Updated: May 1, 2007
Our Terms of Use basically says this: Everything on this site is for your personal use only (i.e., don’t sell or take anything for commercial use), you will not damage our site, and that you’ll submit accurate user information. The Terms of Use also describes how to contact us if you think we’ve used something of yours without your permission Also, by using this site, you agree to everything in the Terms of Use.
Woodrow Wear Terms of Use
Welcome to WoodrowWear.com. Please carefully review these terms of service before using the Woodrow Wear website (the “Website”). Use of the Website is governed by these terms of service and, by accessing or using the Website, a service of Woodrow Wear, LLC (“Woodrow Wear”), you acknowledge that you have read, understood and accept these terms of service. If for any reason you do not agree to be bound by these terms of service, please leave the Website immediately.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that communications provided electronically satisfy any legal requirement that such communications be in writing. You understand and agree that the Website may include advertisements. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for such fees.
Users under Age 13
The Website is not intended for use by individuals under 13 years of age. If you are under 13 years of age, you may not use the Website.
Intellectual Property
The Website as a whole, as well as all elements contained on or comprising the Website (other than as described in the section below entitled User Information) including, the text, Website design, logos, graphics, icons, images, illustrations, photographs, digital material, as well as the selection, assembly, arrangement, and “look and feel” thereof are the sole property of Woodrow Wear or its licensors, and are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. All software used in the Website is the property of Woodrow Wear or its licensors, and such software is protected by U.S. and international copyright laws.
Woodrow Wear grants you a limited, nonexclusive, nontransferable license to access and use the Website and the contents to access and make personal use of the site. In addition, permission is granted to electronically display and electronically copy and print hard copy portions of the Website for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the Website is strictly prohibited without prior written permission from Woodrow Wear, LLC.
The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Website are owned by Woodrow Wear or third parties who have authorized their use. Without limiting the foregoing, “Traction Treads”, is a trademark of Woodrow Wear.
Limitations on Use
You agree not to use the Website or any products or services available on the Website for any purpose that is unlawful or prohibited by these terms of service.
You further agree not to submit any information or other materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to the Website or any products or services available on the Website, other accounts, computer systems or networks connected to the Website through hacking, password mining, the impersonation of others, the unauthorized use of another’s user name, password or other information, or any other means. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Website or the content contained herein without Woodrow Wear’s express prior written permission.
User Information
You represent that you are the sole owner and creator (or otherwise possess all rights necessary to make the grant of rights described herein) of any information or materials of whatever nature submitted or posted by you on the Website (the “User Information”).
You represent and warrant that the User Information (together with all identifying information you submit to the Website regarding yourself or others, including, without limitation, your or their name, email address and other contact information) is true. Information posted by a user of the Website or as described in the next paragraph, without limitation, (i) does not and will not infringe any intellectual property, privacy, or publicity rights of a third party; (ii) is not and will not be obscene, vulgar, profane, defamatory, threatening, harmful, harassing, abusive, hateful, or embarrassing to a third party; (iii) does not and will not violate any law; (iv) does not and will not constitute or contain false or misleading indications of origin or statements of fact; and (v) does not and will not constitute advertising or solicitation of business.
You grant to Woodrow Wear a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, reproduce, display, license, sublicense, distribute, transmit, edit, and modify the User Information on the home page of the Website and in any advertising, marketing, or promotions by or on behalf of Woodrow Wear of the Website or the services provided by or made available through the Website, including in any media now known or that may be developed in the future (collectively, “Media”). The license granted in the above sentence survives your death or incapacity.
You acknowledge that the User Information may be used by Woodrow Wear in whole or in part, provided the general sense of the User Information is not changed. However, you understand that Woodrow Wear is not obligated to use the User Information in any Media.
You waive any inspection or approval of the finished Media. You waive any claim against Woodrow Wear for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution, and any claim of alteration (including, without limitation, optical illusion or faulty mechanical reproduction), in connection with any User Information. Notwithstanding the foregoing, you understand that personally identifiably information shall be collected, used and maintained in accordance with the provisions of Woodrow Wear’s Privacy Policy.
