Terms of Use - brooksrunningusshop

Welcome to brooksrunningusshop.com ("Website"), operated by brooksrunningusshop ("we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of the Website, including any content, features, services, or products available on or through the Website. By accessing or using the Website, you ("User" or "you") acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy, Shipping Policy, Refund Policy, and other applicable policies posted on the Website. If you do not agree to these Terms, you must not access or use the Website.

1. Eligibility

To access and use the Website, you must be at least 16 years of age. By using the Website, you represent and warrant that you are 16 years of age or older and have the legal capacity to enter into these Terms. If you are accessing the Website on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. User Accounts

• To access certain features of the Website (e.g., placing orders, saving preferences), you may need to create a user account. You agree to provide accurate, complete, and current information during the registration process and to update such information as needed to keep it accurate, complete, and current.

• You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.

• We reserve the right to suspend or terminate your account at any time, without prior notice, if we believe you have violated these Terms, provided false or misleading information, or engaged in fraudulent or unauthorized activities.

3. Permitted Use of the Website

You may use the Website solely for personal, non-commercial purposes related to browsing, researching, and purchasing running shoes and apparel, and for accessing the services provided on the Website. You agree to use the Website in compliance with all applicable laws, regulations, and these Terms.

4. Prohibited Activities

You are prohibited from engaging in any of the following activities when accessing or using the Website:

• Violating any applicable local, state, national, or international law or regulation.

• Unauthorized access, use, or modification of any content, data, or systems on the Website, including attempting to bypass security measures or access restricted areas.

• Transmitting or uploading any viruses, malware, spyware, or other harmful code that could damage, disrupt, or impair the Website or the devices of other users.

• Engaging in fraudulent activities, such as placing fake orders, using stolen payment information, or impersonating another person or entity.

• Posting, transmitting, or distributing any content that is defamatory, offensive, harassing, violent, obscene, or discriminatory.

• Scraping, crawling, or harvesting any content from the Website without our prior written permission.

• Interfering with or disrupting the operation of the Website, including overloading the system with excessive requests or engaging in denial-of-service attacks.

• Using the Website to promote or sell any products or services not offered by us, or for any commercial purpose not expressly permitted by these Terms.

5. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, product descriptions, trademarks, service marks, and software ("Intellectual Property"), is the exclusive property of brooksrunningusshop or its licensors. All trademarks, service marks, and logos displayed on the Website are registered or unregistered trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable license to access and use the Intellectual Property solely for the purpose of using the Website as permitted by these Terms. You may not copy, reproduce, distribute, modify, adapt, display, perform, or otherwise use any Intellectual Property without our prior written permission. Any unauthorized use of the Intellectual Property is a violation of these Terms and may constitute infringement of intellectual property laws.

6. Website Content and Accuracy

We strive to provide accurate, complete, and up-to-date content on the Website, including product information, pricing, and availability. However, we do not warrant or represent that the content is error-free, complete, or current. Product images are for illustrative purposes only and may differ from the actual product. We reserve the right to correct any errors, omissions, or inaccuracies on the Website at any time, without prior notice.

We may update or modify the content on the Website from time to time, but we are not obligated to do so. The content on the Website is provided "as is" and "as available" without any warranties of any kind, either express or implied.

7. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources. These links are provided for your convenience only, and we do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites, services, or resources. You access and use third-party links at your own risk.

We may use third-party service providers to assist in operating the Website or providing services (e.g., payment processing, shipping, analytics). These third-party service providers are bound by confidentiality agreements and may only use your information to perform the services we have engaged them for.

8. Limitation of Liability

To the maximum extent permitted by applicable law, brooksrunningusshop shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of the Website, or any content, products, or services available on or through the Website.

Our total liability to you for any claim arising out of these Terms or your use of the Website shall not exceed the amount of any purchases you have made through the Website in the past 12 months, or $100 if no purchases have been made. This limitation of liability applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) upon which the claim is based.

9. Indemnification

You agree to indemnify, defend, and hold harmless brooksrunningusshop, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your access to or use of the Website, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

10. Termination

We may terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason, including but not limited to your violation of these Terms. Upon termination, your right to access and use the Website will immediately cease. Sections 5 (Intellectual Property Rights), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law), and 12 (General Provisions) shall survive termination.

11. General Provisions

• These Terms constitute the entire agreement between you and us with respect to your access to and use of the Website, and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.

• We reserve the right to update or modify these Terms at any time. The updated Terms will be posted on the Website with a new effective date. Your continued access to or use of the Website after the updated Terms are posted constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically for any changes.

• If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

• Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other provision.

• You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written permission. We may assign or transfer these Terms without your consent.

13. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Use, please contact our customer service team at:

Email: [email protected]

We will respond to your inquiry within 24 business hours (excluding weekends and public holidays) and work to resolve your issue promptly.