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TERMS & CONDITIONS
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.
Privacy
Please review our Privacy Statement, which also governs your
visit to the Site, to understand our practices.
Copyright
All content included on this Site, including, but not limited
to, text, graphics, photographs, images, button icons, page headers, moving
images, sound, illustrations and software ("Content"), is owned by Dr. Martens
and/or its third-party providers and is protected by United States and
international copyright laws.
Copyright © 2008 Dr. Martens E-Commerce, LLC. ALL RIGHTS
RESERVED.
You may not modify, remove, delete, augment, add to, publish,
display, transmit, retransmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole or in
part. If no specific restrictions are displayed, you may download or make copies
of select portions of the Content, provided that the copies are made only for
your personal use and that you maintain any notices contained in the Content,
such as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by the
fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section
107), you may not upload, post, reproduce, or distribute in any way Content
displayed on this Site without obtaining the prior written permission of Dr.
Martens.
Nothing contained on the Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
the Site, the Content, or any information displayed on the Site, through the use
of framing or otherwise, except: (a) as expressly permitted by these Terms and
Conditions; or (b) with the prior written permission of Dr. Martens or the prior
written permission from such third party that may own the trademark or copyright
of information displayed on the Site.
Trademarks
All trademarks, service marks and trade names of Dr. Martens
are trademarks or registered trademarks of Dr. Martens or its affiliates and
third-party licensors, including, but not limited to: DR. MARTENS, DOC'S, DM'S,
DM'S DR. MARTENS, DOC MARTENS, THE DR MARTENS RESISTANCE RECTANGLE, AIRWAIR,
AIRWAIR WITH BOUNCING SOLES, MADE LIKE NO OTHER SHOE ON EARTH AND TRADE DRESS
FEATURES INCLUDING: TWO TONED GROOVED SOLE EDGE, YELLOW STITCHING, BLACK AND
YELLOW HEEL TAG READING "AIRWAIR WITH BOUNCING SOLES", THE DMS SOLE PATTERN.
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.
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Site access
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.
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Product Availability
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.
Price Guarantee
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.
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Colors
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.
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Your account
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 discretion.
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Export
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.
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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.
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Links
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 written permission.
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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).
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Online conduct
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 you.
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.
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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.
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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 or guardian.
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 terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT ON THIS SITE,
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 ACCORDANCE WITH
THE TERMS OF OUR PRIVACY POLICY.
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Indemnification
You agree to defend, indemnify and hold Dr. Martens harmless
from and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
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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.
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Applicable law
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.
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Disputes
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 Conditions.
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Site policies, modification and sever ability
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
condition.
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