Your Acceptance of this Agreement
Please read this Agreement carefully. Your access to and use of the Site constitutes your acceptance of this Agreement. Eastland may change or supplement this Agreement at any time as it deems appropriate, and your continued or subsequent access to and use of the Site constitutes your acceptance of such modified or supplemented Agreement.
Ownership of the Site
As used in this Agreement, the term "Site" includes all content and aspects of the Site collectively and individually (including, without limitation, all Eastland trademarks, any text, graphics, images, buttons, design lay-out and arrangement, and all software comprising the Site). The Site along with all intellectual property and other rights therein is the sole and exclusive property of Eastland or its licensors. Your only rights in and to the Site are the limited license rights provided pursuant to this Agreement. All other rights are expressly reserved.
Subject at all times to this Agreement, Eastland hereby grants you a limited, revocable, non-transferable and non-exclusive right and license to access and use the Site by displaying it on your Internet browser only for the purpose of reviewing information about Eastland and its products and for purchasing personal items sold on the Site. Your license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party unless Eastland expressly agrees to such use in advance and in writing. Eastland may terminate this license at anytime and for any reason with or without notice to you. Any use of the Site not expressly granted in this Agreement is a breach of this Agreement and may violate intellectual property and other laws. Without limiting the generality of the foregoing, you agree that:
- Your use of the Site will be for lawful purposes only in full compliance with all applicable local, national, and international laws, rules and/or regulations.
- You will not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site.
- You will not upload or post as part of any Submission (defined below) or otherwise any information or materials that (1) constitute or contain any message of a commercial nature (including, without limitation, any solicitation, advertisement, marketing materials, etc.); (2) violate, infringe or misappropriate any third party intellectual property or other rights; or (3) are false, misleading, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
- You will not use with or launch or upload to the Site any automated program, system or routine that may in any way be harmful to the Site or in any way interrupt, destroy, limit or otherwise affect the functionality or security of the Site or any computers, networks and other hardware and software connected thereto or used therewith, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.
- You will not collect or harvest any personally identifiable information, including account names, from the Site.
- You will not submit any misleading information about yourself (such as a false email address) or otherwise impersonate any other person while using the Site.
The list above is not exhaustive. Eastland reserves the right to monitor your use of the Site and any Submissions that you post to the Site. Eastland may edit or remove any Submissions and may terminate your rights under this Agreement at any time, for any reason. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Eastland shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Certain portions of the Site invite you to provide and post product reviews, suggestions and feedback, product ideas and designs, knowhow, techniques, and other information, text, images and similar content. Any such information, materials or content (including, without limitation, any product reviews and feedback, product ideas and designs, and other information, text, images and similar content) are collectively and individually referred to in this Agreement as "Submissions". All Submissions will be treated as non-confidential and non-proprietary. Upon posting any Submission you are irrevocably assigning to Eastland any and all rights in and to such Submission, including, without limitation, any intellectual property rights therein. In the event that any such assignment is deemed invalid, Eastland shall automatically have a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form. Eastland may thereafter disclose, post, edit and otherwise use any Submission in any manner that Eastland deems appropriate all without any compensation or credit to you. Submissions are subject to the terms of this Agreement at all times.
User IDs & Passwords
Eastland may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed to have accepted the terms and conditions of this agreement. Eastland has no obligation to investigate the authorization or source of any such access or use of the site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify eastland of any unauthorized use of your password or identification or any other breach or threatened breach of the site’s security.
Risk of Loss, Return Policy & Product Availability
The risk of loss and title for items purchased by you pass to you upon Eastland’s delivery of the items to the applicable carrier. All product returns must be in compliance with Eastland’s Return Policy. Eastland shall have the right to refuse or cancel any orders. If your credit card has already been charged for the purchase and your order is canceled, Eastland shall immediately issue a credit to your credit card account in the amount of the charge. Eastland cannot and does not guarantee that all products will be available at all times and/or that all products may be sold outside of the United States.
Disclaimer of Warranties and Limitation of Liability
The site, any products offered for sale on the site and any transactions conducted via the site are provided by eastland on an "as is" basis. Eastland makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, eastland disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and title. This site may include inaccuracies, mistakes or typographical errors. Eastland assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the site, (ii) personal injury or property damage, of any nature whatsoever, resulting directly or indirectly from your access to and use of the site, (iii) any unauthorized access to or use of eastland’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the site, (v) any bugs, spiders, robots, viruses, worms, trap doors, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (vi) any errors or omissions in any site or for any loss or damage of any kind incurred as a result of the use of any site posted, emailed, transmitted, or otherwise made available via the site. Eastland does not warrant, endorse, guarantee, or assume responsibility for any product or service discussed, promoted, advertised, or offered by a third party through the site or via any site hyperlinked from the site or featured in any banner or other advertising, and eastland will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Eastland does not warrant that the site will be available at all times or be uninterrupted or error free.
To The Maximum Extent Permitted By Law, Eastland Will Not Be Liable For Any Damages Of Any Kind Arising From The Use Of This Site, Including, But Not Limited To Indirect, Incidental, Punitive, Exemplary, Special Or Consequential Damages. To The Maximum Extent Permitted By Applicable Law, Eastland’s Total Liability To You For Any Damages (Regardless Of The Foundation For The Action) Shall Not Exceed In The Aggregate The Amount Actually Paid By You To Eastland During The Month Immediately Preceding The Act Allegedly Giving Rise To Eastland’s Liability.
The above may not apply in jurisdictions that do not allow the exclusion of certain warranties or limitations on liability. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action. Your remedies under this Agreement are exclusive and are limited to those expressly provided for herein.
You agree to defend, indemnify and hold harmless Eastland and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of: (i) your use of the Site and/or any information, services and/or goods provided via the Site; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that your Submissions caused damage to a third party. The obligations under this subsection will survive this Agreement and your use of the Site.
The Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Eastland is not responsible for the operation of or content located on or through any such site.
Digital Millennium Copyright Act
It is Eastland’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Submission or other aspect of the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Eastland’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c) (3) for further detail):
- 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 Eastland to locate the material;
- Information reasonably sufficient to permit Eastland to contact you, such as an address, telephone number, and, if available, an email address;
- 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
- 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.
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Eastland customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Site or disabled after Eastland received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Eastland a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the Site that has been removed or to which access has been disabled and the location at which the Site appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Site was removed or disabled as a result of mistake or a misidentification of the Site; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notification is received by the Copyright Agent, Eastland 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 Eastland and provides Eastland with notice of same, 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-notification, at Eastland’s sole discretion.
You expressly agree that any claim or controversy arising out of or related to this Agreement, the Site, or the services or products provided on or through the Site shall be settled by binding arbitration to be held in Portland, Maine in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Eastland from seeking any injunctive relief in any court of competent jurisdiction for protection of Eastland’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Eastland or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Site providers. This Agreement is governed by the internal substantive laws of the State of Maine, without respect to conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No right or remedy of Eastland shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief or attorneys’ fees and expenses. No instance of waiver by Eastland of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This Agreement, and the policies incorporated by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
Intellectual Property Notice
The Site contains registered and/or unregistered copyrights of Eastland Shoe Corp. The terms "Eastland", "Underfoot", "For Feet with a Life", "ShoeBox", "You’ll Love What You Find Inside", "Eastland Knot", "Camden Rock", "Southwest Moccasin" the Eastland logo, the Underfoot logo, the compass rose design and the Southwest Moccasin logo are all registered or unregistered trademarks of Eastland Shoe Corp. All rights reserved.
Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to abide by and comply with this Agreement.