Our liability to you for breach of these Terms of Use
Nothing in these Terms of Use is intended to exclude or limit our liability for property damage, death or personal injury caused by our negligence, for fraudulent misrepresentation, gross negligence or for any other liability that cannot be excluded or limited by law.
Although we do our best to provide informative Websites that you'll enjoy browsing, unless where we have expressly set out to the contrary in these Terms of Use, the Websites are made available to you on an "as is" basis. This means that we do not accept any liability to you in respect of it (subject to the rest of this section). It is therefore your responsibility, not ours, to ensure that the Websites are suitable for your intended purposes when you use it.
We accept no liability as to the suitability or fitness of the Websites in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, terms, conditions, undertakings, promises or guarantees (referred to as "promises" in this section) including:
- that access to the Websites will be available, timely, uninterrupted or error-free;
- that the Websites or the computer server from which the Websites are made available, are free of viruses or other harmful components; and
- to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Websites or otherwise made available in connection with the Websites.
We will not be liable to you for any loss or damage caused by events beyond our reasonable control, such as a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or on any website linked to our Websites.
Finally, we will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
Please note that, in some cases, there are some implied promises which we legally cannot exclude. To find out more about these and to seek advice about your legal rights, please note that this is available from your local consumer rights advisory service.
Our intellectual property rights
The intellectual property rights in the Websites and copyright in all material stored, displayed and accessible on the Websites is either owned by us or licensed by third parties (referred to as "Content" throughout this section). All such rights in our Content are reserved by us or our licensors and protected by copyright laws and treaties around the world.
You may not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Websites, without our express prior written consent.
In spite of this, you may view, use, download, and print selected portions of the Websites solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact and do not obscure or remove any copyright, trademarks, service marks, attributions, patent, and other proprietary notices.
Other terms and conditions
Although you've probably noticed already, these Terms of Use only apply to your use of the Websites and not our contract with you for any products you've bought from us. Please refer to the latest version of the Terms of Sale on www.keenfootwear.com, although it is important to remember that the terms that govern any purchase from us will be those which were in force at the time of the relevant purchase. In addition to the Terms of Sale, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms of Use, the additional terms will govern with respect to your access to or use of the applicable feature, product or service.
Miscellaneous
We may transfer our rights and obligations under these Terms of Use to another organization, but this will not affect your rights or our obligations under these Terms of Use.
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, or that you do not have to comply with those obligations. If we do waive a default or breach of these Terms of Use by you, we will only do so in writing.
Dispute Resolution; Binding Arbitration; Governing Law and Venue
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive both of our rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or the Websites resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or the Websites will be resolved through confidential binding arbitration held in Multnomah County, Oregon in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related to these Terms of Use or our Websites is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You and we agree that the state or federal courts of the State of Oregon and the United States sitting in Multnomah County, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms of Use or the Websites must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and we will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending an email to legal@fuerstgroup.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following paragraph.
These Terms of Use and your access to and use of the Websites, including any dispute or claim arising out of or in connection with these Terms of Use or the Websites (including non-contractual disputes or claims) are governed by and shall be construed in accordance with Oregon law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Multnomah County, Oregon.
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