Terms & Conditions
Thank you for visiting us at FindYourBoots.com!
FindYourBoots.com’s products and services are provided by FindYourBoots. These Terms of Service ("Terms") govern your access to and use of FindYourBoots.com (“FYB”). FYB provides users with access to a broad array of resources, including various communication tools, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). Please read these Terms carefully. By accessing or using our Service, you agree to be bound by these Terms.
1. IMPORTANT SAFETY INFORMATION AND DISCLAIMER
Be advised that there may be products represented by our Service whose sale, possession or interstate transportation may be restricted, prohibited or subject to special licensing requirements. Users should consult law enforcement agents in their geographic area for information and guidance. All of the information on this Service is based on the personal experiences of individuals who may be using products, equipment, and tools under conditions that may not be explicitly reported or that FYB has not separately verified. FYB specifically disclaims all warranty as to the accuracy or reliability of any information provided by our Service. No information contained on this Service is intended to or does serve as an instruction for the use of any product or the carrying out of any procedure. Users should carefully review and understand all applicable manufacturers’ instructions and specifications prior to handling any product. This includes safety instructions and other warnings intended to prevent personal injury and property damage. Failure to follow all safety protocols may result in serious harm to the users and others. All users agree to assume full liability for any injury, damage, or other harm that may result from their actions taken in connection with this Service, and agree to release FindYourBoots in full for all such liability.
2. USING FindYourBoots.com
a. Who Can Use FYB;
You may use this Service solely for personal and non-commercial purposes only and subject to these Terms, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You agree that we may automatically upgrade or update the Service, and that these Terms will continue to apply to such upgrades or updates.
You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to provide us with accurate and complete information. FYB is concerned about the safety and privacy of all of its users, particularly minor children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are the legal guardian of a minor child, it is your responsibility to determine whether any of the Service areas and/or User Content (as defined in Section 3 below) are appropriate for your child.
b. FYB’s License to You;
Subject to these Terms and our policies, FYB grants to you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
From time to time, FYB may run certain contests or sweepstakes. Each such contest or sweepstakes will have its own rules and conditions, which shall be in addition to these Terms. Participation in any such contest or sweepstakes requires your acceptance of such rules and conditions.
4. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) 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;
3) 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 us to locate the material;
4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5) A statement that the complaining party has 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
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent through our contact page.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
6. THIRD-PARTY LINKS, SITES, AND SERVICES
The Service may contain links to third-party websites, advertisers, affiliate advertisers, services, special offers, or other events and activities that are not owned or controlled by FYB. We do not endorse or assume responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, advertiser, affiliate advertiser, offer, event, activity or content through the FYB website, you are doing so at your own risk and you agree that FYB will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to defend, indemnify and hold harmless FYB, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms, (ii) your User Content, (iii) your use of materials or features available on the Service, or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Service and all included content are provided on an “AS-IS” basis without warranty of any kind, whether express or implied.
FYB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
FYB takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits through our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FYB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OF ANY THIRD PARTY OR THE CONTENT POSTED ON OR UPLOADED TO THE SERVICE BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR POSTINGS; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT.
IF ANY PART OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER FOR YOU USE OF THE SERVICE, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE SERVICE DURING THE PRIOR TWELVE (12) MONTHS; OR (2) TWENTY-FIVE U.S. DOLLARS (USD $25.00).
For any claim that you may have with FYB, you agree to contact us at through our contact page first in writing within one (1) year of the date that such claim first arose, or such claim is forever waived by you. You agree that we will first attempt to resolve the claim informally. We each agree to negotiate any claim in good faith. However, if FYB is unable to resolve the claim with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of, in connection with, or relating to these Terms, through binding arbitration. You agree that by entering into these terms, you and FYB are each waiving the right to a trial by jury. Additionally, we each agree that any claims or proceedings will be conducted only on an individual basis. Neither you, nor any other user can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. Unless otherwise agreed, the arbitrator may not consolidate more than one person's claims.
11. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Pennsylvania, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Pennsylvania.
The Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
12. GENERAL TERMS
a. Notification Procedures and changes to these Terms;
FYB reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. FYB may revise these Terms from time to time and the most current version will always be posted on our website. It is your sole responsibility to familiarize yourself with the Terms contained on our website. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FYB without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
c. Entire Agreement/Severability;
d. No Waiver;
No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term contained herein, and FYB’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.