Disclaimer of Warranty
The website, its contents and the products and services available on the website are provided on an “as is” and “as available” basis. To the maximum extent permissible by law, Woodrow Wear expressly disclaims all representations and warranties, express or implied, of any kind with respect to the website, its uses and the products and services offered on the website, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy and freedom from computer viruses or other harmful components.
Limitation of Liability
To the maximum extent permissible by law, in no event shall Woodrow Wear, its subsidiaries, and its affiliates, and their respective officers, directors, employees, agents, shareholders, representatives, suppliers, or content or service providers be liable for damages of any kind (including without limitation, direct indirect, compensatory, special, incidental, punitive and consequential damages) even if made aware of the possibility of such damages, whether in an action under contract, tort or other theory, arising out of or in connection with the use of, inability to use, unauthorized access to or alteration of data or performance of this website, its contents, information or materials contained on the website, and/or any products or services available at the website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnity
You agree to indemnify, defend, and hold harmless Woodrow Wear, its subsidiaries, and its affiliates, and their respective officers, directors, employees, agents, shareholders, representatives, suppliers, and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (1) any violation of these terms of service, (2) your use of the Website, (3) User Information and any other communications you submit to us, or (4) any activity related to your account with Woodrow Wear (including negligent or wrongful conduct) by you or any other person accessing the Website using your account, Woodrow Wear Website user name or account password.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.
Third Party Links and Frames
Woodrow Wear may provide links to websites operated by third parties. Woodrow Wear makes no representations whatsoever about any third party websites that you may access through the Website. Woodrow Wear is not responsible for the privacy practices, content or operation of such websites. Woodrow Wear prohibits the framing of any materials available through the Website. Woodrow Wear reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to the Website. You may not use the Website or any services available at the Website on or in connection with any other website.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Woodrow Wear shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Privacy Policy
Please review Woodrow Wear’s Privacy Policy for information on Woodrow Wear’s privacy practices with respect to the Website.
Applicable Law; Miscellaneous Legal Matters
The Website is controlled and operated by Woodrow Wear from its offices in San Jose, California. Use of the Website shall be governed by the laws of the State of California without regard to its choice of law principles. All legal proceedings or disputes arising out of these terms of service or your use of the Website shall be resolved exclusively through arbitration in the County of Santa Clara, California, and you agree to submit to the personal jurisdiction of those arbitrators. Any cause of action or claim you may have with respect to the Website (including, without limitation, your purchase of products offered for sale by Woodrow Wear on the Website) must be commenced within one (1) year after the cause of action or claim arises.
These terms of service are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by Woodrow Wear in exercising any right hereunder shall operate as a waiver of the right, and any written waiver in a given instance shall not be deemed to be a continuing waiver of any right. All waivers by Woodrow Wear must be embodied in a written document signed by Woodrow Wear.
Changes to the Website; Termination
Woodrow Wear reserves the right to change or discontinue, temporarily or permanently, the Website, and those products and services available at the Website, including but not limited to revising or deleting features or other information without prior notice to you. You agree that Woodrow Wear shall not be liable to you for any modification, suspension, discontinuance or deletion of the Website, any elements comprising the Website or any products or services available on the Website. Woodrow Wear reserves the right, at its sole discretion, immediately and without notice to you, to limit, restrict, suspend or terminate your account and/or your ability to access the Website (or any portion thereof) and the products and services available on the Website, for any or no reason.
Notices of Claimed Infringement
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information in writing to Woodrow Wear Copyright Agent named below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Woodrow Wear Copyright Agent for notice of claims of copyright infringement can be reached at: Seyfarth Shaw LLP, 560 Mission Street, Suite 3100, San Francisco, CA 94105. Woodrow Wear’s Copyright Agent can also be reached by facsimile at (415) 397-8549 with the contents sent, in each instance, to the attention of Copyright Agent.
About Terms of Service
Woodrow Wear reserves the right to change, alter or modify these terms of service for any or no reason at any time. When Woodrow Wear does so, changes in these terms of service will be posted on the Website and will be effective immediately and binding on you from the date of posting. If you visit regularly, please check these terms of services on a regular basis.
Questions
If you have any questions about these terms of service, please contact us.
Postal contact: Woodrow Wear, LLC, 1702-L Meridian Avenue, San Jose, CA 95125
Email contact: info@woodrowwear.com.