens; or
(iii) to protect the rights or property of Dr. Martens, its Associates and
Dr. Martens reserves the right to prohibit conduct, communication, or
Content that Dr. Martens deems in its sole discretion to be unlawful or
harmful to you, Dr. Martens, any rights of Dr. Martens, or any third party.
Notwithstanding the foregoing, neither Dr. Martens nor its Associates can
ensure prompt removal of questionable content after online posting. Accordingly,
neither Dr. Martens, nor its Associates assume any liability for any action
or inaction with respect to conduct, communication, or Content on the Site.
Termination of usage
We may terminate your access or suspend your right to access to all or
part of the Site, without notice, for any conduct that we, in our sole discretion,
believe is in violation of any applicable law or is harmful to the interests
of another user, Dr. Martens or its Associates.
Usage by children under 18
We cannot prohibit minors from visiting the Site. We must rely on parents,
guardians and those responsible for supervising children under 18 to decide
which materials are appropriate for such children to view and/or purchase.
If you are under 18, you may use this Site only with involvement of a parent
We sell children's products for purchase by adults. We require that all
purchases be made by adult individuals 18 years of age or older, or (ii)
give verifiable permission for such minors to purchase items on the Site
and for the collection by us of certain information in accordance with the
YOU ARE REPRESENTING TO DR. MARTENS THAT YOU ARE AN INDIVIDUAL 18 YEARS
OF AGE OR OLDER, AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN
You agree to defend, indemnify and hold harmless Dr. Martens, including
its officers, members, subsidiaries, parents, affiliates, successors, assigns,
agents, suppliers and employees, from and against any and all claims, damages
(actual and statutory), judgments, penalties, fines, costs and expenses,
including attorneys' fees, arising from or related to (a) your use of the
Site, (b) your tender of User Submissions, and (c) your warranties, representations
or agreements contained in these Terms & Conditions.
US Sales Only
Unless otherwise specified, this Site and the Contents thereof are displayed
solely for the purpose of promoting Dr. Martens products and services available
in the United States and select foreign markets. This Site is controlled
and operated by Dr. Martens from its offices in Portland, Oregon.
By visiting the Site, you agree that the laws of the State of Oregon,
U.S.A., without regard to principles of conflict of laws and not the 1980
U.N. Convention on contracts for the international sale of goods, will govern
these Terms and Conditions and any dispute of any sort that might arise
between you and Dr. Martens and its Associates.
Any dispute relating in any way to your visit to the Site or to products
you purchase through the Site shall be submitted to mandatory, confidential
arbitration. This clause shall be interpreted broadly in favor of arbitration,
and any issues of arbitrability shall be governed by the United States Arbitration
Act. Arbitration shall be conducted in Portland, Oregon, except that, to
the extent you have in any manner violated or threatened to violate Dr.
Martens' intellectual property rights, Dr. Martens may seek injunctive or
other appropriate relief in any state or federal court located in Multnomah
County, State of Oregon, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this Agreement shall be conducted under
the commercial arbitration rules then prevailing of the American Arbitration
Association by a single arbitrator appointed by the AAA. 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 this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise. Should either party file an action contrary to
this provision, the other party may be awarded its reasonable attorneys
fees and costs.
Dr. Martens' failure to insist upon or enforce strict performance of
any provision of these Terms and Conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these Terms and
Site policies, modification and
Please review our other policies, such as our Privacy and Security Policy,
posted on the Site. These policies also govern your visit to the Site. We
reserve the right to make changes to the Site, policies, and these Terms
and Conditions at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed sever
able and shall not affect the validity and enforceability of any remaining
Your obligations under these Terms & Conditions shall survive termination,
and shall be binding on your heirs, administrators, successors and assigns.